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Phillips Comments on Blog Ruling

Westlaw Journal Computer & Internet
March 2013

Charlotte Litigation Member Randy Phillips was quoted in Westlaw Journal Computer & Internet, Volume 30, Issue 21, on March 22.  In the article, “Attorney must add disclaimers to blog, Virginia high court rules,” Phillips provided input on Hunter v. Virginia State Bar ex rel. Third District Committee, No. 121472, 2013 WL 749494 (Va. Feb. 28, 2013).

In the matter, a majority of the Virginia Supreme Court ruled in a split decision that an attorney has a constitutional right to blog about concluded public litigation, but posts about specific cases must include a disclaimer that no results are guaranteed.

“'The court focused on privacy concerns but did not take into account that lawyers are widely thought to have some duty of loyalty even to former clients.  To me, the latter interest is not disposed of by the fact that others could have reported the same information,’ Phillips said.”