Category: Educational

  • Virtual Lawyering In the News & Upcoming Presentations

    Online posts and podcast:

    Jim Calloway and Sharon Nelson have published a new podcast on The Digital Edge entitled “Virtual Lawyering Goes Mainstream.”  Calloway and Nelson discuss ways that virtual lawyering is starting to take off within the legal profession. 

    Over at the Slaw.ca blog, Sharon Nelson and John Simek has a post entitled “The Virtual Lawyer Stampede.”

    Jim Calloway also discusses virtual lawyering on his practice management blog under the post “Virtual Law Offices Are Becoming a Real-World Alternative.”

    Live Presentations:

    I will be participating in three events at the ABA Annual Meeting in San Francisco in a couple weeks that are related to virtual law practice.  

    • August 5th, Thursday, 10:30am, 20/20 Vision: The Impact of Technology and Globalization on Ethics for the 21st Century Lawyer. This is a panel discussion in which I will be touching on cloud computing and virtual law practice.
    • August 5th, Thursday,12:30 to 2 pm, Legal Rebels: 10 Ways to Build Your Perfect Practice and Career.  I will be attempting to give a 6 minute presentation of 20 slides on a topic related to elawyering.
    • August 6th, Friday, 2:00 p.m. – 3:30 p.m., The Virtual Law Firm: How to Build Your Practice in An Online World.  I will be presenting with Will Hornsby, Richard Granat and Marc Lauritsen at this session.

    Update (via elawyering blog):  

    eLawyering Task Force Meeting, Saturday, August 7, 2010, Hilton Hotel, Union Square, 9:00 – 11:00 A.M.Open Meeting
    National Conference of State Bar Presidents, Joint Workshop 3A – Keeping Pace with the Evolving Practice of Law

  • Massachusetts LOMAP Blog: Intro to Virtual Law Practice & Unbundling Legal Services Online

    I’ve written the first in a three-part series of guest posts for the Massachusetts Law Office Management Assistance Program (Mass LOMAP). The series covers a basic introduction to virtual law practice and delivering unbundled legal services online.  The other two posts will discuss marketing best practices and ethics issues in virtual law practice.  From the first post:

    Two influential forces are driving attorneys and law firms to consider delivering legal services online. The first is the increase in our clients’ expectations for more accessible and affordable legal services through the use of technology. The second is the changing landscape of the legal marketplace and the need for firms to find different means of obtaining a competitive advantage. Larger law firms continue to downsize and consider outsourcing, and more attorneys, many newly-licensed, are opening solo and small firm practices across the country. Virtual law practice provides a way for the legal profession to meet the needs of the general public for greater access to justice, while also addressing the practice management needs of the professionals who serve the public.

    Check out the rest of the guest post.  I’ll post links to the next two in the series when they go up on the LOMAP site.  Thanks to Jared Correia for the opportunity to share this information!

  • Upcoming Webinar/CLE – How to Operate a Virtual Law Office and Deliver Legal Services Online

    On July 13th and 14th, I will be presenting a two-part webinar with CLE credit for the North Carolina Bar Association on the topic of creating a virtual law office and delivering legal services online. 

    The first part will be a basic introduction to virtual law practice and how it is used by both completely web-based law firms and traditional law offices for law practice management.  We’ll look at case studies along the way.  This first part will also examine the technology used to create a virtual law practice and include a discussion of the ethics risks that are unique to this form of law practice management and ways to mitigate the risks. 

    The second part of the webinar will focus on the practical how-tos of setting up a virtual law office.   If you are interested in joining me, you can register for the webinar on the NCBA site.

  • Podcast: Exploring Virtual Law Practice

    Last week I had the honor of being interviewed by Jared Correia, Law Practice Management Advisor with Mass. LOMAP, for The Legal Toolkit podcast.  We discussed virtual law practice, the technology and security that is involved in operating a virtual law firm, the benefits of delivering legal services online for the public and attorneys, and about the place virtual law practice will hold in the future of our profession.  To listen to the podcast, please visit The Legal Toolkit.

  • Does the Internet Make You Feel Risky?

