I have obtained a ruling from an appellate court in a case with a memorandum opinion that is very favorable to my client and which establishes new law that will be helpful to my client and other potential clients in future cases. Is it a violation of the ethical rules of confidentiality for me to actively seek publication of the memorandum opinion? Do I need my client’s consent?
The question is an interesting one. For instance, many times there are common pleas court opinions or Superior Court memorandum opinions that are not published. Sometimes the opinions do change the law and/or provide stronger causes of action. For the appellate courts, there is a procedure to petition the courts to publish the opinion within the 14-day time period if the decision is a memorandum decision as opposed to a published precedential decision.
