Clearly a marketing advantage, the accessibility of the site can also present problems. Information should not be placed on your site absent a reasoned decision that downloading of that information by the public is not problematic. An example or sample form provided for your existing clients could be widely downloaded. The multi-jurisdictional reach of the site further requires that lawyers note any local restrictions applicable to postings for the foreign browser. Indeed, it would be wise for lawyers actively to discourage site browsers from relying on any statements as legal advice so that attorney-client relationships are not inadvertently created.
Many sites do currently display disclaimers that disavow the formation of such a relationship.
Whether these disclaimers guarantee immunity from malpractice suits for the lawyer is not clear. Lawyers always should conduct an independent inquiry into the legalities surrounding these widely used disclaimers and limitation of liability clauses. Web site development firms, although on the cutting edge of technology, may not always be fully informed about the current state of the law. There is much debate about the value of web sites use by law firms. We, as lawyers, need to make sure that our discussions include the potential legal ramifications associated with web site use.