Social Media Savvy

Social Media Savvy

Lawyers owe a duty of confidence to their clients. 

One key basis for this is that those who have received information from people who gave it in confidence should not take unfair advantage of it: Seager v Copydex Credit (1967) 1 WLR 923 

Confidential information can only be disclosed with the consent of the client, and in other limited circumstances (where the public interest outweighs the need to keep secret):

1.      Waiver (where a client waives the privilege and confidence): Lillicrap v Nalder & Sons (a firm) [1993] 1 WLR 94;

2.      Compliance with the Law (where a law said disclosure is mandatory): O’Reilly v State Bank of Victoria Commissioners (1983) 153 CLR 1; and

3.      Protection (where not disclosing would mean people suffering from physical or financial harm): Commissioner, Australian Federal Police v Propend Finance Pty Ltd (1997) 188 CLR 501 at 521.

Because of this, lawyers rarely share the actual things they do for a living on their social media profiles – besides brief and vague description of what they did.

Real-world examples where lawyers have (intentionally or inadvertently) posted sensitive or confidential information of their clients online “to share with social media friends”:

·        Client’s confidential info revealed by lawyer in response to that client’s negative website comments, although the client was not identified by name… (USA): http://www.dcbar.org/discipline/informal_admonition/20150609Mahoney.pdf

·        An assistant public defender revealed confidential information about her clients on her blog: Attorney Registration and Disciplinary Commission of Illinois v. Peshek No. 6201779, Comm. No. 09 CH 89 (Aug 25, 2009)