What you should know about talking to an attorney online

Attorneys, like many other professionals, use social media and websites to develop new relationships with those seeking legal representation.

Using an online legal service or hiring an attorney online will likely be a multi-step process due to restrictions on lawyers regarding advertising and the obligation to keep client information private.

How online legal services work

The internet has opened up a world of possibilities for “do it yourself” enthusiasts who want to take on tasks that they have paid professionals to do in the past. And legal services is one of them. There are now several free and paid services offering legal assistance to those who need it. For instance, ohiolegalhelp.org is a new website created to help Ohioans access the civil justice system by providing free information on common legal issues (including some forms) and assisting them in finding a lawyer.

Online legal services properly caution that the advice is “general” and not specific to your case. The sites might provide you free access to legal forms required by government offices to complete a legal task, but typically assistance for filling out those forms comes at an added cost.

And in most cases, when it comes down to talking “specifically” about your situation, the services will attempt to match you with an attorney that can work with you on the matter... typically for a price.

Challenges of communicating online

Social media makes it easy for someone to find an attorney, and you will often see attorneys answering questions online. But pay attention — often with the answer from the lawyer comes a “disclaimer,” which typically says something like: “this information should not be considered formal legal advice nor does it create an attorney-client relationship. Each case is different and you should consider hiring an attorney before proceeding with any legal action.”

So why are attorneys talking online such downers with all these caution signs? Lawyers face restrictions by rules designed to protect the fairness of the legal system. Here are some of the common reasons attorneys don’t go further with comments online:

• Confidentiality - Lawyers owe their clients and prospective clients the right to keep information shared about a legal matter private, unless the client gives consent to share it with others. Exchanges posted on a social media site are hardly private; anyone with access to the site can view the communications. In fact rules require attorneys to not only be mindful of their conversations online, but also to be very familiar with the technology they use to gather information so they know how to ensure they can keep it private.

• Jurisdiction – When chatting online, it is not always easy to determine where that person is physically located or where the legal matter at issue took place. Lawyers are only allowed to represent clients in jurisdictions where they are licensed to practice. For example, a lawyer licensed to practice only in Ohio cannot give specific legal advice to a person whose legal issue is in Michigan.

• Conflicts of Interest - Lawyers must avoid discussing legal matters with anyone who might have interests that conflict with that lawyer’s existing clients. If a lawyer simply responds in realtime to a person online in hopes of signing up a new client, that lawyer may later discover that the new client is involved in a legal matter in opposition to another client who is currently being represented by the lawyer or the lawyer’s firm. Legal ethics do not allow such a “conflict of interest,” so the lawyer will not be able to represent the new client.

• Advertising Restrictions Lawyers are bound by specific rules on how they can advertise and solicit business. For example, lawyers must clearly alert readers or viewers that the information provided is actually an advertisement. In a social media setting, you may not see a disclaimer on a tweet or post, but lawyers still must abide by the advertising and solicitation rules.

In the online media setting, a lawyer may, for example, list the penalties for driving while intoxicated, and then state that this is general information. The lawyer may then invite you to submit an email, fill out an online form or call for additional information. If you do provide information about your particular legal matter, the lawyer can then take steps to determine if the matter is within that lawyer’s jurisdiction, that there is no conflict of interest between you and other clients, and to ensure that what you share will be confidential.

How an attorney can help

One of the true values of the internet is the ability to learn “what needs to be done,” even if you can’t DIY. And the legal world is full of changes in law and requirements. Lawyers are great sources of information that can provide education on the law and changes that are made to it.

They can provide prospective and general guidance, but certainly will warn that their words are not a substitute for personal legal advice. In legal matters, each case is different and one size does not fit all, but an attorney’s explanation of the law may help someone know what first steps to take in a legal matter or what questions to ask a lawyer during a consultation about his or her particular case.

Dan Trevas is a former journalist turned lawyer with extensive public relations experience in the public and private sector. Articles appearing in this column are intended to provide broad, general information about the law. This article is not intended to be legal advice. Before applying this information to a specific legal problem, readers are urged to seek advice from a licensed attorney.