Disclosure of confidential client information on the Internet by attorney violates Rule 1.6 of the Rules of Professional Conduct – In re Skinner, 740 S.E.2d 171 (Ga. Mar. 18, 2013)
A Georgia attorney recently learned the hard way that the Internet is no place to vent about a client. The attorney (Skinner) received negative comments from a client on consumer review websites. In response, Skinner posted personal and confidential information about the client on the Internet. After a formal complaint was filed against Skinner by the State Bar of Georgia, Skinner filed a petition for voluntary discipline admitting that she violated Rule 1.6 of the Georgia Rules of Professional Conduct. Rule 1.6 requires a lawyer to maintain the confidentiality of all information gained in the professional relationship with a client unless the client consents to disclosure after consultation. The client obviously did not consent to Skinner sharing her private information on cyberspace.
Skinner filed a motion for voluntary discipline in the form of a reprimand, which is the mildest form of discipline authorized for Rule 1.6 violations. The Georgia Supreme Court rejected Skinner’s petition despite recommendations by the Office of General Counsel of the State Bar and a special master to accept it. As a result, Skinner could face stricter disciplinary measures for her violations.
LegalTXT Lesson: Posting confidential information on the Internet is generally a bad idea. Especially if the information concerns somebody else. And you’re a lawyer. If you’re a professional who has an ethical duty to preserve confidences, like a lawyer, sharing confidential information about a client online is an invitation for trouble.
On a related note, responding to negative online comments with more criticism or hurtful actions (like revealing personal information about the commenter) is rarely an effective means of repairing reputation. The meltdown on the Facebook page of Amy’s Baking Company is an extreme example (although the owners claim the page was hacked). As the adage goes, don’t fight fire with fire.
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