Attorney-Client Relationships in Cyberspace: The Peril and the Promise

Catherine J. Lanctot
1999 Duke law journal  
Despite the legal profession's historical resistance to technological advances, the burgeoning world of cyberspace is bringing change to the practice of law. As laypeople flock to the Internet to seek help with their legal problems, lawyers are going online to provide such assistance. Yet, these exchanges are occurring without close consideration of whether they create attorney-client relationships-the source of weighty ethical and legal obligations. In many cases, lawyers seek to avoid the
more » ... equences of such relationships merely by disclaiming their existence. by new technology sounds a cautionary note for lawyers on the Internet. Yet, if attorney-client relationships in cyberspace present some peril, through the specter of legal liability or of bar disciplinary action, they also present enormous promise for addressing the unmet legal needs of many Americans with lower incomes. Professor Lanctot concludes the Article by discussing the challenge of adapting the traditional, full-service model of attorney-client relationships to the question-and-answer format of cyberspace. One means of doing so, known as discrete task representation, may allow lawyers to avoid the legal and ethical pitfalls of online practice yet provide valuable legal assistance to those who cannot afford traditional representation.
doi:10.2307/1373064 fatcat:nqtapb77hbhvlhs4bc4xrpr47y