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02-Oct-2015 20:44

Here is one randomly selected exchange that took place in one public chat room: Q: I am in the US on a visa waiver from UK [that] expires on 8th Sept. You will probably be required to leave the United States to obtain it. 99-9 (1999) (attorneys who answer legal questions for a fee posed by visitors to firm’s web site subject to same constraints that govern other methods of delivering legal services, including requirements of conflicts checks, competence, and confidentiality). Lawyer has little knowledge of tax law and asks Lawyer’s occasional tax clients to agree to waive the requirement of reasonable competence.

I have been told by an abusive husband not to return. If you have no interest in education you might want to apply for a nonimmigrant work visa. Legal ethics committees in several jurisdictions have turned their attention to lawyers’ participation in chat rooms providing legal information, especially as such participation may involve attorney solicitation of clients. Such a waiver is invalid, even if clients benefit to some extent from the low price and consent freely and on the basis of adequate information.

All the sites we visited emphasized that their purpose was to provide “legal information,” but not “legal advice.” Whether and how participating attorneys are permitted to follow up with Internet users with whom they engage in such communications appeared to vary. Rule 1.6, but only after “full disclosure” and “consent.” D. As we noted in Opinion 309, waivers of confidentiality may be especially problematic and thus “require particular scrutiny and may be invalid even when granted by sophisticated clients” with independent counsel. Such a limitation, however, would not be reasonable if the time allotted was not sufficient to yield advice upon which the client could rely.

One site stated that the lawyer “does NOT receive any portion of your fee, and will NOT serve as your legal counsel, during Live Chat or thereafter, so you can get a completely candid evaluation.” At other sites, however, the attorneys answering questions in chat rooms prominently provided their full contact information at the opening of the chat session and invited chat room participants to contact them directly after the chat session ended. Based upon the statements you made, it appears that you are in-status and your visa expires on September 8, 2001. Conduct 96-10 (following its prior opinion cautioning that attorneys who gave legal advice through a telephone service could easily run afoul of the conflict of interest provisions of Rules 1.7 and 1.9, to conclude that “lawyers participating in similar activity over the Internet would be subject to the same concerns”); see also Arizona State Bar Ethics Ass’n Op. Although an agreement for a limited representation does not exempt a lawyer from the duty to provide competent representation, the limitation is a factor to be considered when determining the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.

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If you know of a specific visa for which you want to apply. Instead, we noted, the “touchstone of Rule 7.1 is whether lawyers’ communications about themselves or their services are ‘false or misleading.’ 7.1(a)” Opinion 302 (2000). Rule 6.1 was intended to carry forward long-standing ethical principles in the Code, especially Canon 2).

Essentially the same prescriptions as those we outlined in Opinion 302 apply to attorney communications in chat rooms or similar services, including that the communications must be accurate, lawyers may not imply that they are disinterested in particular matters when they are not, lawyers must disclose any fees they pay in order to participate, and such fees may not be linked to or contingent on the amount of legal fees the lawyer may obtain from clients obtained through online services. On the other hand, the ethical impetus that motivates lawyers to help the public become aware of legal problems cannot insulate lawyers from the consequences arising from formation of an attorney-client relationship as the result of providing legal advice. This is especially true for Internet communications, where giving legal advice might create an attorney-client relationship and thus subject an attorney to malpractice liability in a far distant jurisdiction. 1998-2 (1998) (emphasizing need for caution given Internet’s multi-jurisdictional reach). This conclusion is consistent with that of another state bar ethics committee that has considered the issue.



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