Baby lawyer here. I’m wondering, how far does privilege go in day-to-day conversations? I’ve been erring on the side of caution, but is it permissible to mention that a certain company is a client of your firm, or would that be a breach of privilege?

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“There are two types of lawyers in the world - those that value being correct and those that value being helpful”, he thought to himself while reading the previous comments…

likefunny

Touché, A1…

likeuplifting

probably more a question of confidentiality than privilege

likehelpful

Easy check -- Google your firm name and the client and see if it's already public knowledge. Otherwise, the proper approach is usually to say, "a major bank", "a small biotech" etc.

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I would google the client and your firm and see if they’ve been mentioned on your site. This can be confidential

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Another rule we have at our firm: if we repped them in a litigation, then it's public record and not confidential. Not arbitration. Not mediation. Not transactions. Public litigation.

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I think it also kind of depends on what you do too. If your a white collar litigator, I wouldn’t probably going around dropping names even if in public record unless it was publicized or if your a divorce attorney or something. Honestly, sometimes I have to drop client names to other clients to avoid the conflicts issue. But, yeah, context will matter a bunch in addition to any firm policy.

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Honestly sometimes you shouldn’t talk about it even if it is public. Just because you *can* doesn’t mean you should. Think about if you’d want someone discussing it if you were the client. If the answer is no, don’t.

Otherwise matters of public record are fine to disclose, be careful you don’t accidentally disclose stuff that isn’t public while discussing things that are. It’s honestly just easier not to talk about work. People aren’t that interested about what you’re doing anyway. Tell stories about people, not what you’re doing substantively. For example, “John the angry typer was grinding his teeth so loud today I could hear it from my office. “ That’s stuff people want to discuss in social settings anyway.

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I just speak generally and am intentionally vague, I.e. I never give identifying information about clients. I’m transactional so often deals are not public until consummated unlike publicly filed litigation. Regardless, I think it’s just good practice to not disclose clients or identifying details of their matter.

likesmart

The litigation/transaction difference is big here. If something is in active litigation (ie a complaint has been filed and responded to) it’s not confi. If it’s pre-litigation or transaction it would depend on the matter nature.

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My firms name is literally on the cover sheet of all of my clients SEC filings (and it’s also required to be disclosed in registration statements and shareholder reports), so I don’t feel that bad about naming names in casual conversation because it’s all very public knowledge already

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After a deal announcement, I may mention to a very close friend, but otherwise, no.

Check your Bar's ethical opinions. Mine has opined that disclosing a client's identity without their consent, regardless of public record, is a violation of the confidentiality rule.

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