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ABA Model Code EC 2-2 provided that the “legal profession should assist lay persons to recognize legal problems” and that lawyers should therefore “encourage and participate in educational and public relation programs concerning our legal system,” and states whose ethics rules are based on the Model Code continue to have such provisions in their ethics codes. Talks and writing by lawyers for non-lawyers should caution them not to attempt to solve individual problems upon the basis of the information contained therein. Consistent with that analysis, lawyers wishing to avoid formation of attorney-client relationships through chat room or similar Internet communications should limit themselves to providing legal information, and should not seek to elicit or respond to the specifics of particular individuals’ situations. Rogers, “Cyberlawyers Must Chart Uncertain Course in World of Online Advice,” 16 ABA/BNA Lawyers’ Manual on Professional Conduct Special Report 96 (2000) (quoting other legal commentators’ similar conclusions that broad disclaimers may not prevent the formation of attorney-client relationships through cyberspace communications).

Lawyers could, for example, explain general principles or trends in the law, or lay out the majority and minority viewpoints and/or the range of variation on particular legal issues across jurisdictions, or even describe a particular jurisdiction’s law. Lanctot, “Attorney-Client Relationships in Cyberspace: The Peril and the Promise,” 49 Duke L.

Here is one randomly selected exchange that took place in one public chat room: Q: I am in the US on a visa waiver from UK [that] expires on 8th Sept. You will probably be required to leave the United States to obtain it. 99-9 (1999) (attorneys who answer legal questions for a fee posed by visitors to firm’s web site subject to same constraints that govern other methods of delivering legal services, including requirements of conflicts checks, competence, and confidentiality). Lawyer has little knowledge of tax law and asks Lawyer’s occasional tax clients to agree to waive the requirement of reasonable competence.

I have been told by an abusive husband not to return. If you have no interest in education you might want to apply for a nonimmigrant work visa. Legal ethics committees in several jurisdictions have turned their attention to lawyers’ participation in chat rooms providing legal information, especially as such participation may involve attorney solicitation of clients. Such a waiver is invalid, even if clients benefit to some extent from the low price and consent freely and on the basis of adequate information.

A number of proposals are being considered along these lines, including the possibility of allowing limited-purpose attorney-client relationships that might “unbundle” or disaggregate some of the responsibilities and duties traditionally required of lawyers. Such reforms will have to await the attention of the D. In Opinion 281, we concluded that lawyers may send confidential client information through unencrypted electronic mail, except where special circumstances warrant a higher level of care about preserving a communication’s confidentiality. In chat rooms, individuals’ typed communications appear in “real time”—i.e., as they are being typed—on the computer screens of other participants. 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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