Virtual Law Practice

Category: ABA

  • 15 Technology and Legal Services Delivery Predictions for 2013

    Every six months I used to write a post with a list of virtual law practice updates or related items that had been “in the news.” Elawyering and virtual practice have become so mainstream these days that doing this would result in a ridiculously long list of references.

    Instead, I’m going to compile a list of my top 15 predictions for the coming year that relate to virtual practice. These are based on the research I’ve done for my upcoming book as well as the presentations and consulting work that I’ve done over the past year.

    1. We will continue to see the number of legal technology start-ups being introduced to the consumer legal marketplace. [For a list of these players, stay tuned for the release of my ebook: Consumer Law Revolution coming later in Jan. 2013]. These companies are going to focus their efforts on consumers, but will also attempt to cultivate strong attorney branded networks that will provide their services with the value add of licensed legal assistance.

    2. Existing legal tech startups may be acquired or backed by larger legal service companies, companies catering to other industries in addition to legal services, or fail to obtain the funding necessary to scale to the next level.

    3. Of the technologies introduced in these platforms we will see two interesting developments that will be a little different than the typical Q&A or forum platforms typically offered to consumers. These companies are adding better matching systems using algorithms, consumer preferences, and online behavior to match the legal needs of the individual with the appropriate legal guidance/forms and potentially with the best lawyer to handle their particular legal need. We will also see the expert systems in some of these platforms increase in sophistication as they learn and improve from user feedback.

    4. The focus of these companies’ services will start to shift more from business law and startup legal services to more personal legal services for the average consumer.

    5. We may see companies negotiating with other non-legal social media and networking applications for access to user data which may be used to help predict or identify consumer’s legal needs as a way to target advertising for their platforms.

    6. Lawyers will become more aware of the need for online marketing that extends beyond the use of social media and focuses more on brand building online using analytical tools that focus on ROI rather than just online reach.

    7. More lawyers, especially solos and small firms, will consider joining forces with one or more of these legal startups. Navigating those networks and figuring out how to convert any leads generated from them into paying clients will be a learning process for both the lawyers and the companies looking to maintain and develop strong relationships with lawyers. (more…)

  • Slides: Delivering Unbundled Legal Services Over the Internet

    These are slides from the ABA Annual 2012 presentation by Will Hornsby, Richard Granat, and myself.

     

  • Business Lessons for Lawyers:Unbundling in Other Industries

    This is an except including a checklist from my book Limited Scope Legal Services: Unbundling and the Self-Help Client, ABA LPM (2012):

    The economy does not exist in a bubble and neither should legal professionals. There are lessons to be learned from looking at ways that
    other industries have unbundled their services to create new or improved markets that adapted to changes in the global economy and the way
    consumers exercise their purchasing power.

    The Music Industry

    More than a few people in the music industry initially questioned the unbundling of music. Traditionally, a music producer would bundle a musician’s less popular recordings with the one or two singles that were commercially popular and charge a higher fee for the entire catalog of records on a CD. When iTunes presented the concept of allowing the consumer to pick and choose whichever songs he or she wanted from the hits and the not-so-popular songs, it revolutionized the way that music is purchased.

    Critics had to admit that it did not culminate in the downfall of the music industry or result in decreased sales. Instead, unbundling songs at a lower cost per purchase allowed the consumer to learn about the artists and their music offerings without making a large up-front investment in an entire album. If consumers liked the services, they would come back for the rest of the album, and the full album could always be downloaded from the iTunes store for the customers that wanted the entire recording.

    The Airlines (more…)

  • Illinois State Bar Ethics Opinion Discussing Virtual Practice

    I discovered another state bar ethics opinion related to virtual practice when researching ethics opinions for the online marketing tools book this weekend. The Illnois State Bar published Ethics Opinion No. 12-09 in March 2012 regarding multijurisdicitonal practice, choice of law issues, and unauthorized practice of law. Here is the text regarding the virtual office scenario:

    The advent of the virtual law office, or online legal practice, has raised several ethical challenges, including concerns about the unauthorized practice of law. Such issues can and should be analyzed under the framework of the Rules of Professional Conduct. See, e.g., Ohio Sup. Ct., Bd. of Comm’rs on Grievances & Discipline, Op. 2011-2 (October 7, 2011).

    In the context of a virtual law office involving lawyers from different states, each lawyer should take care that any out-of-state practice is not systematic and continuous. (more…)

  • Technology to Unbundle Legal Services

    Next week I will join Forrest “Woody” Mosten, Sue Talia, and Richard Granat for an ABA CLE webinar entitled “Unbundling in the 21st Century: Growing Your Practice with Limited Scope Representation.” I am most excited about the conclusion to this webinar where Mr. Mosten, the “grandfather” of unbundling, will discuss where he sees this delivery method going in the future.

    Please join us if you are interested in this topic. Most virtual law practices implement some form of unbundled service delivery so it’s important to understand the ethics issues and best practices that go along with it. For example, below is an excerpt from my book, Limited Scope Legal Services: Unbundling and the Self-Help Client, that discusses some of the technology that may be used in unbundling.

    Excerpt from Beginning of Chapter Seven: Using Technology to Unbundle Legal Services

    NEW DEVELOPMENTS IN INTERNET technology have made it even more efficient for a law firm to offer unbundled legal services. A law firm can employ different forms of Web-based applications that can be delivered over the Internet, depending on how much it wants to automate the unbundling process for greater efficiency in delivery. These tools may be used to generate legal work product or to provide decision-making tools to guide and assist a lawyer working with a client’s case. (more…)

  • Webinar: How You Can Deliver Legal Services Online, ALI-CLE

    I’ll be teaching a CLE about how to deliver legal services online this Thursday, August 16th from 1-2:30pm EST for ALI-CLE and co-sponsored by the ABA Law Practice Management Section. A copy of my Virtual Law Practice book in ebook format comes with the program. We’ll cover the following topics: Introduction to virtual law practice; Options for setting up your virtual law office including: case studies, document assembly and automation, and multijurisdictional law firms; technology and understanding security issues of virtual law practice; and Ethical concerns and best practices in online legal services.