    Oh, yet another excuse to not take responsibility for individual action and blame it on the technology instead.  *sigh* 

    Seriously, this article just annoyed me to no end.  The National Law Journal published an article entitled “Lawyers’ Ethical Stumbles Increase Online” and then proceeded to give the most outrageous example of an incredibly irresponsible attorney using email to share pictures of a deceased individual from a case along with lewd commentary of his own in the email. 

    First of all, this guy is not using social media; he’s using email.  Email use in the law office at all for any communication regarding a case is not secure because it’s typically not encrypted.  Second, given the immaturity of the action, this is probably the same type of individual who goes out to the bar on the weekend with his buddies and discloses confidential information from cases with them while having a few beers.  I don’t think it’s anything related to a new “method” of communicating that caused this breach, just a question of education on the part of the attorney.  The article then goes on to give several other outrageous examples of attorneys misusing everything from email, to Twitter to blogging in isolated incidents.

    Don’t get me wrong. I think it is great that there are so many organizations out there concerned with the use of social media by attorneys.  Surprisingly, there are many attorneys out there that do need guidance on how to use something as simple as email or Twitter to communicate — or refrain from communicating — as the case may be.  I know that the ease of which we chat online through different Internet-based technologies makes it seem like the risk is higher.  But I would disagree and say that it depends on the individual and their knowledge and use of the technology. 

    For me, I’m way better off communicating by writing.  I can edit, re-edit, delete, be absolutely sure what I am saying or sending before it goes out.  Get me on the phone, put me on the spot in front of a group of people and it’s a completely different situation. My tongue ties, I end up saying more than I should or am too shy to speak when I need to, and usually regret my speech or omissions later.   This preference  just depends on your personality and skills.  Not everyone communicates the same way.  

    However, we all learn ways to cope with other methods.  As I practice public speaking more I’m learning to think longer before I speak or to ask if the audience understands me clearly before jumping onto another topic.  Similarly, attorneys who are new to social media and perhaps not as educated about technology and security issues need basic guidance for the best ways to use those methods and they need to practice them – not jump from using a fax machine and phone into marketing their firm on Facebook and Twitter. 

    Just because everyone is using social media doesn’t mean that all attorneys should use it unless they know how to draw the necessary lines that it requires.  That’s one of the downsides to being an attorney – no matter where we go or what we do, we are legal professionals and can’t escape that by going online.  It’s a huge responsibility, almost a burden sometimes when you just want to hop on Facebook and chat with your college buddies about things that you would prefer your clients and colleagues didn’t know about.  But as professionals in this new media, I think we have to be careful about those lines that we draw and remember that even when we are not working on our clients’ case, they are still our clients and we carry that burden of protecting their information. 

    But adding ethics rules restricting the use of social media is not the answer because many of us do use these methods to communicate effectively and efficiently with our clients and other attorneys and we do respect the technology and use it responsibly.  The few bad seeds should not ruin this for the rest of us.  Remember, the methods that we attorneys find to cut costs and more efficiently work with our clients trickles down to the clients in reduced legal fees and more accessible legal services. 

    Legal ethics expert Michael Downey said lawyers’ tendency to be risk-averse seems to fade away on the internet. “They’re disclosing confidences, talking about pending matters, they take potshots … like everyone else,” said Downey, immediate past chairman of the American Bar Association’s Ethics and Technology Committee and a member of the ABA Center for Professional Responsibility.

    Social media must be like a shiny new toy for some attorneys that they are eager to try out and show off.  Maybe that is what makes their actions online seem more “risky.”  Maybe it’s because some of these communication methods so closely connect our personal lives and personalities with our professional that some attorneys have trouble holding their tongues.  I’m not sure, but even Mr.  Downey, cited above, “suspects the current rules ‘are probably adequate.’”  

    My personal opinion is that this is yet another learning phase for our profession that we are smack in the middle of.  The high-profile examples of stupidity cited in this article are the lessons learned by others. These stories will teach other attorneys who are not using the technology responsibly about the risks. 

    For those attorneys who prefer to educate themselves about technology, security and social media BEFORE jumping in (& I highly suspect this is still the MAJORITY of our risk-averse profession), the ABA LPM and state bar associations can provide that education and guidance.  Rules and regulations that will stay in place for years and cover all of us  should not be written as a reaction to a minority of irresponsible attorneys who fail to educate themselves before acting.   There are already outdated rules on the books that hinder the use of technology to deliver legal services online, for example, the bona fide office rule.  

