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Internet Legal Ethics and Client Privacy
Internet professional responsibility and client privacy difficulties are intimately associated with the services offered by lawyers. Electronic attorney services result in data gathering, information exchange, document transfers, enhanced communications and novel opportunities for marketing and promotion. These services, in turn, provide an array of complicated ethical issues that can present pitfalls for the uninitiated and unwary.
Since the Internet interpenetrates every aspect of the law, Internet activity can result in a grievance filed against attorneys for professional and ethical misconduct when such use results in: communication failure, conflicts of interest, misrepresentation, fraud, dishonesty, missed deadlines or court appearances, advertising violations, improper billing and funds misuse. While specific Internet privacy violation rules and regulations are rarely applied to attorney transactions, attorneys are regularly implicated in unfair and deceptive trade practices and industry specific violations which are often interspersed with privacy violation facts.
Attorneys have a professional-responsibility duty to use the Internet, and it is that professional responsibility which results in difficulties for doing so. More specifically, the Model Rules of Professional Conduct Rule 1.1 (competence) paragraph 8 (maintenance) has been interpreted to require the use of the Internet, and Rules 7.1 – 7.5 (communications, advertising and soliciting) specifically charge attorneys with malfeasance for using the Internet improperly.
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