For bar executives, section chairs and ethics counsel

Running a bar association listserv after ABA Opinion 511

By Gaggle Mail · Last reviewed: November 5, 2026

The ABA’s 2024 opinion is addressed to lawyers who post, not to the people who run the list. But your list sets the norms. Here’s what the opinion says, where your state stands, and a policy you can adopt this week.

Get the free policy template Read the short answer

Free · Word and plain text · Works on any list platform

How we got here

  1. 1998

    ABA 98-411: consulting one chosen lawyer is fine

  2. May 2012

    Illinois 12-15: lists are fine if the client can’t be identified

  3. Aug 2018

    Texas 673: online groups allowed; hypotheticals can still breach

  4. May 8, 2024

    ABA Opinion 511: consent if a reader could identify the client

  5. Jan 2025

    Minnesota: 511R doesn’t apply under its own rule

  6. Nov 2025

    Florida 25-1: a similar test, with its own exception

  7. Today · Nov 2026

    Put the rules in every footer

1 · The short answer

What is ABA Opinion 511?

ABA Formal Opinion 511 is an ethics opinion published on May 8, 2024 by the American Bar Association’s Standing Committee on Ethics and Professional Responsibility, later reissued as 511R. It says that under Model Rule 1.6, a lawyer needs the client’s informed consent before posting about a client’s matter on a listserv, even as a hypothetical, if readers could reasonably work out who the client is or what the matter is. General discussion of the law needs no consent.

Read the full opinion (PDF, 7 pages, americanbar.org)

2 · What it says

What Opinion 511 says, in plain English

The opinion answers one question. When a lawyer asks other lawyers on a listserv for help with a matter, is sharing the details “impliedly authorized”, the way talking to a colleague in the same firm is? For most listservs, the ABA says no. In practice:

  1. Confidentiality is broader than privilege. Rule 1.6 covers all information relating to the representation, whatever its source. That includes facts already in a public court file, and often the client’s identity itself.

  2. A listserv isn’t a consultation with a colleague. A 1998 ABA opinion (98-411) let a lawyer consult a chosen lawyer at another firm who would keep the information confidential. A listserv is different: the poster usually doesn’t know everyone reading, opposing counsel may be among them, and nothing stops a post being passed on. In the opinion’s words, “protections against wider dissemination are lacking.”

  3. Hypotheticals aren’t automatically safe. The test is whether a reader, then or later, could reasonably infer who the client is or what the situation is. Unusual facts, a matter that’s been in the news, or a small local bar all make that more likely.

  4. It covers more than questions. Replies, networking and “war stories” are held to the same standard. The duty continues after a matter ends (former clients, Rule 1.9(c)).

  5. Some lawyers carry more risk. In-house and government lawyers, who effectively have one client, and litigators whose matters are easy to identify, need extra care.

  6. Plenty is still fine, with care. Sharing new decisions, articles and legal news, or recommending contractors and other lawyers, has nothing to do with a client and needs no consent. Asking for cases, articles, forms or checklists on a topic is often fine too, but even a general question can give a client away. The ABA’s own example: a question about searches of garbage bins outside a home can tell readers you represent someone whose bin was searched.

When consent is needed, it has to be informed. The client should understand that people with no duty of confidentiality, possibly with opposing interests, may see the information. Silence isn’t consent, and a general clause in an engagement letter may not be specific enough.

3 · Your state

Is Opinion 511 binding? Does it apply in my state?

ABA opinions interpret the ABA Model Rules. They’re persuasive, not binding. What counts is your state’s version of Rule 1.6 and its own ethics opinions. Most states reason the same way as the ABA, but not all.

State guidance on lawyers posting to listservs, compared with ABA Formal Opinion 511R
Jurisdiction Guidance Compared with the ABA What it says
ABA Formal Op. 511R · May 8, 2024 The baseline Informed consent needed if readers could reasonably identify the client or situation; general legal discussion is fine
Florida Ethics Op. 25-1 · Nov 10, 2025 Similar, own exception Client information may be shared on a listserv only if it serves the client’s interests and the client hasn’t forbidden it; get informed consent if the client could be identified. Florida’s rule has an extra client-interest exception
Minnesota Lawyers Board Op. 26 · Jan 2025 Disagrees Says 511R doesn’t apply in Minnesota and is too restrictive there: Minnesota’s Rule 1.6(b)(2) allows disclosure of unprivileged information that wouldn’t embarrass or harm the client, unless the client asked for it to be kept confidential
Texas Ethics Op. 673 · Aug 2018 Similar Informal consultation, including in online discussion groups, isn’t banned outright, but confidentiality still applies and even hypothetical facts can breach it
Illinois ISBA Op. 12-15 · May 2012 Similar A lawyer may consult an online discussion group if nothing about the representation is disclosed and the client can’t be identified
Maryland, Oregon MSBA Op. 2015-03 · OSB Op. 2011-184 Earlier, cited by the ABA Earlier opinions the ABA cites, treating general consultations as acceptable and listservs as useful
North Carolina None No guidance No rule or ethics opinion mentions listservs (UNC School of Government, July 2024)
Your state Not listed? Ask first Ask your state bar’s ethics counsel before relying on the ABA’s view

