Ethical Issues for Law Firm Websites
Originally Published in Beyond the Bar.
By Shaun Jamison

So you want to advertise on the Internet? Your colleagues are telling you to get on
the e-commerce Train before it leaves the station, but you have some concerns.
Those concerns probably focus in on price, effectiveness and design. I
recommend, however, that before you start down the website road that you resolve
the ethical limitations and pitfalls of law firm websites.

What rules apply? A law firm website is more like an advertisement than a
solicitation. Therefore, at a minimum, the rules concerning lawyer advertising
apply. (See, for example, IL Adv. Op. 96-10; PA Eth. Op. 96-17). Rule 7.1 of the
Model Rules of Professional Conduct states that a lawyer shall not make a "false
or misleading communication about the lawyer or the lawyer's services . . ."
Initially, this particular rule doesn't seem as though it would pose that much of a
challenge. The problem is that while print advertising is very limited and content is
much easier to control, the web has virtually unlimited space. Further, lawyers are
motivated to provide more content - after all, this increases hits and garners
positive reviews. Thus, there are more opportunities to run afoul of the
professional proscriptions.

The next rule to be concerned about is Rule 7.2 of the Model Rules of
Professional Conduct, which raises another interesting issue -- the requirement
that lawyers retain copies of their advertising. In some jurisdictions, this rule has
been determined to apply to Internet advertising. (See, NY Eth. Op. 709; UT Eth.
Op. 97-10; MI Eth. Op. RI-276). Imagine printing every single version of your web
page and storing it. Mercifully, at least Utah has specifically stated it will allow the
updated pages to be stored electronically. (See, UT Eth. Op. 97-10). You'll want to
check your local rules concerning keeping copies, and find a method of
maintaining all of the versions of your website. Because metatags are part of the
web pages, an open question is whether you also have to save them. [A metatag
is a "behind the scenes" keyword that web designers will place on a site to guide
web searchers to their web page.]

Do you need a disclaimer? Clearly, responsible lawyers will include disclaimers
stating that an attorney/client relationship has not formed on the basis of visiting
the website or sending an email to the attorney. Further, the disclaimer should
contain a statement that while the website contains legal information, it is not
intended to constitute legal advice. It is likely that a disciplinary board will look to
the reasonable expectation of the client, rather than just accepting the language
of a disclaimer. Also, disclaimers on the web are frequently ignored. (See, J.S. v
Bethlehem Area School District, 757 A.2d 412, 415, PA Commw. Ct., 2000).

Particular state rules raise yet another issue. What jurisdiction's rules apply to
you? After all, it is the World Wide Web. The safe route is to make it clear that you
are not accepting clients outside of the jurisdictions where you are admitted to
practice.


Law firm websites, while becoming a usual advertising tool, must be approached
with caution. The World Wide Web is growing and changing each day. States are
either rewriting, interpreting or revising their current rules to apply to lawyers
advertising on the Internet. Carefully research your state to comply with their
particular requirements and stay tuned.

Disclaimer - This article is intended as general information, not specific legal
advice.