By contrast, message boards and e-mail can trigger solicitation rules. And by the way, I'm a lawyer and could represent you in any lawsuit that develops. The lawyer may not know where the person lives and conceivably could have violated the ethical rules of that state. Another concern is the possibility that a Web site may lead to charges that a lawyer or law firm engaged in the unauthorized practice of law in a jurisdiction in which the lawyer was neither admitted nor licensed to practice. This is not just a theoretical problem.
Some states seem to have stepped up their enforcement of unauthorized practice rules.
Savitt believes that lawyers therefore have to be especially careful with their Web sites. Put differently, suppose a law firm based in Pennsylvania has contact with a person who views its Web site from New York. Under this framework, as Savitt points out, there are three general types of Web sites. At one end of the spectrum is the passive Web site, which provides information but may accept e-mail from visitors. The mere availability of this kind of Web site is insufficient to allow a court to assert jurisdiction.