A few years ago, the American Bar Association ethics solons convened something called Ethics 20/20, which followed Ethics 2000 as an attempt to examine the ABA Model Rules of Professional Conduct and determine whether circumstances might dictate the need for changes to the existing lawyer ethics regime or new rules to respond to new technologies or business methods. Some of the best and the brightest came together to discuss and embrace the issues and though relatively few new rules were proposed, a large amount of “white papers” were generated that help frame the issues that may need to be addressed in the future.
Sadly, however, the committee could not get its collective head around the idea of virtual offices. Maybe this was because, as my friend Marcy Stovall mused, the rule regime is “insufficiently nimble” to ever get ahead of technological developments. Or maybe the forces of reaction and conservatism resist the idea of abandoning the 19th-century model of how lawyers and clients meet and do their business together. Luckily, however, state bars have jumped into the breach and some good guidance has come from the trenches.
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