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Re: that last paragraph aimed at anybody in particular?


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Posted by Why Chat (209.240.222.130) on August 23, 2002 at 20:50:12:

In Reply to: that last paragraph aimed at anybody in particular? posted by poor lawyer on August 23, 2002 at 20:37:30:


HEAVEN FORBID!!!-
However, you MIGHT be interested in this article;
Moreover, lawyers should be careful that they do not dispense legal advice on their Web sites or on message boards, in chat rooms at the firm's Web site or otherwise, or via email to non-clients or through any other interactive tool, such as instant messaging. Attorneys must make it clear that they are only providing information about the law. As Savitt points out, it is possible that an opposing attorney or a party adverse to the interests of a client of the firm may be submitting a query.

At the least, responding with legal advice in such an instance might be embarrassing, and at the most it could lead to a malpractice suit.

Suppose a lawyer receives a message setting forth a certain fact pattern involving a debtor/creditor issue and requesting legal advice. Savitt suggests that the lawyer could respond by saying, "In general, when someone repossesses a car, a person has the following remedy?" and conclude with "?and contact your local lawyer."

In addition, lawyers should be vigilant when they post on message boards or in chat rooms so that they do not disclose confidential information about a client or reveal the client's identity. Doing so can severely jeopardize the client relationship.

It should not be surprising that numerous Web sites have sprung up to help lawyers resolve ethical issues arising from the Web and elsewhere. Some of the best of them are free and contain links to documents, reports, white papers, court decisions, articles and the like. When in doubt, research on these sites is certainly a recommended course of action.

Questions About Web Ethics?
Among the excellent Web sites that should help lawyers resolve ethics issues stemming from Web sites and other technological advancements are:     

Cornell Law School at www.law.cornell.edu

National Organization of Bar Counsel at www.nobc.org

Association of Professional Responsibility Lawyers at www.aprl.net

American Bar Association's Commission on Responsibility in Client Development at www.abanet.org/legalservices/advertising.html

LawMarketing Portal at http://www.lfmi.com


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