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Computer Law Review and Technology Journal

Abstract

Having the ability to practice law in cyberspace has virtually metamorphosed the legal landscape into an amorphous mass. In this murky region, trying to apply well-established legal principles creates a colloidal covering of uncertainty. Besides compelling changes in the way legal services are delivered, this metamorphosis has introduced numerous practical and ethical concerns for lawyers and law firms. For example, consider the following questions:

  • With whom are you communicating by sending e-mail?
  • Are you inadvertently providing free legal advice to an unknown person in an unknown venue?
  • Have you inadvertently established an attorney-client relationship?
  • Are you licensed in the state in which the recipient resides?
  • Do you stay abreast of current legal precedents and new statutes by using online facilities?
  • Do you rely on information obtained online without seeking independent corroboration?
  • Do you routinely check all incoming electronic data for viruses?
  • Do you exercise diligence safeguarding your firm and client information stored on your network? 
  • Is encryption a prerequisite for safeguarding such information? Passwords? Biometrics? 
  • Do you simply "logically" delete obsolete confidential information stored on your hard disks or the like, or do you shred it?
  • What is the standard for the duty of care associated with practicing law on the electronic landscape?

Venturing into Cyberspace is easy: one simply need be positioned close to a keyboard and pointer device, and then interact with an operating system and concomitant application (browser or e-mail or news-reader or chat) software. Nevertheless, as members of the legal profession are rapidly discovering, this ease of entry has the potential to drastically affect peace of mind and integrity of practice.

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