1. Legal Ethics Online
Jeffrey Franklin and David Rakowski

2. Current and Upcoming Online Privacy
Laws and Their Effect on Legal Practice
• White House-”Privacy Bill of Rights”:
http://www.whitehouse.gov/sites/default/files/privacy-final.pdf
• Existing privacy laws impacting legal practice:
– Gramm-Leach-Bliley Act (1999)
– HIPAA
– COPPA
– The Stored Communications Act

3. ABA Ethics Guidelines for
Attorney Use of the Internet
• ABA Model Rules 1.1 (“competence”), 1.4
(“communications”), and 1.6 (“confidentiality”)
• ABA Model Rules 5.1 (“Responsibilities of a
Partner or Supervisory Lawyer”) and 5.3
(“Responsibilities Regarding Nonlawyer
Assistant”)
http://www.americanbar.org/publications/law_practice_today_home/law_practice_to
day_archive/march12/cyber-security-for-attorneys-understanding-the-ethical-
obligations.html

4. ABA Commission on Ethics 20/20
“Should the ABA add some kind of technology proficiency to the Rules of
Professional Conduct?”
http://www.americanbar.org/groups/professional_responsibility/aba_comm
ission_on_ethics_20_20.html
http://www.pinhawkblog.com/ethics-lawyer-tech-skills/

5. Using the Metadata Opposing Side Accidentally
Shared Through Electronic Communication
• What is “metadata”---data about data (i.e.,
author, date created, software used,
comments, and changes)
http://www.americanbar.org/groups/departments_offices/legal_techn
ology_resources/resources/charts_fyis/metadatachart.html

6. Pitfalls of Interactive Websites: When Does the
Attorney-Client Relationship Begin?
“A lawyer-client relationship can arise when a potential client
manifests to a lawyer his/her intent that the lawyer provide
legal services to the potential client and either 1) the lawyer
agrees or 2) the lawyer fails to manifest lack of consent to do
so and the lawyer reasonably should know that the potential
client is reasonably relying on the lawyer to provide the
services. Restatement (Third) of Law Governing Lawyers Sec.
14 (2000).”
http://apps.americanbar.org/litigation/litigationnews/top_sto
ries/082411-ethics-technology-marketing-model-rules.html

7. What can Attorneys Say in Blogs and
on the Forums?
Issues to consider:
• Content
• Confidentiality
• Pretrial Publicity
• Improvement of the Legal System
• Advertising
• Unauthorized Practice of Law

8. Separating Personal and Professional
Identity Online
Is it possible to keep our personal and
professional identities separate?