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California lawyers and courts may also look to theABA Model Rules and ethics opinions for guidance onpracticing in a virtual law firm. 4Although the Model Rules do not specifically addressvirtual law firms, in August 2012, the ABA approvedrecommendations by the Ethics 20/20 Commission toamend the Model Rules to address issues regarding alawyer’s use of technology, including:• Model Rule 1.1 (revising Comment [8] to confirm thatthe duty of competence includes “keeping abreast of... the benefits and risks associated with relevant technology”).• Model Rule 1.4 (revising Comment [4] to reflect changesin communication technology).• Model Rule 1.6 (adding new paragraph (c) requiringlawyers to undertake reasonable efforts to prevent theinadvertent or unauthorized disclosure of, or access to,confidential client information and adding comment[18] regarding safeguarding confidential client information).• Model Rule 1.18 (revising the rule and Comment [2] toclarify when electronic communications give rise to aprospective client-lawyer relationship).• Model Rule 5.3 (revising the title of rule and Comment[2] and adding Comments [3]-[4] to clarify a lawyer’sduties when outsourcing legal work to non-lawyerservice providers).• Model Rule 7.1, Comment [3], Model Rule 7.2, Comments[1]-[3], [5] and Model Rule 7.3, Comments [1],[3] (involving revisions that address a lawyer’s use oftechnology for client development).In addition to the Model Rules, several state bar associationshave issued formal ethics opinions addressingethical issues that arise from a lawyer’s practice of lawthrough a virtual law office. 5Formation of Attorney-Client Relationshipand Client IntakeIn communicating with prospective clients via a securewebsite portal, lawyers should avoid forming unintendedattorney-client relationships by includingdisclaimers on their websites that “posted information isnot legal advice” and that communication through thewebsite does not create an attorney-client relationshipor a duty of confidentiality. In addition, before enteringinto an engagement agreement, lawyers should obtainsufficient information from the client to screen for conflictsof interest and ensure that the party they are communicatingwith is the actual client or someone withauthority to act on the client’s behalf. 6CONTRA COSTA COUNTY BAR ASSOCIATION CONTRA COSTA LAWYER 27