Legal Research

Talking About Your Case on Social Media May Waive Your Privilege

By John Gregory

An American magistrate judge (sort of like a master) has ruled that a plaintiff suing a company for improperly sending a takedown notice under the DMCA has waived a number of heads of attorney-client
privilege by discussing the details of her legal case too broadly by email and on a blog (Eric Goldman blog (per Venkat))

So it’s not just lawyers who have to worry about waiving privilege - the clients can do so too. It’s not that the media of communications were insecure in themselves, it’s that they left traces that could be
found (not surprising, for a blog, or in an exchange with a reporter).

The decision is under appeal. I would have thought that the principle is right, and would be the same under Canadian common law, whether the particular communications in this case justified the result or not.

Do you advise your clients to restrict their discussions of their case? If not, would you do so after seeing this decision?

Full post as published by Slaw.ca on November 21, 2010 (boomark / email).