I recently happened upon an interesting ethics opinion discussing disqualification under the Rules of Professional Responsibility. The opinion was issued to address frequently asked questions about how an attorney-client relationship is formed, especially today in the Internet and email age. Since many of us depend upon the Internet and electronic communication to build our caseload, how can we avoid being "conflicted out" if we've had some contact with a prospective client who chooses another lawyer? A better question is: How can we avoid a cheap DQ by someone who is trying to conflict us out? Another serious concern is to prevent any potential liability arising because a lay person uses a lawyer's web site instead of hiring a lawyer and then blames that lawyer when something goes wrong.
Perhaps 90% of my referrals come from my web site. Thus, this opinion prompted me to reflect upon how I should modify my Blog and my web site to address conflict of interest claims and claims of liability.
The questions asked of the State Bar of Nevada are these:
- Can an attorney-client relationship be created as the result of a unilateral act of the prospective client; for example, by the sending of an unsolicited letter containing confidential information to the attorney?
- Does the analysis change if the letter containing confidential information is sent in response to an advertisement, or is transmitted by e-mail to the attorney's web site?
- If there is no attorney-client relationship, what is the attorney's obligation (if any) with respect to confidential information sent by someone requesting legal services?
The State Bar of Nevada Ethics Opinion may be read here.
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