Legalethics.com

California lawyer can use unfair competition law against online legal service provider

Peterk — Thu, 25 Apr 2013 01:38:44 +0000

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).

Ninth Circuit holds that online bankruptcy advice from expert system is unauthorized practice of law

Peterk — Sun, 18 Mar 2007 17:48:48 +0000

A recent 9th Circuit case, In re Reynoso (February 27, 2007) holds that bankruptcy advice provided by an expert system “was the conduct of a non-attorney” and therefore “constituted the unauthorized practice of law.”

Thanks to Ron Friedmann for mentioning the case.

North Carolina opinion addresses ethical concerns raised by an internet-based or virtual law practice and the provision of unbundled legal services

Peterk — Fri, 04 Aug 2006 23:05:22 +0000

North Carolina 2005 Formal Ethics Opinion 10 (January 20, 2006) discusses the ethical considerations of a virtual law practice and unbundled legal serivces.

Lawyers may engage in joint venture to offer web-based online legal information system

Peterk — Sat, 10 Sep 2005 04:00:00 +0000

Oregon State Bar Legal Ethics Comm, Op. 2005-137 (August 2005) discusses whether lawyers may engage in joint venture to offer web-based online legal information system for a fee.

National lawyer associations ethically may place membership directories on Internet web sites, categorized by practice areas

Peterk — Wed, 03 Nov 2004 05:00:00 +0000

A national lawyer association ethically may place its membership directory on its Internet web site, categorized by practice areas. See Arizona Opinion 99-10 (September 1999). The association may want to: 1) list State Bar admissions for each member, to avoid unauthorized practice of law concerns; and 2) clarify that the ?practice area? designations do not necessarily mean that the lawyers are certified specialists in those fields.

Lawyers and law firms have standing to sue those who engage in the unauthorized practice of law

Peterk — 1f41 Tue, 10 Dec 2002 05:00:00 +0000

Lawyers and law firms have standing to sue those who engage in the unauthorized practice of law. See Richard F. Mallen & Associated LTd. V. Myinjuryclaim.com Corp, Ill. App. Ct. 1st Dist, Np. 1-00-2912 (April 18, 2002). The case is interesting because it involved a suit by a law firm against a now defunct web site that invited injured individuals to pay up to $500 to get information about the fairness of any settlement offer they received.

Article outlines the ethical issues associated with the use of Application Service Providers (ASPs)

Peterk — Fri, 19 Jul 2002 04:00:00 +0000

ASPs. Very Dangerous. You Go First, an article written by David Hricik and Peter Krakaur, outlines the ethical issues associated with the use of Application Service Providers (ASPs).

Ohio decision may help define whether certain online conduct by non-lawyers is tantamount to impermissible legal practice

Peterk — Fri, 19 Jul 2002 04:00:00 +0000

A decision issued in late December 2001 by the Ohio Board of Commissioners on the Unauthorized Practice of the Law (ODC v. Palmer) may help define whether certain online conduct by non-lawyers is tantamount to impermissible legal practice. This USA Today article, Unauthorized Practice of Law on the Net, discusses the case and provides some insights on how other states and authorities may view UPL claims relating to Internet activities.

New Mexico ethics opinion provides guidance regarding lawyer participation in Internet discussion forums

Peterk — Mon, 04 Mar 2002 21:43:31 +0000

New Mexico Opinion 2001-1 addresses the application of Rules of Professional Conduct to Lawyer’s Use of
Listserve-type Message Boards and Communications.

Ohio Panel Analyzes Commercial Web Sites That Link Lawyers With Prospective Clients

Peterk — Sat, 12 May 2001 04:00:00 +0000

Ohio lawyers may not participate in a commercial law-related Web site that provides them with clients if the arrangement entails prohibited payment for referrals or if the business is engaged in the unauthorized practice of law. (Ohio Supreme Court Board of Commissioners on Grievances and Discipline, Op. 2001-2 (April 6, 2001). When an attorney is contacted by a law-related commercial Web site company that offers to make available, in some manner, the attorney’s name, address, phone number, area of practice, or other information to potential clients in exchange for the attorney providing compensation to the company, the attorney must be extremely cautious. The opinion distinguishes between payments for advertising and payments for referrals.