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

Lawyers' Lawyer Newsletter
Jun 29, 2026
Beyond Malpractice: The Rising Threat of Privacy and Statutory Claims Against Lawyers

In The News
Jun 26, 2026
Brian McGrath Discusses Far-Reaching Impact of a NY Foreclosure Ruling on Mortgage Industry

In The News
Jun 26, 2026
Jason Oliveri Discusses AI Companions in Elder Care and the Risks for LGBTQ+ Residents

Event
June 25-26, 2026
Todd Young Speaks on Importance of Financial Literacy to ESOP Culture

Press Release
Jun 25, 2026
Scott Seaman Appointed to DRI Center for Law and Public Policy’s Social Inflation Task Force

In The News
Jun 23, 2026
Michael Dowell Explores New OIG Compliance Expectations for MAOs

Press Release
Jun 23, 2026
Jennifer Driscoll Reappointed as the ABA Antitrust Law Section Co-Chair of Comments

Press Release
Jun 22, 2026
Hinshaw Named a Client Service Standout Firm in BTI Consulting Client Service A-Team 2026

In The News
Jun 22, 2026
Lucy Wang Discusses California Insurance Solvency Regulation Addressing Climate Risks



