Ethics alert: be careful about posting ABA formal ethics opinions on the web

By October 18, 2012 3 Comments

Last week I got an email from someone in the legal department of the American Bar Association. They wanted me to remove a PDF file with a formal ABA ethics opinion on metadata, because I hadn’t sought, and received, permission to post it. Of course, I had no idea that ABA opinions were subject to strict publication controls.

I would have thought the ABA would want to make it as easy as possible for people to know about their formal ethics opinions.

I told two lawyer friends about the ABA’s email. One is an ethics expert, and said “the ABA has long taken this position, and it’s annoying.” The other is an intellectual property expert; she was surprised the ABA would claim a copyright in formal opinions. She offered to help me craft a response letter to ask the ABA to explain their position, but I told her I’d rather just take down the file and move on.

What do I care if less people have access to ABA formal opinions? It’s not my central goal to make lawyers more aware of ethical issues. I would have thought that’d be the ABA’s goal. Clearly, I don’t understand a lot about the ABA. But I wonder how other lawyers would feel about the ABA’s position.

I’m pretty sure many of them would think it’s strange.

Update: Carolyn Elefant has been complaining about the ABA’s position for years, and has some really thoughtful observations on her blog. She’s even created an online petition at for folks to use to register their disagreement.