Websites present significant advertising opportunities, but also give rise to a myriad of ethical concerns. An initial concern arises with respect to which rules of professional conduct govern web site content. Rule 4-7.6 deems lawyer or law firm web sites accessed through the Internet to be information provided upon request governed by Rule 4-7.9. Unlike many advertising mediums, such web sites are exempt from the filing and review requirements of 4-7.7 due to this determination. Rule 4-7.6(b) requires that such web sites contain a listing of all jurisdictions in which the lawyer or members of the law firm are licensed to practice law and disclose one or more bona fide office locations of the lawyer or law firm. In addition, web site content is governed by Rule 4-7.2 designed to prevent the dissemination of false, misleading, deceptive or unfair communications regarding a lawyer’s services.
Concerns with respect to allegations of the unauthorized practice of law arise due to the multi-jurisdictional nature of the Internet, through which prospective clients outside of an attorney’s jurisdiction of practice may view websites. This issue is addressed somewhat by the requirement that the website specify jurisdictions where attorneys are licensed to practice law as well as certain office locations. Additional issues revolve around inclusion of attorney e-mail addresses on the web site, as disclosures received from prospective clients adverse to existing clients could potentially present conflicts of interest and cause disqualification of the attorney or law firm from their representation and that of certain future clients.
Additional concerns include inadvertent acceptance of referrals from online unregistered referral services, failure to maintain currency of legal information contained on the website and security and attorney-client privilege attached to online communications. This last concern has been allayed somewhat by ABA Formal Opinion 99-413 which states that use of e-mail affords a reasonable expectation of privacy commensurate with that provided by U.S. mail, land-line telephones and facsimile transmission and therefore does not result in a waiver of the attorney-client privilege. However, the ABA continues to advise that attorneys consult with clients prior to sending significant, highly sensitive information relating to a client’s representation via e-mail. Many of these concerns are addressed in disclaimers, examples of which can be found on most law firm websites.