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Here is one randomly selected exchange that took place in one public chat room: Q: I am in the US on a visa waiver from UK [that] expires on 8th Sept. You will probably be required to leave the United States to obtain it. 99-9 (1999) (attorneys who answer legal questions for a fee posed by visitors to firm’s web site subject to same constraints that govern other methods of delivering legal services, including requirements of conflicts checks, competence, and confidentiality). Lawyer has little knowledge of tax law and asks Lawyer’s occasional tax clients to agree to waive the requirement of reasonable competence.I have been told by an abusive husband not to return. If you have no interest in education you might want to apply for a nonimmigrant work visa. Legal ethics committees in several jurisdictions have turned their attention to lawyers’ participation in chat rooms providing legal information, especially as such participation may involve attorney solicitation of clients. Such a waiver is invalid, even if clients benefit to some extent from the low price and consent freely and on the basis of adequate information.Our analysis here solely concerns lawyers’ participation in the features of these sites that offer visitors interactive communications with licensed attorneys on legal topics. Such notices also typically disclaimed all warranties as to the quality and accuracy of the legal information provided and purported to disavow the service provider’s liability for all harm arising from use of the service. Lawyers might also ask that chat room participants abstain from providing confidential information, as already discussed.Most chat room services we visited further disclaimed any duty to keep information provided by participants confidential, though one, devoted to immigration law, promised to make its best efforts to protect from third parties information transmitted by participants. “[C]onsent” requires uncoerced assent following “consultation with the lawyer regarding the matter in question,” and “consultation” requires “communication of information reasonably sufficient to permit the client to appreciate the significance of the matter in question” (D. Rules “Terminology” [2] & [3])—requirements that may not be met in the context of assent through a “click through” disclaimer. These steps would not necessarily eliminate all conflicts problems, however, which again points to the need to eschew the formation of attorney-client relationships. Proposed comment [7] explains that “reasonable under the circumstances” means that “[i]f, for example, a client’s objective is limited to securing general information about the law the client needs in order to handle a common and typically uncomplicated legal problem, the lawyer and client may agree that the lawyer’s services will be limited to a brief telephone consultation.It is permissible for lawyers to take part in on-line chat rooms and similar arrangements through which attorneys engage in back-and-forth communications, in “real time” or nearly real time, with Internet users seeking legal information, provided they comply with all applicable rules of professional conduct. Rules of Professional Conduct engages in chat room communications of sufficient particularity and specificity to give rise to an attorney-client relationship under the substantive law of a state with jurisdiction to regulate the communication, that lawyer must comply with the full array of D. Prior to drafting this opinion, one committee member undertook an informal survey of web sites offering chat rooms on law-related topics.To avoid formation of attorney-client relationships through such chat room conversations, lawyers should avoid giving specific legal advice. A sampling of such sites revealed a wide array of services offering “one-on-one” communications with “licensed attorneys,” many with catchy names such as “Free Advice” and “Dads’ Divorce.” These communications were sometimes free, but some services charged users a fee. this chat room is for informational purposes only and is not intended to be used as specific legal advice in any way, shape or form.All the sites we visited emphasized that their purpose was to provide “legal information,” but not “legal advice.” Whether and how participating attorneys are permitted to follow up with Internet users with whom they engage in such communications appeared to vary. Rule 1.6, but only after “full disclosure” and “consent.” D. As we noted in Opinion 309, waivers of confidentiality may be especially problematic and thus “require particular scrutiny and may be invalid even when granted by sophisticated clients” with independent counsel. Such a limitation, however, would not be reasonable if the time allotted was not sufficient to yield advice upon which the client could rely.One site stated that the lawyer “does NOT receive any portion of your fee, and will NOT serve as your legal counsel, during Live Chat or thereafter, so you can get a completely candid evaluation.” At other sites, however, the attorneys answering questions in chat rooms prominently provided their full contact information at the opening of the chat session and invited chat room participants to contact them directly after the chat session ended. Based upon the statements you made, it appears that you are in-status and your visa expires on September 8, 2001. Conduct 96-10 (following its prior opinion cautioning that attorneys who gave legal advice through a telephone service could easily run afoul of the conflict of interest provisions of Rules 1.7 and 1.9, to conclude that “lawyers participating in similar activity over the Internet would be subject to the same concerns”); see also Arizona State Bar Ethics Ass’n Op. Although an agreement for a limited representation does not exempt a lawyer from the duty to provide competent representation, the limitation is a factor to be considered when determining the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.

If you know of a specific visa for which you want to apply. Instead, we noted, the “touchstone of Rule 7.1 is whether lawyers’ communications about themselves or their services are ‘false or misleading.’ 7.1(a)” Opinion 302 (2000). Rule 6.1 was intended to carry forward long-standing ethical principles in the Code, especially Canon 2). We did not systematically monitor the communications that were taking place in chat rooms we located, nor did we “test” any site by submitting an inquiry from an individual. It is difficult to change status from the visa waiver. 97-04 (concluding that lawyers should not answer specific questions or give fact-specific advice in chat rooms because they would be unable to screen for potential conflicts and would risk confidentiality problems). See Rule 1.1.” The Ethics 2000 Commission’s proposed approach resembles Restatement (Third) of the Law Governing Lawyers § 19 (2000), which likewise permits lawyers to limit the duties they would owe a client under terms “reasonable under the circumstances.” But, the Restatement, too, would set a “floor” for the competence required, using the following illustration that might be apropos to some chat room exchanges: 3.Nevertheless, we did read various conversations taking place in chat rooms that were open to the public without charge. Additionally you might want to apply for a nonimmigrant visa, such as a student (“F”) visa. Lawyer offers to provide tax-law advice for an hourly fee lower than most tax lawyers charge. Applicable Rules We write here to consider an issue left unaddressed by these earlier opinions—namely, the permissibility of lawyers’ participation in on-line “chat rooms," “list servs,” and similar arrangements through which lawyers engage in interactive communications, in “real time” or nearly real time, with Internet users seeking legal information.

Many provided a multitude of law-related services, including not only live attorney chat rooms, but also attorney directories, treatises and legal reports, and links to other law-related information sources. Participating in this chat room does not establish an attorney client relationship—for personal legal advice consult your attorney. The best way of avoiding conflict problems, of course, would be to refrain from creation of an attorney-client relationship in the first place.

Essentially the same prescriptions as those we outlined in Opinion 302 apply to attorney communications in chat rooms or similar services, including that the communications must be accurate, lawyers may not imply that they are disinterested in particular matters when they are not, lawyers must disclose any fees they pay in order to participate, and such fees may not be linked to or contingent on the amount of legal fees the lawyer may obtain from clients obtained through online services. On the other hand, the ethical impetus that motivates lawyers to help the public become aware of legal problems cannot insulate lawyers from the consequences arising from formation of an attorney-client relationship as the result of providing legal advice. This is especially true for Internet communications, where giving legal advice might create an attorney-client relationship and thus subject an attorney to malpractice liability in a far distant jurisdiction. 1998-2 (1998) (emphasizing need for caution given Internet’s multi-jurisdictional reach). This conclusion is consistent with that of another state bar ethics committee that has considered the issue.

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