The Court of Appeals for the DC Circuit has affirmed the ABA’s view that a federal privacy law aimed at financial institutions does not cover the legal profession.         

As the court stated, “the regulation of the practice of law is traditionally the province of the states.” 

Said Michael S. Greco, ABA President: “This ruling underscores that for more than two centuries we have rightly relied on state supreme courts to exercise responsibility for oversight in order to protect and safeguard the confidentiality of attorney-client communications and the public interest. 

The U.S. Court of Appeals for the District of Columbia Circuit ruled that the privacy provisions of Title V of the Gramm-Leach-Bliley Act (“GLBA”) do not apply to lawyers, stating “…we cannot hold that Congress has directly and plainly granted the (Federal Trade) Commission the authority to regulate practicing attorneys as the Commission attempts… The Commission’s interpretation is not a reasonable one.” 

The ruling came on a lawsuit filed by the New York State Bar Association against the Federal Trade Commission.

The opinion is available at:

http://pacer.cadc.uscourts.gov/docs/common/opinions/200512/04-5257a.pdf

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