Online Discussion Waives Attorney Client Privilege

When I give talks on social media, one point I emphasize is that it really doesn’t change a lot of the old rules. Here’s a good example. A plaintiff in a copyright dispute with Universal Music apparently used a variety of online media to detail her lawyers’ legal strategy and her discussions with counsel. A magistrate recently ruled that the plaintiff waived any attorney client privilege relating to that information. Okay, so here’s how it works. The stuff that you and your lawyers talk about is privileged. No one else can get it. But that only applies to discussions that stay within that circle. If you blurt it out to a third person, say goodbye to the privilege. And that includes blurting it out online. Rules are rules.