Ethics Question of the Week: What ethical issues can arise from using a listserve?

Q. I am a solo practitioner who sometimes uses a legal listserve to ask questions about cases. What ethical issues may arise when I use a listserve?

A. Rule 1.6(a) states that “a lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation, or the disclosure is permitted by paragraph (b) or required by paragraph (c).” ISBA Professional Conduct Advisory Opinion 12-15 (as well as ABA Formal Ethics Opinion 98-411) discusses the use of listservs as a tool to further client interests as long as precautions are met (such as using hypothetical or abstract situations) to protect client confidentiality and identity and to recognize and guard against potential misuse by others.

ISBA members can browse past ISBA Ethics Opinions, access our Ethics Hotline, and other resources on the ISBA Ethics Page.

Disclaimer. These questions are representative of calls received on the ISBA’s ethics hotline. The information provided below is meant as an educational tool to highlight potentially applicable Illinois RPC or other ethics resources that might help the lawyer answer the question posed.  The information provided isn’t legal advice.  Because every situation is different, often complex, and the law is constantly evolving, you shouldn’t rely upon this general information without conducting your own research.