SC reminds lawyers vs breaking Attorney-client privilege in social media

MANILA, Philippines — The Supreme Court has reminded lawyers that posting communications with their clients on social media may result in a disbarment case.

Lawyers who make commentaries on pending cases have also been warned that they should have respect to the officers of the court.

“I hope others will become very aware of Attorney-client privilege and respect of lawyers to the officers of court that are deciding pending cases. We think we need to communicate that,” Associate Justice Marvic Leonen said.

Leonen joined Chief Justice Alexander Gesmundo who led the SC Meets the Press: Dialogue and Thanksgiving on Wednesday. Associate Justice Japar Dimaamapao and Midas Marquez were also in the event.

Leonen said that they noticed social media posts from younger lawyers, which include letters from client that liked their work or pleadings that they will file. “They are excited. I think many of us have posted on Twitter or in Facebook, that’s not allow because they is Attorney-client privilege,” the justice said partly in Filipino.

He stressed that it is “absolutely prohibited” for lawyers to post any communication from a client, including a text message thanking him or her.

“Maybe we need to preserve the confidentiality between us and our clients because once you post, you are actually opening to third parties your communication and that’s actionable,” Leonen said.

“So the tolerance of the SC on this has been stretched, I think. And sooner or later, disbarment case may be filed against one or two [lawyers] because they actually violated their Attorney-Client privilege,” he continued.

The justice also reminded lawyers to “have respect for the Judiciary” and “hold back commentaries” on pending cases.

“As we have mentioned before, what’s more important is to maintain the aura of justice rather than showing arrogance that they are smarter,” Leonen also said.