Opinion 1916

The inquiring lawyer has created a web site that allows clients to have estate planning documents produced via the Internet. The lawyer states that he has taken steps to protect client confidentiality, including individual client passwords, secure encryption and McFee Fortress encryption program that would run though the lawyer’s office. The lawyer asks if these safeguards, in the context of online communications, comply with the confidentiality provisions of RPC 1.6.

The committee stated that it appears the lawyer has taken appropriate steps to protect client confidentiality under the circumstances. However, whether the particular software and methods used by the lawyer are adequate to provide the protections required under RPC 1.6 are questions of law that the committee is not permitted to answer.

The committee cannot analyze your forms for compliance with RPC 1.1, 1.3, and 1.4 since the committee does not interpret the standard of care for practice in any particular field of law.

Use of the Internet to represent clients in a jurisdiction other than Washington is an issue as yet unresolved under RPC 5.5 in Washington. Some jurisdictions are treating such representation as the unauthorized practice of law in their jurisdictions.

Advisory Opinions are provided for the education of the Bar and reflect the opinion of the Committee on Professional Ethics (CPE) or its predecessors. Advisory Opinions are provided pursuant to the authorization granted by the Board of Governors, but are not individually approved by the Board and do not reflect the official position of the Bar association. Laws other than the Washington State Rules of Professional Conduct may apply to the inquiry. The Committee's answer does not include or opine about any other applicable law other than the meaning of the Rules of Professional Conduct.