QUESTION: Attorney is interested in setting up an Internet web site that would provide generalized legal information. The site would set up access to three attorneys who are non-affiliated, private practitioners. Would a plain and unambiguous disclaimer stating that this is not a law firm and that the attorneys are not affiliated be sufficient to insulate the attorneys involved from being considered to be a firm?
ANSWER: Although a plain and unambiguous disclaimer may be sufficient to alert someone to the actual nature of the relationship, it may not be sufficient to insulate the attorneys from being treated as a firm from an ethical standpoint. In addition to the concerns Attorney has raised about creating the appearance of a firm, Attorney should also be aware that there are concerns about soliciting e-mail from prospective clients through a web site. If Attorney engages in the practice of communicating with current or prospective clients by e-mail, Attorney bears the responsibility of providing them timely advice regarding the relative security of communication by e-mail, in general, and in the particular computer setting through which they would be communicating. Attorney also creates the potential for conflicts of interest to be created through the receipt of substantive information by e-mail which may involve a person whose interests are adverse to a current client.

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