An article posted earlier today reminded us about public indiscretion when it comes to attorneys and their cases.
It is a fundamental element of attorney-client relations that communications are confidential. Obviously, this makes sense, given the kinds of information often disclosed during litigation or other legal representation; information the average person wouldn’t want in the public sphere.
Despite this duty, attorneys discussing their cases (often including personal and confidential information) is common-place: in courthouse elevators, loudly talking on their mobile devices, and as the article points out, in coffee shops and other venues with both their clients and other attorneys.
If anything, the problem seems to be getting worse. Attorneys often seem oblivious to the problem; perhaps because it lacks (so far, at least) the horror story of the case lost (or discipline given). Yet, at least.
In the meantime, perhaps attorneys should be mindful of the old WWII saying. Loose lips can sink ships. They can also sink cases.