identification (all above optional – if you need them) Topic Memo to Supervising Attorney regarding the ethicaland security considerations required in the setup and maintenance of a website for a legal firm. Title A Law Firm Website: Ethical and Security Considerations To: Supervising Attorney From: Pat Paralegal Re: Security Protocols in the Law Office Date: June 20, 2011 MEMO In response to your instruction, the following pertains: 1. According to Rule 7.2 (c) of the Bar Association, that relates to advertising in any medium: “Any communication … shall include the name and offices address of at least one lawyer or law firm responsible for its content.
” It will hence be necessary to indicate on the website the State in which the office is active. 2. It is permissible to list a legal specialization on the web page, as confirmed by Rule 7.4 (a), and particularly so if a specialization has been certified by an “appropriate state authority” or by an organization accredited by the American Bar Association (see: Rule 7.4 (d) (1) and (d) (2). Thus, “certified personal injury litigator” could form part of the biographical information on the site.
It is, however, required that the name of the certifying organization be clearly identified. 3. As long as an advertisement – the website will constitute a publication similar to advertising – truthfully represents achievements and does not lead to an “unjustified expectation” (Rule 7.1 (3)) in new clients that they will be guaranteed a similar outcome as that achieved earlier by the lawyer, it is allowed to refer to past cases and clients. A suggestion, though, is to ensure that unreal expectations are not created by including an “appropriate disclaimer” (Rule 7.1 (3)) in the text of the website. 4. It appears initially, in Rule 7.2 (b) that a person may not be paid for a recommendation, as that proposed by Susan Tuner.
However, 7.2 (b) prescribes that should the payment to Susan Turner, in this case, be “reasonable costs of advertisements or communications”, some compensation to Ms Turner is possible. It is clearly stated that names of references and names of clients may be used in advertising, if the references and clients have given their consent. 5. It is not advisable that a direct “chat” facility be included in the functioning of the website. Rule 7.3 (a) prohibits the solicitation of clients through any direct communication not initiated by the prospective client.
The motivation for this rule is an argument that such direct communication can be disputed and may, because of its informal nature, be false and misleading representation – broadly defined in the preamble to Rule 7.1 “… a material misrepresentation of fact or law, or omits a fact .”Rather than expose the firm to the risk of oversights, or errors in “live” conversations with unidentified members of the public, the recommendation is that the “live chat” facility be avoided. I trust this overview meets with your requirements.
Regards Pat Paralegal References Information about Legal Services (2011) available from the American Bar Association Website at: http://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct.html Accessed June 18, 2011 Metadata (2011) available from the American Bar Association Website: Legal Technology Resources at: http://www.americanbar.org/groups/departments_offices/legal_technology_resources/resources/charts_fyis/websitefyi.html Accessed June 18, 2011
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