This table isn’t complete. Check your state bar’s ethics opinions, or ask its ethics counsel, before relying on it. Last checked: November 5, 2026.

4 · For list admins

What it means for the people who run the list

The opinion is addressed to lawyers who post. It puts no duty on a bar association, a section chair or the company that hosts the list. But the people who run a list set its norms, and members follow the rules printed at the bottom of every message.

A well-run bar listserv

Does five things

One afternoon to set up

  1. Has a written policy, and shows it

    Template §1–13

    Members see it when they join, and a short version sits in every message footer.

  2. Keeps membership real

    §2

    Only verified members can join and post, and people come off the list when their membership lapses.

  3. Moderates in proportion

    §12

    Posts from new members, or posts on sensitive lists, can be held for review. A busy, established list usually doesn’t need every post checked.

  4. Treats the archive as a record

    §11

    Members-only and never public, with a stated retention period and a way to have a post taken down.

  5. Makes private follow-up easy

    §5

    “Reply to the author, not the list” for anything specific. That’s the nearest a list gets to the one-to-one consultation the opinion treats as lower risk.

What the list shouldn’t do is judge whether each post meets Rule 1.6. Moderators don’t know the facts of a member’s matter, and taking on that role can suggest the bar has approved a post. The policy should say plainly that each lawyer is responsible for what they post.

The honest limits

What no listserv can do

  • Make a client post permissible

    No setting does that. A members-only list still reaches readers the poster doesn’t know.

  • Make posts privileged

    Posts aren’t privileged. A post to other lawyers isn’t a lawyer–client communication.

  • Recall delivered copies

    Removing a post from the archive doesn’t recall copies already delivered to inboxes.

  • Hide the facts

    Hiding the poster’s name can help, but it doesn’t change whether the facts identify the client.

5 · Free template

Free listserv policy template

Copy it, adapt it and publish it. It’s written for a bar association section list, but it works for any lawyers’ list on any platform. Replace the [bracketed] text, delete the optional clauses you don’t need, and have your ethics counsel check it against your state’s rules.

[Association name] — [List name] listserv policy

Version [1.0], adopted [date]

Download (.docx)
  1. Purpose. [List name] is a members-only email discussion list for [members of the X Section of the Y Bar Association]. Use it to discuss the law and practice of [practice area], share resources, announce events and ask for general guidance.
  2. Who can join. Membership is open to [members in good standing of the Section]. We confirm membership, [using your bar number or member ID], before approving a request to join. You’ll be removed when your [Section membership] lapses.
  3. Client confidentiality. You are responsible for your own professional obligations, including [Rule 1.6 of the {State} Rules of Professional Conduct]. Don’t post anything that could let a reader, now or later, identify a client or a matter unless the client has given informed consent. A hypothetical isn’t automatically safe. If in doubt, don’t post, or ask for general resources (cases, articles, forms) instead. See ABA Formal Opinion 511R and [state guidance].
  4. Not privileged, not private. Posts aren’t privileged or confidential. They go to every member, can be forwarded, and are kept in the list archive. Write every post as if opposing counsel will read it, because one of them may.
  5. Replies and forwarding. Reply to the whole list only when your answer helps everyone. To discuss specifics, reply privately to the author. Don’t forward posts outside the list without the author’s permission.
  6. Not legal advice. Replies are informal views from colleagues. They aren’t legal advice, and they don’t create a lawyer–client relationship. Do your own research before relying on them.
  7. Professional conduct. Be civil. No personal attacks, harassment or discrimination. Comments about judges, courts and colleagues must meet the standards you’d follow in court.
  8. No advertising or solicitation. Don’t use the list to advertise services or solicit clients. [Referral requests are welcome; put “Referral” in the subject line.] [Job postings go to {list or page}.]
  9. [Optional] Fees and competition. Don’t discuss or agree on fees, rates or boycotts with other members on the list.
  10. Copyright and attachments. Share only material you have the right to share. [Keep attachments under {size}; link to large files instead.]
  11. Archive and retention. Posts are kept in an archive that only members can read, for [three years], then deleted. You can ask the administrators to remove your own post at any time. We’ll remove it from the archive, but we can’t recall copies already delivered to members’ inboxes.
  12. Moderation and enforcement. Administrators may hold or remove posts that break this policy, and may suspend or remove members [after a warning]. Administrators don’t review posts for compliance with ethics rules; that stays with the member who posts. Questions: [admin email].
  13. Changes. We may update this policy. We’ll announce changes on the list.

