Joseph M. Cacace in an article published in Massachusetts Lawyers Weekly analyzes the professional ethics perils that lawyers face when posting content on social media and offers recommendations on how to safely participate on social media in the wake of a recent decision by the Massachusetts Board of Bar Overseers.
The BBO publicly reprimanded an attorney for posting on his personal Facebook page information about his client’s guardianship case. The BBO determined the posts were a violation of the Massachusetts Rules of Professional Conduct prohibiting the disclosure of confidential client information – even though the attorney did not identify the client by name or provide any other identifying information.
The BBO ruled that the attorney breached the ethics rule despite the absence of evidence that a third party identified the client from the Facebook posts. A violation of the rule occurs when it is reasonably likely that a third party could identify the client, as was the case in this matter, according to the BBO.
Mr. Cacace concentrates his practice on complex civil matters, including business and real estate disputes, intellectual property litigation, labor and employment litigation and counseling, professional malpractice, civil rights, and class actions.