Virtual Practice Here to Stay…?
The Pandemic sent most of us home and the legal profession embraced technology with a gusto previously unseen. As the world slowly reopens, there is much discussion about which aspects of remote work may be long lasting. No doubt, technology and the virtual practice of law has made a permanent imprint on the legal profession.
Of course, remote practice offers not only some tremendous conveniences, but also ethical landmines for the unwary. ABA Formal Opinion 498 provides the proverbial soup to nuts menu of legal ethics issues and virtual tools along with guidance as to how to avoid or minimize ethics problems. The opinion reminds lawyers that competence requires understanding the benefits and disadvantages of technology, and that a focus on client confidentiality are both fundamental keys to maintaining an ethically compliant remote or virtual workspace.
After laying the foundation by discussing fundamental ethical considerations for any type of practice, the Opinion references ABA Formal Opinion 477r that provides guidance on conducting a threat analysis as to necessary protection for various client information. Opinion 477r, released in May 2017, has been cited frequently as lawyers adopted the use of VPN’s and other cybersecurity measures.
Opinion 498 adds to the guidance by providing a list of “particular virtual practice technologies and considerations,” which includes technologies that have become more common place such as virtual meeting and document platforms, and also reminds lawyers to turn off smart listening devices. The Opinion also explores the need for greater supervision of both employees and vendors all of whom may create risks for client confidentiality.
Opinion 498 is worth a read as it provides a wonderful roadmap for avoiding ethical landmines in the world of remote practice—a world that will likely remain a part of the legal profession even as the Covid curtain is lifted. See our former coverage of Florida’s new remote court practice guidelines here.
