Ethics
Internet Ethics in General
For its first few decades, the Internet was a self-policing entity. Users were expected to follow special rules called, globally, Netiquette. Internet users are still expected to follow the traditional rules, but because of its massive growth and diverse user base, violations of the rules of netiquette are commonplace today, and there is no formal mechanism for enforcement. However, attorneys should be aware of, and follow these rules to the extent possible, as a courtesy to other Internet users.
Attorney use of the Internet provides many unique ethical concerns beyond those of the common user, because of the attorney's professional ethics requirements. Because the legal field is regulated by state law, it is difficult to generalize these regulations into a set of rules for Attorney Internet Ethics. Each state is taking its own approach to the subject. For a call for attorneys to get involved in the rule-making process, see Jeffrey R. Kuester, Ethical Concerns for Attorneys Using the Internet. Additional infomration can be found at Mary Frances Lapidus, Professional Responsibility and Confidentiality Considerations and her part 2.
Research Your Jurisdiction
A summary of ethics opinions of the various states related to the Internet can be found at LegalEthics.com: ethics Opinions Issues. This site includes links to the individual opinions, when available. However, many states have not yet addressed the issues related to attorney use of the Internet, and those that have have conflict with each other, and sometimes within themselves, too.
Two states with the strictest regulation of attorney Web Sites are Florida and Texas. Both states require the attorney to submit hard copies of his web site for prior approval, which effectively defeats the very flexibility that make web sites such an advantage. For additional information about the Florida requirements, see Law Practice Regulation, which contains a number of categories regulated by the state. Texas commentary can be found at State Bar of Texas & Internet Advertising
Many state bars have web sites of their own that an attorney can use as a resource for researching information about the rules and regulations of that particular state. The table below is a partial list of such sites. Additional sites can be found by calling your local bar or doing an online search in one of the Internet Search Engines.
Finally, there are a number of additional online resources available for the attorney who wishes to investigate and set up his own web site. Below is a short list of some of these resources. Others can be found by online searches.
Next, we will evaluate specific guidelines for the attorney who wishes to set up a web site.
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This page developed by Robert F. Bodi
for a Cyberlaw class at The
University of Akron - School
of Law
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The material appearing in this Web site is for information purposes only and are not legal advice. Transmission of the information is not intended to create, and receipt does not constitute, an attorney-client relationship. Internet subscribers and online readers should not act upon this information without seeking professional counsel. The information provided in this Web site is provided only as general information which may or may not reflect the most current legal developments. This Web site is not intended to be advertising and we do not wish to represent anyone desiring representation based upon viewing this Web site in a state where this Web site fails to comply with all laws and ethical rules of that state.
