In the last few years, and especially since the pandemic, the practice of law has undergone significant changes. Virtual practice has changed the practice of law dramatically and for the better. Like in many other fields, remote work is here to stay. While we like to meet with our clients face to face as much as possible, we understand that is not always practical or convenient for the clients.
First and foremost, lawyers are required to provide competent representation of their clients, which includes keeping up to date on changes in the practice of law and changes in technology. Lawyers now regularly are required to appear in court via Zoom for status conferences and hearings, as well as conducting depositions, mediations, and client meetings remotely. AI and Chat GPT cannot replace attorneys, but attorneys are starting to use AI tools to help them do their jobs more efficiently – and from anywhere. Some attorneys are now successfully using AI to help them more quickly review and search through voluminous documents in litigation or in due diligence, to help them with legal research, and in various aspects of case management. To provide diligent representation, law firms must have systems in place for their remote attorneys and staff to be able to access files, conduct research in a timely fashion, and facilitate collaboration with others.
Communication when working virtually includes a variety of media – such as telephone, email, video conferencing, and texting – often eliminating any in-person interactions with clients. Lawyers must make sure that they are contacting their clients through a format accessible to their clients and in a manner that ensures understanding of the information being conveyed. All of the same ethical requirements for keeping attorney-client information confidential still apply when a lawyer is working virtually. Lawyers must take reasonable steps to prevent inadvertent disclosure of their clients’ confidential information.
Partners and supervisory attorneys also retain all the same ethical obligations to supervise paralegals, staff, and associate-level attorneys, no matter whether some or all are working remotely. This responsibility includes monitoring how lawyers and lawyer assistants use either firm-provided hardware or their own devices to access, transmit, or store client-related information. Firms must require heightened security through use of strong passwords, ensuring that third-parties or family members should not have access to client information, and ensuring that data and documents are adequately available for later retrieval. Additionally, oversight should include regular training, the creation of teams, strong mentorship programs, and other measures to ensure that managing lawyers are facilitating successful remote working environments.
The Colorado Bar Association released Formal Ethics Opinion 148 this spring to address some of these ethical challenges that lawyers face when working virtually, and has included a list of suggested best practices for lawyers and firms. It can be accessed here: Microsoft Word – Op 149 — Virtual Law Practice (Clean) (cobar.org).
FGMC takes its ethical obligations seriously and ensures adherence to the latest guidance from the Bar Association. Our commitment to ethical practices not only protects our clients’ interests but also builds trust within the communities we serve. Please contact Julie Behrman if you have any questions regarding the compliance and interpretation of ethical obligations.
