Client Alert: A Year Later: Privilege, Privacy, and Virtual Practice

On March 10, 2021, the American Bar Association Standing Committee on Ethics and Professional Responsibility issued Formal Opinion 498, addressing ethical rules implicated by virtual practice. The ABA opinion explains that the Model Rules of Professional Conduct permit virtual practice, defined as “technologically enabled law practice beyond the traditional brick-and-mortar law firm.” However, a lawyer must take steps to ensure that they satisfy their obligations to provide competent representation, to maintain client confidentiality, and to effectively communicate with the client. The ABA opinion tracks with the issues we discussed in our May 2020 article, “Zooming and Attorney-Client Privilege.” In that piece, we examined the use of videoconferencing and the accompanying risks to the privacy of client data and attorney-client privilege. The ABA’s formal opinion provides detailed guidance for a profession “unexpectedly thrust into practicing virtually.”

Click here to read the full alert.

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© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.

Client Alert: A Year Later: Privilege, Privacy, and Virtual Practice

On March 10, 2021, the American Bar Association Standing Committee on Ethics and Professional Responsibility issued Formal Opinion 498, addressing ethical rules implicated by virtual practice. The ABA opinion explains that the Model Rules of Professional Conduct permit virtual practice, defined as “technologically enabled law practice beyond the traditional brick-and-mortar law firm.” However, a lawyer must take steps to ensure that they satisfy their obligations to provide competent representation, to maintain client confidentiality, and to effectively communicate with the client. The ABA opinion tracks with the issues we discussed in our May 2020 article, “Zooming and Attorney-Client Privilege.” In that piece, we examined the use of videoconferencing and the accompanying risks to the privacy of client data and attorney-client privilege. The ABA’s formal opinion provides detailed guidance for a profession “unexpectedly thrust into practicing virtually.”

Click here to read the full alert.

Related Capabilities

Related Locations

© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.

News and Insights

Event

Partner Michael Vernick to Speak at NACUA's 2026 Annual Conference

On July 1, Partner Michael Vernick will speak on a panel at the National Association of College and University Attorneys (NACUA) 2026 Annual Conference in Nashville.

July 1, 2026

Publications

In Employee Relations Law Journal: What Happens When ERISA Disability Deadlines Slip

Partner Joseph Torres along with Associates Emma O'Connor and Christopher LeWarne, authored an article for the Employee Relations Law Journal analyzing a significant Fourth Circuit decision with substantial consequences for ERISA disability plan administrators.

June 23, 2026

Publications

In Law360, Partner Samuel Feder Analyzes the Supreme Court's Ruling in FCC v. AT&T

Partner Sam Feder authored an article in Law360 examining the Supreme Court's June 4 decision in Federal Communications Commission v. AT&T Inc., which rejected AT&T's and Verizon's argument that the FCC's forfeiture process violates the Seventh Amendment right to a jury trial.

June 16, 2026