If you use any kind of social media platform, you may be aware that there exist various groups for lawyers on these platforms – i.e., groups of women attorneys, all Texas lawyers, or plaintiffs’ trial lawyers. In these groups, the lawyer members often seek out referrals for potential new clients, assistance with novel or discrete legal issues, information on court requirements, and other general information. While it is permissible to use these platforms for those purposes, it is important to understand that the Rules regarding confidentiality of client information still apply. Yet, postings in these social media groups often run afoul of Texas Disciplinary Rule of Professional Conduct 1.05 and the relevant ethics opinions that set out the parameters of what an attorney can and cannot say. 

First, “confidential information” under TDRPC 1.05 includes “all information relating to a client…acquired by the lawyer during the course…