Without getting too far into the nuance or the limited exceptions that apply, suffice it to say that attorneys are charged with keeping confidential their client’s secrets and privileged information.
![Library, Alcatraz Library, Alcatraz](https://i0.wp.com/sociallyawkwardlaw.com/wp-content/uploads/2013/09/Library__Alcatraz.jpg?resize=300%2C300&ssl=1)
But you didn’t need me to tell you that, did you?
It’s also the case that attorneys maintain a fiduciary relationship with respect to clients – we can’t abuse client trust or use confidences in ways that are harmful to our clients. We also shouldn’t embarrass our clients, even if the information we reveal isn’t confidential.[ref]See ABA Model Rule 1.6.[/ref] There are even obligations we owe potential clients.[ref]See ABA Model Rule 1.18.[/ref]
But these rules are almost always very easy to follow by any attorney possessing sound judgment: Be discreet. Guard your client confidences. Think of your client’s interests first, always.
It’s simple stuff, really. But one place – besides blogging about clients – that the urge to publicly talk about clients can come up is when clients post negative online reviews.
Effectively responding to negative feedback is a subject deserving of its own entry, but one simple rule to follow is this: don’t succumb to the temptation to “set the record straight.” Not only is so doing ineffective, but it also runs the risk of revealing attorney client confidences. A growing number of attorneys have discovered this the hard way, incurring professional sanctions after posting client confidences in response to negative reviews:
- In re Skinner (Georgia, 2013)
- In re Tsamis (Illinois, 2014)
- People v. Underhill (Colorado, 2015)