BestPrACtiCesforsoLosAnDsmALLfirmswHoAreworkingremoteLY
Solo & Small Firm Section Chairs : MatthewCrist – CristLegal , P . A . & RickDuarte – TheDuarteFirm , P . A .
Earlier this year , the American Bar Association ’ s Standing Committee on Ethics and Professional Responsibility issued ABA Ethics Opinion 498 . The opinion sets forth guidance on ethical issues surrounding practicing law virtually . This guidance is more relevant than ever given that firms are allowing employees to work from home on a full-time or parttime basis . Additionally , the Delta variant outbreak has caused some firms to transition back to full-time remote work . With virtual hearings and depositions becoming commonplace , it seems that an attorney can work from just about
withvirtualhearingsand depositionsbecoming commonplace , itseemsthatan attorneycanworkfromjust aboutanywhere . However , there arenumerousconsiderations theymusttakeintoaccount .
anywhere . However , if an attorney wishes to continue working remotely , there are numerous considerations they must take into account .
Lawyers need to ensure that their technology , work environment , and other assistance falls within their obligations under the Model Rules . Model Rules 1.1 , 1.3 , and 1.4 address the core ethical duties of competence , diligence , and communication of lawyers regarding their clients . And Model Rule 1.6 imputes a duty of confidentiality on lawyers to all clients . Under Model Rule 1.6 , lawyers “ shall not
reveal information relating to the representation of a client ” and shall “ make reasonable efforts to prevent the inadvertent or unauthorized disclosure of , or unauthorized access to , information relating to the representation of a client .” Further , supervisory lawyers have their own duty to ensure that subordinate lawyers and nonlawyers within their firm comply with these rules . The duty to supervise subordinate lawyers and nonlawyers extends to work both within and outside the physical law office .
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