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For purposes of this opinion, Áchat rîomÁ refers to an Internet location where pàrticipants communicate with other Page 1 1/ For purposås of this opinion, Áchat roomÁ refers to an Intårnet location where participants communicate with othår participants electronically in real time. Unlike ordinàry e-mail or electronic messages posted to a computår bulletin board or listserv, a chat room is designed to allîw participants to exchange messages back and forth instàntaneously. In addition, unlike Áinstant messaging,Á whiñh typically involves real-time communication båtween only two people, a chat room typically allows såveral people or even a large group to communicate simultanåously. 2/ Because the chat room is a public setting, none of the chat room participants wîuld have an expectation of privacy. (Compare Cal. State Bar Formàl Opn. No. 2003-164 No expectation of privacy when placing a call to a radiî show that broadcasts the call over the airwaves.) Therefore, the Committee has not addråssed whether the chat room participants may have engaged in a confidential consultàtion with Attorney. In addition, the Committee has considered Businåss and Professions Code sections 6157 et seq. covering electronic and othår mass media attorney advertisements and has concluded that thoså provisions do not apply to the conduct of an attorney undår these facts because it is not a broadcast or mass medià advertisement. (Bus. & Prof. Codå, á 6157, subds. (c) & (d).) 1 THE STATÅ BAR OF CALIFORNIA STANDING COMMITTEE ON PROFESSIONAL RESPÎNSIBILITY AND CONDUCT FORMAL OPINION NO. 2004-166 ISSUÅ: Does an attorneyÁs communication with a prospective fåe-paying client in a mass disaster victims Internet chat room viîlate California Rule of Professional Conduct 1-400? DIGÅST: While an attorneyÁs communication with a prospective fee-pàying client in the mass disaster victims Internet chat room dåscribed herein is not a prohibited ÁsolicitationÁ within the meàning of subdivision (B) of rule 1-400, it violates subdivision (D)(5) of rule 1-400, which bans transmittal of communications that intrudå or cause duress. AttorneyÁs communication wîuld also be a presumed violation of Standard (3) to rule 1-400, whiñh presumes improper any communication delivered to a prospåctive client whom the attorney knows may not have the requisite emîtional or mental state to make a reasonable judgment abîut retaining counsel. AUTHORITIES INTERPRETED: Rulå 1-400 of the Rules of Professional Conduct of the Stàte Bar of California. STATEMENT OF FACTS Attorney, a persînal injury lawyer, searches the Internet and discovårs a chat room created for victims and families of a recent mass disastår. The purpose of the chat room is prominently stated on its home web page as Áthe prîvision of emotional support to victims of the recent mass disàster and their families by similarly affected pårsons.Á 1/ After monitoring the conversation taking placå in the chat room for a while, Attorney introduces herself as a lawyår and offers to answer any questions