Lawyers must consider confidentiality and other ethical issues associated with inquiries they receive through a website. Informal opinion 2080 (2006).
Washington opinion 2106 (2006) addresses several ethical concerns raised by a lawyer’s propsed participation in an online for-profit referral service.
An interesting exchange between the Washington State Bar and the SEC regarding the interplay between Sarbanes-Oxley Section 307 and the Washington Rules of Professional Conduce 1.6. The State’s Special Committee for the Evaluation of the Rules of Professional Conduct (”Ethics 2003 Committee”) letter is available online as is the SEC’s July 23rd response.
A Washington lawyer is not prohibited from entering into an agreement, such as that required by the for profit Internet entity that operates a Web site providing users of the site access to lawyers who are willing to provide legal services for fixed fees or lower hourly rates. Informal opinion 1947 (2001) Such an agreement does not entail fee sharing with a nonlawyer, and/or indirect payment of a referral fee to a for profit referral service.
Washington lawyers may use out-of-state Internet lawyer referral services that operate in a similar fashion to Martindale-Hubbell legal directory. Informal opinion 1955 (2001) Lawyers are responsible for ensuring that all communications made in a Web based directory concerning the lawyer and the lawyer’s services are truthful and are otherwise in compliance with the Rules of Profesional Conduct.
A proposed lawyer web site that allows clients to have estate planning documents produced via the Internet appears to comply with confidentiality provisions of Washington rule 1.6. Informal opinion 1916 (2000).
Proposal by a Washington lawyer participate as owners in a company, in which other owners are presumably not lawyers, to market the firm’s legal services through a Web site raises fee sharing and otehr ethical concerns. Informal opinion 1930 (2000).
Proposal to open National Internet Law Office does not comply with Washington state advertising rules relating to trade names and raises conflicts, fee splitting, and confidentiality concerns. Informal opinion 1831 (1998).
Washington State Rules of Professional Conduct are available online. The Legal Information Institue offers another copy.
Washington State informal ethics opinions and formal ethics opinions are available online.
The Washington State Bar Association website is available online.
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