  • ABA Annual: Delivering “Unbundled Legal Services” Over the Internet

    If you are attending ABA Annual in Chicago in a few weeks, please join myself, Richard Granat and Will Hornsby, for our CLE panel discussion about delivering unbundled legal services online. The program is sponsored by the ABA Standing Committee on the Delivery of Legal Services and will be held on Friday, August 3rd from 3-4:30pm. Additional educational materials will be provided to attendees. Here is the program description:

    The concept of delivering “unbundled” or “limited legal services” is not a new idea, but the idea becomes much more powerful when these legal services are delivered over the Internet as an online legal service. This program will help all law firms, but especially solos and small law firms, learn how to design an “online limited legal service”. Issues discussed include: designing and pricing the legal service; Internet applications that support online delivery; marketing “unbundled legal services online” ; ethical issues that need to be considered, including the creation and termination of the attorney/client relationship, the limited legal service retainer agreement, and confidentiality of client data. Existing models for delivering “unbundled legal services” online will also be discussed as well as the economics of this approach to online legal service delivery.

  • What Constitutes Virtual Presence?

    The ABA Commission on Ethics 20/20 has released a new issues paper entitled “Issues Paper Concerning Model Rule of Professional Conduct 5.5 and the Limits of Virtual Presence in a Jurisdiction.”

    The Commission’s previous issues paper regarding systemic and continuous presence under 5.5 came out last September and raised some of the same questions. I posted my summary of that here.  The Commission’s newest request for feedback on the issue of presence has a deadline of July 31st and they specifically request to hear from virtual practitioners who would be affected by any changes to Model Rule 5.5, in particular Comment [4] to Rule 5.5(b). The proposed change to this would state:

    For example, a lawyer may direct electronic or other forms of communications to potential clients in this jurisdiction and consequently establish a substantial practice representing clients in this jurisdiction, but without a physical presence here. At some point, such a virtual presence in this jurisdiction may be come systematic and continuous within the meaning of Rule 5.5(b)(1).

    Check out the hypothetical of a virtual law practice posted by Andy Perlman on the Legal Ethics Forum blog. I’m attending a LSC Tech Summit this week so a longer response from me to this new call for comments will have to wait. There are so many potential and emerging business models that incorporate virtual practice. I hope the Commission receives a variety of comments from practitioners.

  • Launch of Unbundling Book at ABA Techshow

    Last week at the ABA Techshow in Chicago, I was pleased to launch the publication of my new book on unbundling.

    Writing a book on limited scope services seemed like a logical next step in the process of reevaluating how the legal profession can adapt to the changes it faces as a result of disruptive technology, economic recession, Internet-empowered consumers and other factors that I discuss in the book. In my opinion, unbundling is a concept that underlies and works with all of the changes that legal visionaries like Richard Susskind, Jordan Furlong and others have been preaching to us for the past several years. I was grateful to Jordan Furlong for writing a wonderful Foreward for the book.

    The goal of this book is to educate lawyers and law firms on the processes they should to go through to responsibly add limited scope services as part of restructuring their delivery methods to adapt to changes in our legal marketplace. Whereas my other book on virtual law practice was geared more towards solos and firms that were interested primarily in online delivery methods, this book on unbundling is applicable to almost every firm structure from traditional to a hybrid virtual law firm, from solos to large firms and in-house counsel.

    It is not only individuals of lower to moderate means who are seeking limited scope services from law firms, but many more sophisticated client bases are keen on finding law firms that provide this. Accordingly, there is a great potential here for increased revenue for law firms as well as for the public to receive alternative forms of legal service delivery, increasing access to justice across the board. Naturally, the book covers the many ethics rules, best practices, and sometimes complex process of determining when unbundling is appropriate and when full-service is necessary. (more…)

  • Standing Committee Recommends Deletion of Problematic Advertising Rule

    Remember how I wrote that virtual practitioners may need to collaborate with “branded network concepts” when updating their marketing strategies?  I also argue that this is necessary in the conclusion of my new book on unbundling because it’s a major component in increasing overall access to justice. Apparently I’m not the only one who sees the potential benefits to the public and the profession from the availability of newer online lawyer advertising methods.

    The ABA Standing Committee on the Delivery of Legal Services has written a letter to the Commission on Ethics 20/20 providing its recommendations regarding lawyer advertising rules. In an interesting move, the Committee has recommended the deletion of Model Rule 7.2(b).

    For those of us in virtual practices who depend on online advertising methods perhaps moreso than traditional law firms, this would be a potentially revolutionary change to the rules. Model Rule 7.2(b) is the rule that prohibits a lawyer from giving anything of value for recommendation for his or her services with four exceptions. It is these exceptions and the speed at which online advertising methods have developed that has caused confusion and controversy over the past few years.

    The Committee’s letter provides a background on how changes in online advertising methods have impacted the options available to the public seeking legal services. Because one of the primary goals of the Committee is to increase access to justice for individuals of moderate income levels, they are quick to point out that these new online methods actually allow for individuals of all income levels to find both the lawyers that they could work with as well as other resources that empower them to make educated decisions about the legal services they might need. (more…)

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