24
Apr
2013
California lawyers may maintain a virtual law office in the cloud where communications with the client, and storage of and access to all information about the client’s matter, are conducted solely via the internet using a third-party’s secure servers. The lawyer may be required to take additional steps to confirm that she is fulfilling her ethical obligations due to distinct issues raised by the VLO and its operation. See California Formal Eth. Op. 2012-184 (May 2012).
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Categories : California, Internet Use, Computer Use, Cloud
24
Apr
2013
A California lawyer’s lawsuit against on online legal service provider alleging unauthorized practice of law withstood a demurrer. See Law Offices of Mathew Higbee v. Expungement Assistance Services, Cal. Ct. App. 4th Dist. No. G046778 (Mar 14, 2013).
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Categories : California, Internet Use, UPL
3
Jan
2011
The story with a link to the court’s order disqualifying the lawyers who read the misdirected e-mail is here.
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Categories : Confidentiality, California, E-mail, Internet Use, Computer Use, Attorney-client privilege, Privacy
26
Dec
2010
California Formal Opinion 2010-179 outlines the lawyer’s duties when transmitting or storing confidential client information when the underlying technology may be susceptible to unauthorized access by third parties. An attorney’s duties of confidentiality and competence require the attorney to take appropriate steps to ensure that his or her use of technology in conjunction with a client’s representation does not subject confidential client information to an undue risk of unauthorized disclosure. Because of the evolving nature of technology and differences in security features that are available, the attorney must ensure the steps are sufficient for each form of technology being used and must continue to monitor the efficacy of such steps.
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Categories : Confidentiality, California, E-mail, Internet Use, Computer Use, Attorney-client privilege, Privacy, Rules of Conduct, Ethics Opinions, Discipline, Security, Cloud
2
Jun
2006
A lawyer who provides web site visitors a means for electronic communication may effectively disclaim owing a duty of confidentiality to web-site visitors only the lawyer’s disclaimer is in sufficiently plain terms to defeat the visitors’ reasonable belief that the lawyer is consulting confidentially with the visitor. Simply having a visitor agree that an “attorney-client relationship” or “confidential relationship” is not formed would not defeat a visitor’s reasonable
understanding that the information submitted to the lawyer on the lawyer’s web site is subject to confidentiality. California State Bar Standing Comm. on Professional Responsibility and Conduct, Formal, Op. 2005-168
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Categories : Confidentiality, Websites, Attorney-client relationship, California
27
Apr
2006
In a first, a judge has blasted a lawyer for demeaning blog comments about opposing counsel.
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Categories : California, Blogs
27
Nov
2005
Lawyers who participate in Internet discussion groups should avoid including any confidential information that could be associated with a particular case or controversy. Postings that give identifying details about cases can result in problems such as waiver of work product protection or inadvertent communications with judges involved on a case. Los Angeles Cty. Bar. Ass’n. Professional Resp. and Ethics Comm. Formal Op. 514 (Aug 19, 2005).
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Categories : Confidentiality, California, Work Product Protection, Ex Parte Communications, Discussion Groups
8
Jun
2005
The Ninth Circuit has issued a decision which analyzes the impact of disclaimers on law firm websites which purport to deny formation of an attorney client relationship to those who submit information through forms on law firm web sites. The Ninth Circuit permitted a plaintiff who had submitted information to a firm while disclaiming creation of any attorney-client relationship to claim privilege over it. In contrast, a recent Interim opinion from California suggests that lawyers can avoid creating a confidential relationship only by specifically denying any obligation of confidentiality in order to avoid disqualification by a prospective client using the firm’s website. The same conclusions were reached a few months earlier in Nevada Formal Ethics Opinion No. 32 (March 25, 2005). Taken together, the opinions suggest that denying confidentiality is necessary to avoid disqualification, but doing so will preclude the person who submits the information from claiming privilege over it. Professor Hricik suggests some model language that avoids these issues.
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Categories : Confidentiality, Websites, Attorney-client relationship, California, Disclaimers, Attorney-client privilege
12
Jan
2005
While an lawyer’s communication with a prospective fee-paying client in the mass disaster victims Internet chat room is not a prohibited solicitation such communication is improper as it is delivered to a prospective client whom the attorney knows may not have the requisite emotional or mental state to make a reasonable judgment about retaining counsel. See COPRAC opinion 2004-166
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Categories : California, Chat, Ethics Opinions
17
Dec
2001
A lawyer’s Internet website providing to the public information about the lawyer’s availability for professional employment is subject to advertising a “communication” under rule 1-400(A) and an “advertisement” under Business and Professions Code sections 6157 to 6158.3. As such, it is subject to the applicable prohibitions on false, misleading, and deceptive messages. Lawyers also must be aware of the possibility that the web site might be subject to regulation by other jurisdictions or that it might be considered the unauthorized practice of law in other jurisdictions. COPRAC 2001-155.
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Categories : Websites, Advertising, California
8
Nov
1998
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Categories : California, Ethics Opinions
8
Nov
1998
State Bar Act sections 6150-6156 dealing with unlawful solicitation are available online.
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Categories : California, Solicitation
8
Nov
1998
The State Bar offers the California Rules of Professional Conduct. A separate annotated version with commentary is available from the Legal Information Institute.
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Categories : California, Rules of Conduct
8
Nov
1998
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Categories : California, Bar Association
