While large law firms increasingly hire their own in-house counsel to provide day-to-day ethics advice See, Edwards, Wildman Palmer LLP v. Superior Court Cal.
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Laayers Among available resources is the confidential Ethics Hotline offered by the California State Bar Neither service provides legal advice to callers, and no attorney-client relationship is formed. When using such resources, questions should be posed as hypotheticals. By referring callers to relevant legal authorities, those staffing the hotlines strive to assist lawyers in reaching informed decisions about their professional responsibility questions. Because newer attorneys may have grown up with greater familiarity and trust in online chatrooms, listserves, or Dilemmmas media networks, they may be more inclined to use such resources to address ethical quandaries.
This tendency is even more likely during the current COVID pandemic, when all lawyers may have fewer opportunities for direct face-to-face communications with other lawyers, fewer, if any, chances to query more experienced attorneys at continuing legal education programs, and even a reduced ability to consult with mentors and other lawyers by telephone.
As a result, lawyers may find themselves increasingly resorting to online sources for guidance.
In so doing, both the lawyer posing ethical questions and the one consulted must take care to protect client confidentiality and the attorney-client privilege, [i] and be mindful to avoid creating a conflict of interest with existing clients. State Bar Form. State Bar Formal Opn.
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Guide]; Tex. Online lawyer-to-lawyer discussions create a special risk of establishing a permanent record of the consultation, however informal, that remain on the Internet indefinitely. The permanence of this information increases the risk an adverse party or attorney may discover and use the information to harm the client. If that is not possible, ascertain at the outset whether the consulted lawyer represents a party to the matter. Otherwise, the consulted lawyer may be disqualified from an adverse representation as a result of the consultation. Although the act of seeking legal advice concerning ethical obligations owed to a client, by itself, does not create a conflict with the client Cal. State Bar Form Op.
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Conduct Advisory Opn. ABA Form. Rule 1. Santa Clara County Counsel Attys. Woodside 7 Cal.
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Richmond 35 Cal. CRPC rule 1. ABA Formal Opn.
No p. Be sure to perform independent research and analysis. While the ethical duty of confidentiality applies to information about the client, whatever its source, the attorney-client privilege is expressly limited to confidential communications between a lawyer and his or her client.]
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