We’ve noted before that just because information relating to your representation of a client might be publicly available, your duty of confidentiality means that you can’t disclose it if it is not “generally known.” The two concepts — public availability and being “generally known” — are not the same, as a New Jersey lawyer learned
No marketing using client’s info without express consent, says S.C. supreme court, even if “generally known”
As we’ve noted before (here and here), the ethical duty of confidentiality is broad, and can even cover publicly available information. Now comes a reminder that based on the confidentiality rule you should obtain consent before using your client’s name in marketing materials — and that some jurisdictions go even farther. For instance,