Celesq® Attorneys Ed Center

Celesq® Upcoming Webcasts

Date Published: 03/02/2021

Blabbing, Boasting and Ghosting: The Ethics of Lawyers Writing Blogs

Lawyers, both in practice and business settings, are increasingly communicating via blogs and other forms of social media, such as LinkedIn and Facebook. This programs looks at the ethical parameters that apply to posting information through these vehicles. We explore the range of obligations to maintain the confidentiality of prospective, current and past clients, under ABA Model Rules 1.18, 1.6 and 1.9, when blogging or using other forms of social media. We look at the circumstances under which ghostwritten blogs may be permissible, focusing on Model Rule 7.1. We consider whether blogs are advertisements governed by Model Rules 7.2 and 7.3, and look at cases setting out the criteria for making that determination. The program concludes by considering the possibility that the give and take in a social media post can form an attorney-client relationship.

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