Online Communication

Ethics Opinions

• CAL 2003-164: Forming an Attorney-Client Relationship on a Radio Call-In Show or Similar Forum
• CAL 2004-166: Communicating with Mass Disaster Victims via Internet Chat Room
• CAL 2005-168: Website for Visitors to Submit Legal Questions and Confidentiality
• CAL 2010-179: Confidentiality and Technology
• CAL 2012-184: Virtual Law Office
• CAL 2013-188: Confidential Information and Unsolicited Email Correspondence
• CAL 2016-196: Attorney Blogging
• LA 514: Ethical Issues Involving Lawyer and Judicial Participation in Listserv Communications (August 2005)
• LA 525: Ethical Duties of Lawyers in Connection with Adverse Comments Published by a Former Client (December 2012)
• SD 2006-1: Electronic communication technology revolution via computer networks and new opportunities for public access to legal services and for lawyers and law firms
• SD 2011-2: Has an attorney violated his ethical obligations by making an ex parte "friend" request to a represented party
• SD 2012-1: What conditions, consistent with the California Rules of Professional Conduct and the State Bar Act, must an attorney meet to represent a client in litigation when that client regularly transmits and stores information digitally, including by email?
• SF 2014-1: May an attorney respond to a negative online review by a former client alleging incompetence but not disclosing any confidential information where the former client's matter has concluded?  If so, may the attorney reveal confidential information in providing such a response?  Does the analysis change if the former client's matter has not concluded?
• ABA Ethics Opinion 11-459: Duty to Protect the Confidentiality of Email Communications with One's Client
• ABA Ethics Opinion 11-460: Duty when Lawyer Receives Copies of a Third Party's Email Communications with Counsel
• ABA Formal Opinion 477R: Securing Communication of Protect Client Information
• ABA Formal Opinion 480: Confidentiality Obligations for Lawyer Blogging and Other Public Commentary
• ABA Formal Opinion 483: Lawyers’ Obligations After an Electronic Data Breach or Cyberattack
• ABA Formal Opinion 498: Virtual Practice
• District of Columbia Ethics Opinion 256: Inadvertent Disclosure of Privileged Material to Opposing Counsel
• Florida Bar Ethics Opinion 00-4: Legal Services over the Internet
• New York City Bar Formal Opinion 2001-1: Obligations of Law Firm Receiving Unsolicited Email Communications from Prospective Client
• Ohio Board of Commissioners on Grievances and Discipline Opinion 2013-2: Direct Contact with Prospective Clients: Text Messages
• Oregon State Bar Formal Opinion 2005-164: Communicating with Represented Persons: Contact Through Web Sites and the Internet
• Pennsylvania Bar Association Committee on Legal Ethics and Professional Responsibility Opinion 2010-200: Ethical Obligations on Maintaining a Virtual Office for the Practice of Law in Pennsylvania
• State Bar of Nevada Formal Opinion No. 32: Attorney-Client Relationship Following the Advent of the Internet and Electronic Means of Communication

Articles

• Your Mobile is Not Just a Phone - It's a Handheld Mini-Computer Subject to Attack, Hinshaw & Culbertson LLP Legal Updates, October 2018
• Ethics opinion stresses lawyers' duty of confidentiality when blogging, ABA Journal, March 2018, David Hudson
• Lawyers Must Secure Client Communications From Cyber Breaches, ABA Journal, July 2017, David Hudson Jr.
• Opinion: Self-promotion in blogging runs fine line of risk, California Bar Journal, February 2015, Amy Yarbrough
• How to ethically handle confidential information received inadvertently, California Bar Journal, May 2015, Richard Egger
• Lawyers on the defensive: the ethical considerations of responding to online reviews, California Bar Journal, November 2014, Drew Dilworth
• Free Email and Attorney-Client Privilege, Texas Lawyer, October 2014
• Building Blogs and Law Firm Web Sites Ethically, Effectively, Washington Lawyer, January 2014, Walter A. Effross
• Federal Court Rules Emails Are Personal Data Under California Song-Beverly Act, Bloomberg BNA, October 2013
• Facebook - Friend or Foe? What are the Ethical Risks of Using Facebook in Your Litigation Practice, Office of Chief Disciplinary Counsel Missouri, August 2013, Nancy Ripperger
• Lawyers May Solicit Clients by Text Messages if Specific Rules on Advertising Are Followed, ABA/BNA Lawyers' Manual on Professional Conduct, April 2013, Samson Habte
• FYI: Feature Comparison - Major Blog Providers, American Bar Association Law Practice Division, July 2012
• State Bar Ethics Opinions on Internet and Technology Use, The Bottom Line, LPMT, December 2011, Andrew Tuft
• Ethics Byte: Early client education can prevent big problems later, California Bar Journal, October 2011, Diane Karpman
• Ethics Byte: Internal emails and attorney-client privilege, California Bar Journal, July 2011, Diane Karpman
• Email and Attorney-Client Privilege: Cautionary Tales for Employee and Employer, Los Angeles County Bar Association - County Bar Update, April 2011, Clare Pastore
• Advertising in the electronic age, California Bar Journal, November 2010, Wendy Patrick
• Why talk when you can text? California Bar Journal, October 2010, Wendy Patrick
• A Legal Battle: Online Attitude vs. Rules of the Bar, The New York Times, September 2009, John Schwartz
• Ethical Challenges in the Use of Electronic List Service Communications, Los Angeles County Bar Association - County Bar Update, February 2009, Lisa Claire Miller
• Ethics and Lawyer Blogs, American Bar Association Law Practice Management Section, July/August 2005, William Hornsby, Jr.
• New Regulations on Electronic Media Advertising, Ethics Hotliner, Spring 1995, Karen A. Betzner

Online Participatory MCLE Programs

• Attorneys and The Internet – Ethical Considerations for Modern Practitioners, Intellectual Property Section (1.0)
• Cybersleuthing, Predatory Friending, and the new "Face" of Leal Practice - Ethical Implications for Lawyers in Cyberspace and Social Media, Criminal Law Section (1.0)
• Ethics on the Outside: Electronic Communication and Professional Responsibility - Can They Coexist?, Committee on Professional Responsibility and Conduct (1.5)
• Hazardous Transmissions: The Ethics when Technologies "Byte", Law Practice Management & Technology Section (1.0)
• Lawyering on the Outside: Electronic Communications & Social Networking vs. Ethics & Professional Responsibility, Office of Professional Competence (1.0)
• The Cloud: Secure? Yes. Ethical? Not so FAST!, Law Practice Management & Technology Section (1.0)
• The Mobile Lawyer and Professional Responsibility: Confidentiality in the Digital Age, Law Practice Management & Technology Section (1.0)
• The No-Contact Rule: Up Close and Personal, Committee on Professional Responsibility and Conduct (1.5)
• They See You When You're Sleeping: Attorney Privacy, Confidentiality and Security, State Bar Solo Summit (1.0)