Anthony Davis and Janis Meyer Discuss the Ethical Implications of Pillow Talk Between Lawyers in their New York Law Journal Column
In The News | 1 min read
Nov 6, 2018
In a New York Law Journal column, Hinshaw partners Anthony Davis and Janis Meyer discuss the ethical implications of lawyers sharing client confidential documents and information with their significant others. The issue was recently presented in a disciplinary case decided by the Supreme Court of Ohio in Disciplinary Counsel v. Holmes and Kerr, Slip Op. No. 2018-Ohio-4308.
In Holmes and Kerr, the lawyers were disciplined for violating Ohio Rules of Professional Conduct 1.6(a) (prohibiting a lawyer from revealing a client's confidential information), and 8.4(h) (prohibiting a lawyer from engaging in conduct that adversely reflects on the lawyer's fitness to practice law).
However, for law firms having to deal with such situations, Davis and Meyer note that three other elements of the Rules of Professional Conduct are also implicated: Rule 1.4 (duty to keep clients informed of the progress of their matters); Rule 8.3 (duty to report misconduct to the relevant authorities); and Rule 5.1 (the duty of supervision). Davis and Meyer suggest that back-to-basics training in the context of their CLE programs is the best approach for law firms seeking to prevent such pillow talk situations from arising in the first place.
Read the full article (PDF)
You can also read "The Ethical Implications of Pillow Talk," published by the New York Law Journal November 5, 2018, on the NYLJ website (subscription may be required)
Featured Insights

Event
Mar 3 – 5, 2026
25th Annual Legal Malpractice & Risk Management (LMRM) Conference

Press Release
Feb 13, 2026
Hinshaw Team Wins Appeal in Criminal Indictment of Waukegan City Clerk Janet Kilkelly

Press Release
Feb 10, 2026
Hinshaw Trial Team Secures $0 Defense Verdict in $15 Million Auto Accident Trial

Press Release
Feb 4, 2026
Hinshaw Celebrates 17 Consecutive Years of Being Named an Equality 100 Award Winner

Press Release
Feb 5, 2026
Hinshaw Legal Team Secures Directed Verdict in Florida Equine Fraud Case

Press Release
Feb 2, 2026
Hinshaw Welcomes 16 Attorneys in Seven Offices and Announces Opening of a Cleveland Office

Press Release
Jan 20, 2026
Hinshaw Attorneys Named to the LCLD 2026 Fellowship Class and 2026 Pathfinder Program

Press Release
Jan 15, 2026
Hinshaw Client Secures a Complete Jury Verdict in Fraudulent Misrepresentation Horse Sale Case

Press Release
Jan 6, 2026
Hinshaw Adds Four-Member Consumer Financial Services Team in DC and Florida



