Tag: NC State Bar Journal

  • NC State Bar Journal Covers the Online Legal Professional

    Attorneys practicing law online and licensed in North Carolina may be interested in checking out the fall issue of the North Carolina State Bar Journal.  Several of the articles in the issue cover topics related to attorneys creating online presences, including avoiding ethical risks for law firm websites and using social networking, such as Facebook, Twitter and blogging. 

    As with most state bar publications covering topics related to technology, at least one of the articles comes with a stern reminder to follow the Rules of Professional Conduct and advises attorneys to consult with the ethics counsel at the State Bar before attempting to use any social networking as a marketing tool.  Wise advice.  I’ll freely admit that I took advantage of the ability to call the ethics hotline a few times both while working at a small firm and when I first went out as a solo with a virtual law practice.  The service is anonymous and a great way to get the reassurance and confidence you might need before taking any action.  There are more formal methods of getting written ethics advisory opinions, but being able to make a quick phone call for small matters, many of which may just be affirmation of good common sense, is a valuable service from the Bar. 

    With the lines between the personal and professional being so thin with many popular forms of online social networking, it’s good to know you can check with someone from the Bar who handles ethics issues on a daily basis.  It’s a “measure twice, cut once” philosophy and serves well for any professional placed in a position of trust by members of  the general public.

  • State Bars Address Virtual Law Practice

    Over the past month, I have spoken with several attorneys who want to open virtual law practices.  They are approaching their state bars to get the go-ahead before hanging the virtual shingle.  If you live in Texas, Maryland or Georgia, you may want to keep an eye out for opinions from your state bar authorities regarding virtual law practice.

    The summer issue of the NC State Bar Journal published a new proposed formal ethics opinion regarding web-based management of client records.  You can read the proposed opinion #5 on the NC State Bar website here

    The proposed ethics opinion examines two separate scenarios where the attorney’s clients are able to access confidential client records through a web-based system.  The proposed opinion expands beyond the NC Bar’s previous 2006 ethics opinion regarding virtual law offices which focused more on non-secure email communication rather than web-based VLOs. 

    This new proposed opinion concludes that “client files may be stored on a website accessible by clients via the internet provided the confidentiality of all client information on the website is protected.”  It also specifies that “[i]f the law firm will be contracting with a third party to maintain the web based management system, the law firm must ensure that the third party also employs measures which effectively minimize the risk that confidential information might be lost or disclosed.”

    I have been forwarding the NC Bar’s opinion on VLOs and this new proposed opinion to attorneys in different states who are in the process of approaching their own state bars.  If anyone would like to share the virtual law practice opinions of their state bars, I would love to post them on this blog as resources for other attorneys researching virtual law practice.

MENU