The ABA Standing Committee on Ethics and Prof. Responsibility has published a new ethics opinion, Formal Opinion 11-459 “Duty to Protect the Confidentiality  of E-mail Communications with One’s Client”. I didn’t see this one coming, but I think it’s a move in the right direction. The situation described in the opinion relates to when an attorney has [...]

The ABA Commission on Ethics 20/20 has published for comment its draft proposals on Lawyer’s Use of Technology and Client Development.   Proposed changes relate to Model Rules 1.18 (duty to prospective clients), 7.2 (advertising) and 7.3 (direct contact with prospective clients). Overall, the Commission concludes that no new restrictions need to be added to a [...]

Last week during a guest lecture on virtual law practice at the University of Dayton School of Law, the subject of protecting client property and confidentiality of client data in electronic communications came up again.   My prediction (perhaps overly optimistic) is that in the next few years the state bars will recognize that unencrypted email communication between attorney [...]

Over the past year I’ve spoken with attorneys who have been laid off from Biglaw firms and are seeking new positions or attorneys who have just passed the bar and are having trouble finding a position to launch their legal careers.  Both groups of individuals are working hard to establish or reinvent themselves within the [...]

Last week I gave a brief presentation for the Legal Services National Technology Assistance Project (LSNTAP) about developing policies for online social networking. While researching for the presentation and round table discussion, it occurred to me that having a policy in place for social networking is a wise idea for a virtual law practice. Considering [...]

Over the past month, I’ve heard from several attorneys who will be opening their own web-based virtual law practices.  The following states are on board now: SC, IL, VA, AK, GA, TX, MD, TN and KY.  Some attorneys are still in the process of speaking with their state bars about providing unbundled legal services.  One [...]

While each state’s bar has different rules governing their attorneys, I suspect that many of the rules of professional conduct and ethics opinions are similar. The NC State Bar was one of the first to address virtual law practice. On January 20, 2006, the NC State Bar adopted the 2005 Formal Ethics Opinion 10 (Ethics [...]

Practicing online I often receive this question as an ethics challenge to my virtual practice: How can you be sure that the person you are communicating with online is really person you are drafting the documents for? Because I handle estate planning, attorneys who operate more traditional practices express specific concern about the power of [...]

The following is a post I wrote for MsJD about how a virtual law practice could be used as a way to provide attorneys with more flexible work/life balance. The essay was in response to an essay contest hosted by The Project for Attorney Retention and MsJD. A small part of the work/life balance reform [...]

I have been enjoying the personal contact with clients that I think only can really happen in a small law practice. My clients don’t have to wade through the secretary and paralegals to communicate with me. I’m available 24/7 through the website and I check it at all hours of the day and night which [...]