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

Press Release
May 20, 2026
Hinshaw Releases America 250 Book Exploring Insurance's Role in Building the United States

Consumer Crossroads: Where Financial Services and Litigation Intersect
May 19, 2026
OCC's Final Escrow-Interest Preemption Rules Bolster the Second Circuit’s Cantero Decision

Webinar
May 19, 2026
Scott Seaman Speaks on Making Decisions in Difficult Risk Environments

Consumer Crossroads: Where Financial Services and Litigation Intersect
May 14, 2026
Key Takeaways from the 2026 MBA Legal Issues and Regulatory Compliance Conference

Consumer Crossroads: Where Financial Services and Litigation Intersect
May 14, 2026
SCOTUS Confirms: Federal Courts Retain Power to Affirm or Vacate an Arbitration Decision

In The News
May 13, 2026
Hinshaw Contributes Chapters to “Wrongful-Death and Survival Actions” IICLE Handbook

In The News
May 12, 2026
Hinshaw GC Steve Puiszis Discusses Protecting Attorney-Client Privilege in an AI Age

Event
May 12-13, 2026
Mitchel Chargo Speaks on the Rapidly Evolving Cannabis Industry

Consumer Crossroads: Where Financial Services and Litigation Intersect
May 11, 2026
Tennessee Reaches Settlement with Mariner in Multistate UDAAP Enforcement Action

Press Release
May 11, 2026
Ali Degan Elected to the Fellows of the American Bar Foundation

Press Release
May 11, 2026
John Weedon Re-Elected to the Jacksonville Bar Association’s Board of Governors in 2026

