A lawyer may transmit information relating to the representation of a client by encrypted or unencrypted e-mail sent over the Internet without violating HRPC 1.6(a). See Formal Opinion 40. This mode of transmission affords a reasonable expectation of privacy from a technological and legal standpoint. (April 26, 2001).
Communications concerning a lawyer’s services on a web site are advertising. See Formal Opinion 41. (April 26, 2001). As such, these communications are subject to HRPC 7.1 (communication cannot be false or misleading), HRPC 7.2 (advertising), HRPC 7.4 (communication of fields of practice and certification), and HRPC 7.5 (firm names and letterheads). Communications covered by the opinion include, but are not limited to: domain names; web addresses; e-mail addresses; and banners, pop-ups, and other on-site advertising.
E-mail solicitation of prospective clients is already prohibited by HRPC 7.3(f)(1).
Hawaii Disiplinary Board Opinions are available online.
The Hawaii Rules of Professional Conduct are available online.
The Hawaii State Bar Association is available online.
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