Maybe 2017 will go down as the year that we resolved (for once and for all) that “public record” does not equal “generally known.”
I’m counting down this blog’s most-read posts of 2017. So far:
- #5: Lateral Transfers. Is VT’s rule too strict?
- #4: Lawyer Wellness: Keep it on the front burner.
- #3: A post on paralegal licensing: We can’t let perfect be the enemy of good.
Now, coming in at #2 is my post on client confidences: Hey Lawyers! STFU! It’s a post in which I gently reminded lawyers that things like “but it wasn’t privileged” or “but it’s public record” are not exceptions to:
- Rule 1.6’s prohibition against disclosing information related to a representation;
- Rule 1.9(c)(1)’s prohibition against using information related to the representation of a former client to the former client’s disadvantage; or,
- Rule 1.9(c)(2)’s prohibition against revealing information related to the representation of a former client.
After I posted the STFU blog, I followed up with this post on the “generally known” exception in Rule 1.9(c)(1). Read together, the two posts are best summarized by Thomas Edison:
“You will have many opportunities
to keep your mouth shut.
You should take advantage
of everyone of them.”