#2 in 2017: Hey Lawyers! STFU!

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:

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.”
Thomas Edison


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