Short version for every message footer

[List name] is a members-only list. Posts aren’t privileged. Don’t post anything that could identify a client without informed consent (ABA Op. 511R; [State] Rule 1.6). Reply privately for specifics. Full policy: [link]

Welcome message version

Clauses §1–§5 plus a link to the full policy, ready to paste into the message new members get when they join. Included in the download.

Free to use and adapt. If you publish it, a link back to this page is appreciated.

6 · On Gaggle Mail

Setting the policy up in Gaggle Mail

If your list runs on Gaggle Mail, here’s the setting that backs up each clause.

Start a section list free — up to 200 members See how bar associations use Gaggle Mail
The Gaggle Mail setting behind each clause of the policy template
Policy clause Gaggle Mail setting
§2 Who can join New members wait for admin approval before they join, and only members can post, which is the default
§3–4 Confidentiality, not privileged The short policy goes in the custom footer of every message and the full policy in a custom welcome message. You can write both on any paid plan
§5 Replies Choose where replies go: always the whole group, the recipient’s choice, or always the original sender
§11 Archive There’s no public archive option. Only admins can read it, or members too if you allow it, and admins can delete any message. Deleting old posts is manual, so set a reminder for your retention period
§12 Moderation Hold posts for approval from everyone, from everyone except the people you list, or only from the people you list
Sections One Organization holds every section list. On an unlimited-groups plan or Enterprise, a member on five lists is billed once
Anonymous questions (optional) Incognito mode hides each sender’s email address from other members, and members who want to stay anonymous use an alias as their name. It also limits the archive and member list to admins

Moving a list off LISTSERV? How to migrate from LISTSERV. Need invoice billing, SSO or a security review? See Enterprise and our Trust Center.

7 · Questions

Questions about Opinion 511

What is ABA Formal Opinion 511?

An ABA ethics opinion from May 8, 2024 (reissued as 511R). It says a lawyer needs the client’s informed consent before posting about a client’s matter on a listserv, even as a hypothetical, if readers could reasonably identify the client or the situation.

Why is it called 511R?

The ABA reissued the opinion under the same date, May 8, 2024, without saying what changed. The reissued version carries a trademark note on the word “listservs”, and Minnesota’s lawyers board described the changes as mainly that. The substance is the same.

Is ABA Opinion 511 binding?

No. ABA opinions interpret the Model Rules and are persuasive only. Your state’s Rule 1.6 and its ethics opinions govern. Minnesota, for example, has said 511R doesn’t apply there.

Can lawyers post hypotheticals on a listserv?

Only if there’s no reasonable likelihood that a reader could work out the client or the situation. Unusual facts, publicity or a small local bar make that harder. Otherwise the client’s informed consent is needed.

Does Opinion 511 apply to private, members-only listservs?

Generally, yes. A members-only list still reaches many readers the poster doesn’t know and can’t hold to confidentiality. A small group of lawyers the poster picks personally is closer to a one-to-one consultation, but the opinion sets no size.

Does Opinion 511 cover Google Groups and other email lists, or only LISTSERV?

All of them. The ABA says it uses “listservs” to mean any electronic discussion group or email community, whatever software runs it.

Are listserv posts privileged?

No. Privilege covers communications between a lawyer and client. A post to other lawyers isn’t one.

Does a bar association have to change its listserv because of Opinion 511?

No. The opinion is addressed to lawyers, not to list operators. Many bars have responded by publishing or updating a listserv policy and showing it in every message footer.

What should a bar association listserv policy include?

Who can join, a client-confidentiality rule, a reminder that posts aren’t privileged, how to reply privately, a not-legal-advice line, conduct and advertising rules, archive retention and removal, and how moderation works. The template above covers all of them.

Sources

Not legal advice. This guide is a plain-English summary for people who run lawyers’ email lists. It isn’t legal advice, and Gaggle Mail isn’t a law firm. For advice on your own obligations, talk to your state bar’s ethics counsel.

LISTSERV® is a registered trademark of L-Soft international, Inc. “Listserv” is used here in its general sense of an email discussion list.

Last reviewed: November 5, 2026 · Next review: May 2027