Ask the Mentor

Should I use ListServ?

Dear Mentor: 

I’ve been looking at the bar association’s ListServ and wondering if I should post on it. What are the pros and cons?

Signed, 

ListServ Curious

Dear Curious:

Let me be honest, I have some strong feelings about listservs. At first glance, the SDCBA’s practice-area listservs look like just another place for email overload, and yes, sometimes I want to throw my laptop out the window when the threads spiral out of control. But before I get ahead of myself, let’s talk about their purpose.

A listserv is, at heart, an online discussion group for attorneys to share information, connect with colleagues, and support each other within their practice areas. It’s collaboration with a click. Sometimes an absolute necessity, especially for solos and new lawyers who want to crowdsource procedure tips or recommendations for experts.

That collaboration can be powerful. Need to track down a hard-to-find local rule? Want feedback on a recent ruling? Listservs let you get the word out quickly, celebrate successes, and brainstorm solutions with people who understand the ups and downs of legal practice.

But here’s the catch: when you’re sharing with a broad audience, be mindful not to overshare. The ABA’s Formal Opinion 511 reminds us to not post anything that could reveal who your client is, what their case is about, or any sensitive details unless your client gives informed, written consent. Think twice before posting case specifics, “hypotheticals” that aren’t that hypothetical, or stories about clients that could be linked back to real people. Lawyers are clever, and details have a way of resurfacing.

And yes, there are professional risks. Judges, employers, and colleagues are reading. It pays to be careful about how you present yourself. Sounding out ideas is great for growth, but constant vulnerability in a public forum isn’t always wise. A single misstep, posting something too candid or off-the-cuff, can stick with you longer than you’d like.

Time is precious. Sometimes, listservs feel like a time sink, especially when threads veer into debates or event ads you could find elsewhere. There’s also the matter of gossip and commentary. An attorney’s defamation lawsuit over listserv comments was a sobering reminder: listservs are not the place for airing personal grievances or negative opinions about other attorneys. Focus on knowledge sharing, not community drama.

But don’t overlook what listservs do best: they are wonderful for sharing recent legal developments, procedural tips, requests for forms, crowd wisdom, and moral support. Recently local lawyers rallied, pooled resources, and tracked down vital information in real time to help a colleague whose friend was detained by ICE. That kind of collective action can be a lifeline and a potent reminder that nobody practices law alone.

So, should you use a listserv? It depends on your purpose. Are you learning from credible sources? Are you protecting client confidentiality? Are you helping others when you can? Used wisely, listservs are a valuable tool for connection and quick information. Used carelessly, they’re a fast track to trouble.

If you use listservs, stick to:

• Practice questions, resources, and networking
• Legal updates, procedural tips, and requests for templates
• Announcing victories, sharing new rulings, or building goodwill

Leave out:

• Confidential information, anything that could identify a client
• Negative comments or gossip about other attorneys
• Political debates, endorsements, or off-topic rants

Lawyers are lifelong learners. Whether you love or loathe listservs, consider them another resource in your professional toolkit. Share wisely, support generously, and double-check the advice before relying on it in court. 

Write with your questions or comments to lesa@NewAttorneySecrets.com. I’d love to keep the conversation going. 

Lesa Christenson, CFLS, has been an attorney since 1985 and practices family law and mediation at ABC Family Law & Mediation, APC and Moore, Schulman & Moore, APC. She also teaches young attorneys the practice skills they need to excel in law firms through her training and coaching company, New Attorney Secrets.