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Announcements:
o (1/19/00) Catherine Lanctot, professor of law at Villanova University Law School, recently published Attorney-Client Relationships in Cyberspace: The Peril and the Promise, 49 Duke L.J. 147 (1999), analyzing the nature and scope of online legal advice. It is available online.
o (1/12/00) State Bar of California's Committee on Professional Responsibility and Conduct released proposed formal ethics opinion on attorney web sites (proposed formal opinion interim no. 96-0014). The comment period expires at 5 p.m., Wednesday, March 22, 2000. Contact information and the text of the opinion are available on the Bar's Web Site. Not surprisingly, the opinion states that Web Sites are "advertisements" within the meaning of the rules but are not automatically deemed "solicitations" by virtue of the inclusion of e-mail contact capabilities. The digest of the proposed formal opinion states that an attorney's internet web site, which contains information for the public regarding her availability for professional employment, is a "communication" under rule 1-400(A) of the California Rules of Professional Conduct and an "advertisement" under Business and Professions Code sections 6157-6158. As such, it is subject to the applicable prohibitions on false, misleading, and deceptive messages. All words sounds and images that make up the presentation on the web site must conform to the requirements of the rules. Under the facts presented, the web site is not a "solicitation" under rule 1-400(B) even if it includes e-mail facilities allowing direct communication to and from the attorney. The attorney also must be aware that her web site may be subject to regulation by other jurisdictions or that it might be considered the unauthorized practice of law in other jurisdictions.
o (12/28/99) The Florida Supreme Court made substantial revisions to that state's rules governing lawyer advertising. The new rules, effective immediately, are outlined in an Opinion released December 17, 1999, No. 92,297 (pdf). The new rules retain the disclaimer and filing requirements, as well as a variety of specific restrictions such as the prohibition of testimonials.
o (11/8/99) We offer reprints of two recent presentations by Peter Krakaur at the Glasser LegalWorks seminars in New York and Los Angeles: "Secure Surfing -- How to Cover Your Digital Tracks" and "Internet Use and E-mail Policies Learn How to Manage Your Internet Risk".
o (9/8/99) Added links to the searchable Missouri Informal Advisory Opinions.
o (8/24/99) Arizona released opinion 99-06 [pdf] in June 1999, which states that Arizona lawyers may not ethically participate in an Internet service that sends legal questions from individuals to attorneys based upon the subject matter of the question. The opinion also notes that lawyers can not pay a fee for such referrals or give the service a portion of the legal fees earned from the referral.
o (7/19/99) Tennessee released formal ethics opinion 99-F-144 on June 14, 1999, noting that lawyers listing areas of practice on the Internet, including listings on law directories, should comply with certification of specialization requirements under applicable state rule 2-101(C).
o (7/15/99) The Report of the Commission on Multidisciplinary Practice to the ABA House of Delegates is available on line at http://www.abanet.org/cpr/mdpfinalreport.html.
o (7/12/99) The North Carolina State Bar disciplined an attorney for posting "misleading" information on his law firm web site (Action #99 DHC-3). More details about the disciplinary action and censure decision are available in the article Internet Advertising Now 'On the Radar Screen' of State Bars, by Michael Bowden published in the In Practice Section of Lawyers Weekly USA on July 12, 1999 (1999 LWUSA 643-44).
o (6/15/99) The Ethics 2000 Commission is now circulating for public comment drafts of several of the Model Rules of Professional Conduct.
o (5/20/99) Missouri released opinion 990007 dealing with the scope of a client consent form relating to the use of e-mail between the lawyer and client. The opinion notes that it would be difficult to create a comprehensive form to cover all concerns raised by e-mail. Lawyers are encouraged to discuss with their clients the risks associated with e-mail communication and storage.
o (5/6/99) The ABA Standing Committee on Ethics and Professional Responsibility published the full text of ABA 99-413 which states that there is a reasonable expectation of privacy in e-mail. Although the opinion states that there is no automatic duty to encrypt Internet e-mail, lawyers should still consider the dangers associated with the transmission of client confidences via any medium and reach an understanding with their clients regarding appropriate means to transmit sensitive client information.
