Lawyers can practice law virtually but must ensure that they consider various ethical responsibilities related to the duties of competence, diligence, communication, confidentiality and supervision, according to Formal Opinion 498, released Wednesday by the ABA’s Standing Committee on Professional Responsibility (ABA press release available here).
Lawyers practicing virtually also must take steps to ensure confidentiality of client information. This often requires lawyers to install “any security-related updates and using strong passwords, antivirus software and encryption.”
When connecting over Wi-Fi, lawyers should consider using virtual private networks. Lawyers need to ensure that virtual meeting or teleconferencing platforms used are secure. “Likewise, any recordings or transcripts should be strongly secured,” the opinion cautions.
The duty of competence also requires lawyers to stay abreast of “the benefits and risks associated with relevant technology,” as noted in Comment 8 to Model Rule 1.1. Lawyers practicing virtually also must ensure they pursue matters on behalf of clients diligently and without unnecessary delay. There is also a duty of communication under Model Rule 1.4, which requires lawyers to “reasonably consult” with clients and keep them updated about their cases.