With more than two decades of experience in the legal field, attorney Cynthia Ann Miller specializes in real estate law in her Hinsdale, IL, practice. Outside of her work in her Hinsdale, IL, office, Cynthia Miller engages with her peers and stays up to date on new legal trends through membership in the American Bar Association (ABA). The ABA routinely offers guidance on issues of ethics and other matters.
Attorneys who keep a blog or appear regularly on news programs to offer analysis may be tempted to draw upon their own case experience when talking about certain legal issues, but according to new ABA guidance, doing so may run afoul of ethical concerns as related to confidentiality. The ABA Standing Committee on Ethics and Professional Responsibility recently issued a new opinion about appropriate content for blogs and other avenues of social commentary.
The opinion specifically covers the use of hypothetical scenarios in these types of commentaries. Many times attorneys pull certain details from their own cases when constructing these scenarios, but sometimes those details are enough to determine a client’s identity. If the client has not given express permission to talk about their case, this would be a violation of ethics rules.