o (4/17/99) The ABA Standing Committee on Ethics and Professional Responsibility formal opinion was renamed to ABA Formal Opinion 99-413 (previously designated #1999-01).
o (4/15/99) The ABA Standing Committee on Ethics and Professional Responsibility approved formal opinion (#1999-01) addressing the need to protect the confidentiality of unencrypted e-mail (March 10, 1999). The essence of the opinion is that a lawyer may transmit information relating to the representation of a client by unencrypted e-mail sent over the Internet without violating the Model Rules of Professional Conduct. The rationale supporting this is that the mode of transmission affords a reasonable expectation of privacy from both a technological and legal standpoint. The opinion noted that the same privacy accorded U.S. and commercial mail, land-line telephonic transmissions and facsimiles also applies to Internet e-mail. In addition, like other ethics opinions issued on the subject to date, the opinion states that a lawyer should consult with the client and follow the client's instructions as to the mode of transmitting highly sensitive information relating to the client's representation.
o (3/10/99) The Association of the Bar of the City of New York Committee on Professional and Judicial Ethics released opinion 1998-2 on December 21, 1998. The opinion deals with Web Site advertising, referral services, and encryption. For further information, check out the opinions listing.
o (3/9/99) LegalEthics.com voted as a top research site for legal professionals in 1999 by Law Office Computing Magazine. Check the April/May for the entire list of winners. We have picked up a number of awards over the years and thank everyone for the continued interest and support.
o (2/16/99) Arizona now offers ethics opinions on line.
o (2/1/99) South Dakota now offers ethics opinions on line. South Dakota also issued Opinion #98-10 (1/12/99) finding that a South Dakota lawyer may not participate in an Internet Referral Service taking an advertising fee and a share of legal fees to refer cases to a South Dakota lawyer but providing no legal services.
o (1/16/99) Added a reference in the opinions list to Connecticut Informal Opinion (#97 - 29) dealing with the applicability of advertising solicitation rules to Connecticut and out-of-state lawyer web sites.
o (1/15/99) Added a reference in the opinions list to Tennessee Advisory Opinion (#98-A-650(a)) dealing with the question of encryption and e-mail. This opinion amends opinion 98-A-750 to permit the use of e-mail via the Internet to transmit client confidences and secrets.
o (1/4/99) Added a link in the opinions list to DC Bar's Legal Ethics Committee Opinion (No. 281) entitled "Transmission of Confidential Information by Electronic Mail."
o (12/6/98) We publish an article Professional Legal Organizations on the Internet: Websites and Ethics by Drew L. Kershen, Earl Sneed Centennial Professor of Law, University of Oklahoma, analyzing the ethical issues that professional legal organizations, in contrast to individual lawyers or law firms, must consider when they create a website.
o (11/22/98) Added a copy of Pennsylvania Inquiry 98-85 which deals with jurisdictional issues associated with lawyer web site publishing.
o (11/01/98) The ABA Center for Professional Responsibility now offers headnote summaries of recent ABA ethics opinions.
o (10/23/98) Added New York 709 to the opinions list. Opinion 709 addressed the questions whether an attorney may operate and advertise a trademark practice over the Internet. The opinions addressed a number of ethical issues as noted in the summary in the opinions list. Following the vast majority of other opinions addressing the associated confidentiality issue, the NYSBA Committee on Professional Ethics stated, "In considering the ethical issue, we believe that the criminalization of unauthorized interception of e-mail certainly enhances the reasonableness of an expectation that e-mails will be as private as other forms of telecommunication. That prohibition, together with the developing experience from the increasingly widespread use of Internet e-mail, persuades us that concerns over lack of privacy in the use of Internet e-mail are not currently well founded."
o We now receive approximately 45,000 page visits every month between LegalEthics.com and The Practicing Attorney's Home Page. We have well over 1,000,000 visits since 1995. Thank you for your continued interest. Thank you for your continued interest. For more information about Internet Legal Services, please check out our brochure.
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