It is well understood that one of the primary duties owed to clients by attorneys is the duty to maintain confidentiality. Indeed, pursuant to ABA Model Rule of Professional Conduct 1.6, “[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 specific exceptions identified in the Rule 1.6(b)].”  A violation of this obligation can result in significant penalties for a lawyer, whether from the client or the bar.

Many firms, in reviewing their obligations under their state’s version of Rule 1.6, had concluded over the years that the protections of this rule additionally impact lawyers’ social media.  Indeed, many lawyers have taken care to ensure that they do not post confidential client information online without client consent.