The Supreme Court of Missouri has promulgated revised advertising rules effective January 1, 2006 that will require, among other things, that ads warn clients not to hire lawyers based on … ads!
By providing the opportunity to contact a law firm by e-mail through a website, law firms exposes themselves to certain risks. Opinion 20000179 (2000) (see also Opinion 20000103). Law firms can reduce these risks with a disclaimer, but they cannot avoid them. These risks include the establishment of an attorney-client relationship and conflicts.
It is unlikely that any form could be developed which would adequately explain the concerns associated with e-mail communication for all clients, without additional oral communication. Opinion 990007 (1999). Whether e-mail communication is appropriate may depend on the setting in which the client will send and receive e-mail as well as the nature of the particular communication.
Lawyers may be listed on a website by national association of lawyers. Opinion 980268 (1998). Any information which states or implies specialization, or a higher level of competence in a particular area, triggers the disclaimer requirement of Rule 4-7.4, unless 4-7.4(a) or (b) apply. Information regarding board certifications would trigger this disclaimer. Information regarding honors, memberships and areas of practice might trigger the disclaimer, depending on the specific content and wording.
In opinion 980026, the Missouri bar analyzed the issues raised by a proposal by unaffiliated lawyers to provide generalized legal information offer access to three attorneys who are non-affiliated, private practitioners. Although a plain and unambiguous disclaimer may be sufficient to alert someone to the actual nature of the relationship, it may not be sufficient to insulate the lawyers from being treated as a firm from an ethical standpoint. In addition to the concerns about creating the appearance of a firm, lawyers should also be aware that there are concerns about soliciting e-mail from prospective clients through a web site. If a lawyer engages in the practice of communicating with current or prospective clients by e-mail, the lawyer bears the responsibility of providing them timely advice regarding the relative security of communication by e-mail, in general, and in the particular computer setting through which they would be communicating. Lawyers also creates the potential for conflicts of interest through the receipt of substantive information by e-mail.
In informal advisory opinion 980137 (1998), the Missouri Bar revisisted its analysis in opinion 970230. Lawyers owe a duty to the client to advise of the risks of lawyers/client communications through a technology about which many clients only have a rudimentary knowledge. This advice does not have to be technical in nature. The advice must be adequate to inform the client of the nature of the risk before the client makes the decision that it is acceptable to use that method of communication.
Lawyers may not allow the office-sharing counsel to join lawyer’s computer network without blocking access to lawyer’s client files. Opinion 980030 (1998). The result would be different if that lawyer were “of counsel” to lawyer’s firm.
The Missouri Rules of Professional Conduct are available online. The Legal Information Institute offers an additional copy.
Missouri ethics opinions are available online.
The Missouri Bar Association website is available online.
Lawyers who contemplates using e-mail to communicate with a client, prospective client or a third party regarding a client´s matter, should obtain the consent of the client prior to communicating in that manner. Opinon 970230 (1997). The client’s consent should be obtained after the attorney is satisfied that the client is aware of the risks of interception of the message as it travels through the internet as well as through any network to which the computer may be connected.
Missouri does not have specific rules regulating lawyers websites. Opinion 970038 (1997). The general rules on advertising apply to any form of advertising, including Internet advertising. The Missouri rules on advertising are Rules 4-7.1 through 4-7.5 of Supreme Court Rule 4, the Rules of Professional Conduct.
Missouri lawyers may publish Interent websites as long as they comply with applicable ethical rules. Opinion 970161 (1997). Additionally, unless e-mail communications, in both directions, are secured through a quality encryption program, lawyers need to advise clients and potential clients that communication by e-mail is not necessarily secure and confidential
Lawyers may set up websites with their names, addresses, practice areas, and e-mail links. Opinion 970010 (1997). Lawyers should include on the website a cautionary statement that communication by e-mail is not necessarily secure and confidential.
(112)
(1)
(15)
(20)
(58)
(4)
(2)
(6)
(16)
(51)
(90)
(14)
(8)
(18)
(11)
(8)
(19)
(69)
(40)
(64)
(2)
(3)
(3)
(4)
(1)
(3)
(36)
(3)
(39)
(4)
(4)
(3)
(24)
(12)
(63)
(6)
(12)
(15)
(12)
(3)
(22)
(10)
(5)
(4)
(15)
(3)
(14)
(5)
(6)
(4)
(8)
(12)
(3)
(5)
(3)
(6)
(3)
(22)
(2)
(7)
(4)
(6)
(7)
(10)
(4)
(5)
(5)
(14)
(3)
(5)
(5)
(7)
(7)
(4)
(23)
(12)
(5)
(13)
(3)
(7)
(17)
(4)
(10)
(5)
(9)
(8)
(6)
(8)
(6)
(11)
(5)
(5)
(3)
(15)
(2)
(107)
(1)
(2)
