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

Insights for Employers Alert
Jun 9, 2026
A Win for Employers: Federal District Court Finds $100,000 H-1B Visa Petition Fee is Unlawful

Press Release
Jun 9, 2026
Calvin Edwards Honored With 2026 Rising Star Award by the Black Men Lawyers’ Association

Webinar
Jun 9, 2026
John DeLascio Speaks on How Social Inflation is Reshaping Insurance Risk

Consumer Crossroads: Where Financial Services and Litigation Intersect
Jun 8, 2026
Court Distinguishes Between Clickwrap and Browsewrap Arbitration Agreements

Webinar
Jun 8, 2026
Aimee Delaney and Jason Oliveri Speak on Workplace Generative AI Usage

Insights for Insurers Alert
Jun 8, 2026
New York’s Sweeping Motor Vehicle Tort Law Reforms: More Than Meets the Eye

Privacy, Cyber & AI Decoded Alert
Jun 5, 2026
AI Governance Expectations on the Rise for Insurers Amid New Regulatory Activity

Press Release
Jun 4, 2026
Hinshaw Recognized Nationally in 2026 Chambers USA Directory




