New ABA Ethics Opinion Addresses Virtual Practice - Articles

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Posted by: Stacey Shrader Joslin on Mar 10, 2021

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 a new opinion released today by the ABA’s Standing Committee on Professional Responsibility. Formal Opinion 498 calls for lawyers to stay informed about the benefits and risks of relevant technology and recognize the limitations of virtual practice. The rule requires that lawyers continue to follow other ethics rules related to practicing law, including pursuing client matters without unnecessary delay, keeping clients informed about their cases, ensuring confidentiality of client information, and supervising subordinate lawyers and nonlawyer assistants. Finally, the opinion notes that it does not address issues involving interstate virtual practice or the unauthorized practice of law. Read more from the ABA Journal.