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SELF-STUDY MCLE TESTplease visit Contra Costa Lawyer Online athttp://cclawyer.cccba.org/category/self-study-mcleto download the MCLE Self-Study test form and instructions.Ethical Guidelines for Practicingin a Virtual Law OfficeVirtual law practice is becomingincreasingly popularas an alternative tothe traditional physicallaw office. It typically involves theuse of a secure internet portal torender legal services to, and communicatewith clients. 1 Advocatesemphasize the decreased real estateand overhead costs, increased productivityand the work-life balancethat may result from lawyers workingfrom home. Critics stress theneed for in-person client and teammeetings to collaborate and solvecomplex legal problems. As shownby the recent stir created by the Yahoo!no-work-from-home policy,management concerns and the effecton employee morale are hotlycontested issues. It is clear, however,that lawyers practicing in a virtuallaw office need to comply withemployment laws and the rules ofprofessional conduct.Employment law issues arisingfrom operation of a virtual law officeare similar to those arising fromtelecommuting policies. Virtual lawfirms should implement practicesto address: (1) methods for trackingand reporting hours worked,meal and rest breaks; (2) preservationof confidential information;(3) employee privacy expectations,including monitoring computer usageand ownership of computers orother equipment; (4) harassment;and (5) workers’ compensation andsafety issues.Virtual law practitioners mustalso consider the following ethicalissues:by Sarah BanolaCalifornia’s Rules of ProfessionalConduct Apply toVirtual Law OfficesNo California Rule of ProfessionalConduct specifically addresseslawyers who practice in virtual lawoffices. Rather, the same rules ofprofessional conduct that apply toattorneys practicing in traditionallaw firms apply to attorneys practicingin a virtual firm. 2 The applicationof the rules, however, raisesunique issues for virtual law practitioners,particularly in regard to thefollowing California Rules of ProfessionalConduct: 3• Rule 1-300 (Unauthorized Practiceof Law).• Rule 1-400 (Advertising and Solicitation).• Rule 3-100 (Confidential Informationof Client).• Rule 3-110 (Failing to Act Competently).• Rule 3-310 (Avoiding the Representationof Adverse Interests).• Rule 3-500 (Communication).26MAY 2013