Page 7 - September October 23 Report

legitimate purposes and not to harass or intimidate others. A lawyer should demonstrate respect for the legal system and for those who serve it, including judges, other lawyers, and public officials.14
Social media can be a great vehicle for attorneys to keep the public informed about the legal system. Conversely, attor- neys need to balance their aspiration with the concrete rights of their clients’ confidentiality. An appropriate balance will protect the public’s faith in the legal system in the ever-changing dynamics of social media.
Longtin is employed as a Staff Attorney with the Cincinnati Insurance Company. She is currently
the Chair of the CBA’s Committee on Ethics and Professionalism. Lynne has been a member of the CBA since 1999.
1 Jacobowitz, Jan L., 11 St. Mary’s J. Legal Mal. & Ethics 312 (2021), Negative Commentary – Negative Conse- quences: Legal Ethics, Social Media and the Impact of Explosive Commentary, p. 330.
2 Id.
3 Id. at 331.
4 ABA Formal Opinion 480, March 6, 2018; Confidentiality Obligations for Lawyer Blogging and Other Public Com- mentary:“Online public commentary provides a way to share knowledge, opinions, experiences and news.”
5 Ohio Professional Rules of Conduct, Preamble, Section 6.
6 ABA Formal Opinion 480:“While technological advances have altered how lawyers communicate, and therefore may raise unexpected practical questions, they do not alter lawyers’ fundamental ethical obliga- tions when engaging in public commentary.”
7 Ohio Prof.R. 1.6(a)(Emphasis in original.) 8 Id., Comment 4.
9 Id., Comment 4.
10 ABA Formal Opinion 480.
11 Id. “Significantly, information about a client’s representa- tion contained in a court’s order, for example, although contained in a public document or record, is not exempt from the lawyer’s duty of confidentiality under Model Rule 1.6.” (Emphasis in original.)
12 Bar Counsel v. Smith, Public Reprimand 2019-16 (Mass. No. 6, 2019), https://bbopublic.blob.core.windows.net/ web/f/pr19-16.pdf
13 Id. at p. 7. (Emphasis in original.)
14 Ohio Rules of Professional Conduct, Preamble, Section 5.
ETHICAL QUANDARY?
The CBA is proud to offer ethical guidance to Greater Cincinnati attorneys through our Ethics Committee's hotline.
September
Gregory S. French (513) 641-4692 George D. Jonson (513) 768-5220 Phyllis Bossin (513) 421-4420
October
Chuck E. Strain (513) 621-2889 Stephen A. Simon (513) 357-4520
The members of the CBA Ethics & Professional Responsibility Committee listed above are available to help you interpret your obligations under the Ohio Rules of Professional Conduct. Questions posed should be framed hypothetically and should relate to your own prospective conduct. The committee also accepts requests for written opinions.
THE REPORT | September/October 2023 | CincyBar.org 7