I am a young, computer-literate lawyer. I am starting a blog where people can interact with me. If an individual responds to something I say in my blog and it is clear he or she needs legal representation, can I communicate and interact with him or her on the Internet regarding potential representation?
The use of blogs and computer technology has been a challenge to the traditional ethical rules against in-person solicitation. Rule of Professional Conduct 7.3 was updated to discuss computer interactions. Rule 7.3 still prohibits solicitation in person or by an intermediary. The in-person solicitation is prohibited if the significant motive for the lawyer in doing so is primarily for pecuniary gain. The term solicitation now includes not only in person or by telephone, but also by “real-time electronic communication.” The rule still allows written communication, which may include targeted direct mail advertisements. There could be targeted, computer-directed mail as long as there is no real-time electronic communication as part of the targeted email solicitation.
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