Below is the start of a list of ethics opinions proposed or published by different state bars that relate to virtual law practice. This is meant to update the full list in the appendix to my book which contains state-by-state, topical references to ethics and advisory opinion that involve different aspects of operating a virtual law office. I will make every effort to add to this resource as I become aware of new developments. For future reference, the permanent link to this post will be on the Book tab of the blog.
New Hampshire Bar Association Ethics Committee Advisory Opinion #2012-13/4, The Use of Cloud Computing in the Practice of Law, February 21, 2013
Florida, Professional Ethics Committee of the Florida State Bar Proposed Advisory Opinion 12-3 2 January 25, 2013.
Massachusetts Bar Association Ethics Opinion 12-03, regarding cloud computing, May 17, 2012.
New York State Bar Association Committee on Professional Ethics Opinion 899 “Solicitation; answering legal questions on the Internet”, December 21, 2011.
Oregon State Bar Formal Ethics Opinion No. 2011-188, “Information Relating to the Representation of a Client: Third-Party Electronic Storage of Client Materials” (December 2011).
State Bar of California draft formal ethics opinion (No. 10-0003) (November 2011) regarding virtual law offices.
Pennsylvania Bar Association’s Committee On Legal Ethics And Professional Responsibility Formal Opinion 2011-200, Ethical Obligations For Attorneys Using Cloud Computing/Software As A Service While Fulfilling The Duties Of Confidentiality And Preservation Of Client Property (November 2011).
North Carolina Bar revised version of a proposed ethics opinion entitled “Subscribing to Software as a Service While Fulfilling the Duties of Confidentiality and Preservation of Client Property”, 2011 FEO 6 (October, 2011).
South Carolina State Bar Formal Ethics Opinion 11-05 (Summer 2011), regarding lawyers’ use of “daily deal” services to offer discounts online to prospective clients.
California State Bar Ethics Op 2010-179 (December, 2010), Issue: “Does an attorney violate the duties of confidentiality and competence he or she owes to a client by using technology to transmit or store confidential client information when the technology may be susceptible to unauthorized access by third parties?”
Alabama State Bar Ethics Op 2010-01 “The Unbundling of Legal Services and “Ghostwriting””
Alabama State Bar Ethics Op 2010-02 “Retention, Storage, Ownership, Production and Destruction of Client Files”
Pennsylvania Bar Association Committee on Legal Ethics and Professional Responsibility, FEO 2010-200, “Ethical Obligations on Maintaining a Virtual Office for the Practice of Law in Pennsylvania” (only published online for members of the PA Bar).
New York State Bar Association, Opinion 842, September 10, 2010 regarding online storage providers storing confidential client information.
State Bar of California Standing Committee on Professional Responsibility and Conduct, Formal Opinion Interim No. 08-0002, regarding third party storage of confidential client information.
