Ethical Risks of Online Communications by Law Firms
Websites, Blogs and Online Networking: Staying on the Right Side of the Ethics Line
CD/DVD of a 90-minute CLE teleconference with Q&A
Conducted on Wednesday, March 12, 2008
Now available on CD/DVD
Description
Websites, the Internet and email have emerged as preferred communication and marketing tools for attorneys and law firms, and blogs are a popular way for attorneys to exchange ideas. Online networking is becoming increasingly popular among attorneys seeking new business.
However, attorneys who use online communications with clients and potential clients face serious ethical risks. There are few guidelines for attorneys by the courts and state bar associations.
How are the courts and state bar ethics committees approaching the ethical concerns triggered by websites, blogs and social networking sites? Do traditional rules regarding lawyer advertising apply? Do law blogs qualify as political speech? If so, can states still regulate them as commercial speech?
Listen as our panel of attorneys, who are well versed in attorney ethics, discusses how various courts and state bar associations are dealing with attorney websites, blogs and social networking sites, and the regulatory future and ethical guidelines for client and prospective client communications via websites and blogs.
Outline
- Law firm websites and social networking sites as an advertising source
- What ethical rules apply to attorneys’ use of websites and social networks as away to obtain clients?
- How can attorneys and law firms implement those rules?
- What is the impact of the Internet’s ability to reach prospective clients outside of an attorney’s jurisdiction? Does this change the application/implementation of the rules concerning web-based advertising?
- How can attorneys/firms deal with the uncertainty and risk of the choice-of-law rule?
- Law blogs
- What are the benefits and legal pitfalls for law blogging?
- What ethics rules impact blogging?
- If not considered advertising, can law blogs be regulated as commercial speech?
- Ethical issues regarding attorney-client email communications
- What are the ethical rules affecting e-mail communications with clients and prospective clients?
- Is an attorney-client privilege created upon the opening of an email from a prospective client?
- How can attorneys protect clients’ privacy rights and attorney-client privilege while utilizing online communication?
- Is encryption necessary? If so, how can it be accomplished?
Benefits
The panel reviewed these and other key questions:
- What are some of the key ethical concerns for attorneys who use websites, blogs and social networking sites to communicate with clients and prospective clients?
- How are the courts and state bar associations currently handling charges of ethics violations involving attorney use of the Internet and email?
- How can attorneys protect their clients’ privacy rights and attorney–client privilege in online communications?
Faculty
John Steele,
Ethics and Conflicts Director and Special Counsel
Fish & Richardson, Silicon Valley, Calif.
He is responsible for conflicts of interest and ethics particular to IP law practice. He is a lecturer in legal ethics at Boalt Hall School of Law at the University of California–Berkeley.
Brett Trout,
Member
Law Offices Of Brett J. Trout, Des Moines, Iowa
He represents clients in IP and information technology issues. He is the former President of the Iowa Intellectual Property Association and author of the book, Internet Laws Affecting Your Company.
Diane Karpman,
Partner
Karpman & Associates, Los Angeles
She defends lawyers in attorney discipline and regulatory proceedings before the state bar and in court. She is frequently retained as an expert witness in legal malpractice actions.
Ordering
Teleconference on CD
Purchase a CD of the full event proceedings, including Q&A and PDF files of all handouts (available 10 days after the seminar).
For CLE only, this program is pre-approved for self-study credit in AK, AZ, CA, MO, MT, VT, WV.
Self-study CLE credits are also available in CT*, CO, GA, ID, KY, LA, ME, NV, ND, NY*, OR, TX, UT, WA, WI, WY.
Please call us if you will be self-reporting in one of these states. *For CT and NY, Strafford needs to process the CLE — see below to purchase this option
Self-study CPE is not offered on CD purchases.
CD $297.00 plus $9.45 S&H
CLE Processing on CD/DVD (NY and CT Only)
CLE processing for listening to the CD/DVD is available for an additional $65 per person per state in NY and CT.
CLE on CD Processing $65.00
CLE Credit
Strafford seminars qualify for CLE credits in every state that accredits teleconferences. They offer you a high quality, cost effective, and convenient CLE option, with no lost travel time or expenses.
Customer Reviews
Very informative — one of the best run programs in a plethora of on-line offerings.
Jeff Michelman
Stinson Morrison Hecker
The panelists covered the topic well and in depth.
Andrea Mealey
Edwards Angell Palmer & Dodge
Content was superb.
Patrick Webb
Webb & Carey
Very well-organized.
Kerin Coughlin
Constantine Cannon
The program provided good legal references, good bullet points and good scope.
Tim Thomas
Kolesar & Leatham
Litigation & ADR Advisory Board
Partner
K&L Gates
Counsel
O’Melveny & Myers
Partner
Baker & Hostetler
Partner
Mayer Brown
Partner
Winston & Strawn
Partner
Akin Gump Strauss Hauer & Feld
Of Counsel
Morgan Lewis & Bockius