Big Law firms’ anonymous internet postings about clients, cases and legal opposition. Part 1 in a new series.
“Let’s start with Miller Thomson LLP’s anonymous Internet postings about the National Hockey League Players Association and work up from there.”
Is it ethical for lawyers to anonymously post on the Internet about their cases, clients and legal opponents?
by Donald Best, former Sergeant, Detective, Toronto Police
Since at least 2004, personnel from Miller Thomson LLP’s Toronto law office made dozens of anonymous Internet postings on Wikipedia.org and other websites; about clients, opponents and others involved in ongoing legal matters. I’ve also discovered that some other Big Law firms similarly made anonymous postings over the years.
But before the public calls upon the Law Society of Upper Canada to investigate, we had better ask “Who will watch the watchmen?”
As an example, my investigations show that in 2009 personnel from the law society themselves posted anonymously on Wikipedia.org about then Osgoode law student Wendy Babcock, a former Toronto sex-worker and political organizer. Babcock later committed suicide in 2011.
This extraordinary information is easily confirmed online by anyone with Internet access.
You’ll be able to confirm everything for yourself after reading this and other articles in the series. (So will investigators from the Law Society of Upper Canada; not that LSUC takes any action against BIG LAW firms like Miller Thomson LLP, but that is a separate issue.)
National Hockey League Players Association
Personnel from Miller Thomson’s Toronto law office anonymously posted on the Internet about the National Hockey League Players Association, former NHLPA Executive Director Bob Goodenow and then NHLPA associate counsel Ian Pulver.
These anonymous Internet postings appear to have been made at a time when Miller Thomson LLP either represented some of the subjects of the articles, or represented other clients in existing and/or potential legal proceedings or negotiations involving the subjects.
Over the years, Miller Thomson law office personnel also made many other anonymous Internet postings about persons and entities involved in legal actions, negotiations and labour disputes. Although their motives are not always apparent, one thing that is clear is that Miller Thomson personnel chose to make these Internet postings anonymously instead of using their real names or attributing the postings to Miller Thomson.
Are MIller Thomson’s actions ethical? Do their actions contravene any rules of the Law Society of Upper Canada?
Lawyers and other law firm personnel deal with privileged, confidential and intimately private information daily. That these same lawyers and staff would anonymously post information online about their clients, cases and legal opponents should be of grave concern to the legal profession and governing bodies because it tends to undermine public confidence in lawyers and thus in the justice system itself.
Forensic investigations revealed the truth about this little-known activity by law firm personnel. Other Big Law firms have been up to the same thing: a coming article in the series will consider anonymous Internet postings by Cassels Brock & Blackwell LLP and some other BIG LAW firms.
Are lawyers and law office personnel allowed to make anonymous Internet postings about their legal cases, clients and opponents?
To the ordinary Canadian, the Rules of Professional Conduct as posted on the website of the Law Society of Upper Canada appear to be so general and vague as to be almost useless as a guide in some of the incidents documented in this series. Other incidents I present in this new series are, however, obviously in violation of the LSUC Rules and of various Federal and Provincial laws as well.
Perhaps some lawyers out there might be able to comment after reading this article and others in the series.
I have identified a number of different types of anonymous internet activities that Miller Thomson and some other Canadian lawyers, law firms and legal personnel appear to be engaged in. In order of increasingly serious conduct:
- Anonymously changing the online public record about clients, cases and legal opponents.
- Anonymously spreading online rumours, misinformation & discord.
- Serious misconduct, including anonymous online threats against opposing witnesses, harassment, posting of confidential information including Identity Information as defined in the Criminal Code.
Once again, all of these activities happen in situations where the subjects of the anonymous conduct are either legal clients or opposing entities. And, in at least three examples I’ve found, personnel from law firms made anonymous internet postings about competing law firms and lawyers.
Example #1: Miller Thomson personnel anonymously changed the public internet record about Robert W. “Bob” Goodenow, Executive Director of the National Hockey League Players Association Read more