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Instead, under our Rules we think it best to regard chat room communications as having some qualities that are similar to in-person communications and some that are different. Lawyers communicating about their services in chat rooms therefore must take care not to run afoul of D. Rule 7.1(b)(2), which prohibits solicitations that involve the “use of undue influence,” and D. Rule 7.1(b)(3), which prohibits lawyers from seeking employment by a potential client whose “physical or mental condition” makes rational judgment “about the selection of an attorney unlikely." On the other hand, attorney communications with potential clients in chat rooms are probably less potentially coercive than face-to-face communications. Rules of Professional Conduct do not contain a provision equivalent to EC 2-2, there is every reason to believe, consistent with the traditions of the profession, that these ethical duties to contribute to making legal information available to the public continue to hold strong here. Because the issue under discussion turns on that question, a review of the basic principles concerning the formation of attorney-client relationships is in order here. 1982) (attorney-client relationship formed where attorney failed to indicate lack of consent to accept court-appointed client after receiving notification of appointment by mail). 1980) (attorney-client relationship created where attorney stated that he did not think a prospective client had a cause of action but would discuss it with his partner, did not call client back, and client relied on attorney’s assessment and did not continue to seek legal representation). 17 (1994) (attorney cannot avoid malpractice liability in rendering legal advice to client or prospective client through “900-number” service by disclaiming attorney-client relationship). The potentially greater immediacy of “real time” communications in chat rooms, as opposed to other forms of written communications, may give rise to concerns similar to those about “in person solicitation in circumstances or through means that are not conducive to intelligent, rational decisions,” D. As one state bar ethics committee observed, a potential client solicited through a cyberspace communication, even in real time, has the option of simply “not responding." We reiterate, furthermore, as we emphasized in Opinion 302, that one of the most distinctive characteristics of cyberspace communications—their reach far beyond the bounds of any particular jurisdiction—raises significant issues for practitioners about the applicability of the laws of multiple jurisdictions. We caution, however, that even the use of a disclaimer may not prevent the formation of attorney-client relationships if the parties’ subsequent conduct is inconsistent with the disclaimer. Most courts agree, for example, that neither a retainer nor a formal agreement is required to establish an attorney-client relationship. In , the court looked to (1) whether the putative client had sought advice from the lawyer, (2) whether the advice sought was within the lawyer’s field of competence, and (3) whether the lawyer, either directly or implicitly, agreed to give the requested advice. In light of these general principles, lawyers seeking to avoid formation of attorney-client relationships through chat room conversations would be well advised to avoid providing legal advice in such communications.. But lawyers should advise information seekers to obtain legal counsel to determine what law would be applicable to their unique circumstances. 1998-2 (1998) (use of a “disclaimer may not necessarily serve to shield Law Firm from a claim that an attorney-client relationship was in fact established by reason of specific on-line communications”); Utah State Bar Ethics Op. Likewise, lawyers participating in chat room exchanges could explain the approaches to certain legal problems lawyers typically consider, but should not purport to advise inquirers as to what to do in their specific situations. 97-04 (1997) (communications with potential clients in chat rooms should not be deemed a prohibited in-person contact because there is not the same degree of “confrontation and immediacy”). 96-12 (1997) (“if legal advice is sought from an attorney, if the advice sought is pertinent to the attorney’s profession, and if the attorney gives the advice for which fees will be charged, an attorney-client relationship is created that cannot be disclaimed by the attorney giving the advice.”) (footnote and citations omitted). “Conference on the Delivery of Legal Services to Low-Income Persons: Professional and Ethical Issues,” 67 Fordham L. 1751 (1999); “Symposium: Lawyering for the Middle Class,” 70 Fordham L. 623 (2001) (discussing need for innovation in legal services delivery mechanisms for both low and middle income clients). We do not dispute this observation or the spirit of concern and experimentation with which it is made.

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Advocates of the provision of low-cost legal advice through on-line chat rooms and similar innovative services make the important point that these services offer great potential for providing low-cost legal services to low and moderate income persons. The lawyer in that case might have been better advised to respond to the inquirer’s query along the following lines: Generally, persons who are in the U. They might try to apply for a non-immigrant visa, such as a student visa, but they would probably be required to leave the United States to obtain such a visa. Such wording makes it more clear that the lawyer is not purporting to give legal advice than did the repeated “you should…” statements contained in the attorney’s response quoted earlier in this opinion. Comment [5] continues, “the client may not be asked to agree to representations so limited in scope as to violate Rule 1.1.” In other words, while it is permissible for an attorney and client to agree to a representation that is limited in scope (such as in being of short duration or for the purpose of giving legal advice on one discrete legal problem), it is not permissible to further limit the scope of such a representation to avoid the application of rules requiring competence and the like. RI-276 (solicitation of clients through “‘real time communications’” in Internet chat rooms violates state’s restrictions on in-person and telephone solicitation). Another possibility some persons in this situation explore is to apply for a non-immigrant work visa. The last question we address concerns the consequences under the D. Rules of Professional Conduct of formation of an attorney-client relationship through an attorney’s participation in a chat room or similar Internet legal information service. Rule 1.2(c) permits a lawyer to limit “the objectives of the representation if the client consents after consultation,” this rule further provides that any such agreement concerning the scope of representation “must accord with the Rules of Professional Conduct and other law.” D. Nor may the lawyer restrict his or her obligations with respect to such matters as conflicts or confidentiality. The attorney must also safeguard the secrets and confidences of that client under Rule 1.6. Applicable Rules We write here to consider an issue left unaddressed by these earlier opinions—namely, the permissibility of lawyers’ participation in on-line “chat rooms," “list servs,” and similar arrangements through which lawyers engage in interactive communications, in “real time” or nearly real time, with Internet users seeking legal information.Many provided a multitude of law-related services, including not only live attorney chat rooms, but also attorney directories, treatises and legal reports, and links to other law-related information sources. Participating in this chat room does not establish an attorney client relationship—for personal legal advice consult your attorney. The best way of avoiding conflict problems, of course, would be to refrain from creation of an attorney-client relationship in the first place.




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