    There are some great books written by and for attorneys on how to deal with social media that have recently come out.  Niki Black and Carolyn Elefant’s book published by the ABA LPM is one example that comes to mind.  I just wish this article had ended by citing one of those books, recommending a resource for attorneys or at least reminding the reader that while there are these bad seeds out there, there are many other attorneys using the Internet ethically and responsibly to serve the public.

  • Twitter Debate about Virtual Law Practice

    UPDATE: The transcript from the Twitter debate is posted on the ABA Journal.  Overall, the feedback I received from others regarding the event was positive.  A lot of valuable information and opinions shared on both sides with some fun side debates, including one started by @LisaSolomon. Looking forward to the next event hosted by @22Tweets!

    Please join me and Brian Tennebaum as we debate virtual law practice on Twitter this Friday at 2pm EST.  The hastag to follow is #22TwDb.  Richard Granat, a mentor and fellow leader in the field of virtual law practice has already published an entertaining blog post  in preparation of the debate.  I was also going to prepare 140 character tweets ahead of time, but I think I’ll accept the challenge of thinking out responses at the keyboard as they come to me.  Looking forward to a productive and educational dialogue!

  • Microblogging about VLOs

    Yesterday Martindale Hubbell’s Connected kicked off an event centered around virtual law firms with a two-hour Twitter conversation hosted by Larry Bodine. You can read through all of the tweets by running a search for #MHVT on your Twitter account. There was a lot of great discussion about how to define a VLO, what they are used for — for the benefit of the attorneys or the clients or both, what types of online work generate the most revenue on a VLO, what some security concerns are with delivering legal services online, and how to market a VLO. Below are my contributions to the discussion.

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  • Upcoming Events in March Related to Virtual Law Practice

    The South Carolina Bar Association is hosting a session entitled “The Virtual Law Office: Making It Work for You”, Friday, March 12 at 9:00am.  This session, taught by yours truly, will be a live webcast or if you are in Columbia, South Carolina, please join us at the Bar Center. In this three hour session, I’ll be covering how to start-up a virtual law office including both the practical how-tos as well as the ethical issues related to using technology to deliver legal services online.

    Martindale Hubbell Connected is hosting a two week event on virtual law practice.  If you are a member of Connected (a free social/professional networking site), join up with the groups Virtual Attorneys or Virtual Law Firm.  If you are not a Connected member, then join us for the Twitter discussion.  Here is a list of the scheduled events and participants:

    Special Postings — guest blog posts by Bradley Clark, Donna Seyle, Alan Wernick, Carolyn Elefant, Stephanie Kimbro, and Richard Granat.

    Live Twitter Discussion “Value Tweet” — hosted by Larry Bodine on March 16, 2010 at 12pm EST this discussion will explore the value that virtual firms provide to buyers of legal services

    Webinar — starring Carolyn Elefant, Stephanie Kimbro, Alan Wernick, and Richard Granat on March 31 at 12pm EST.

    ABA TECHSHOW, March 25-27th in Chicago, has several sessions on the paperless practice and practicing law in the cloud.  Be sure to check out “Going Virtual with Web Applications: New Forms of Practice” presented by Will Hornsby and Marc Lauritsen.   I’ll be attending the show this year if anyone wants to meet up.  Send a note to @StephKimbro to connect.

    The next Virtual LegalTech will be on March 18th from 9-5am EST.  It’s a unique way to network online with other attorneys, attend educational sessions and check out the exhibitors. One session that might be of interest to the attorney with a virtual law practice: “Developing a Comprehensive and Legally Sound Social Media Policy.”  You can hop in and out of this event throughout the day which makes it really convenient.

    Know of any other upcoming events that might be related to virtual law practice?

  • Presentation on Virtual Law Practice for Ethics Commission 20/20

    ABA Ethics Commission 20/20 PresentationThe ABA’s Commission on Ethics 20/20 held a public hearing at the ABA’s Mid-year conference in Orlando, Florida to discuss topics related to their Preliminary Issues Outline.  On Friday, I was honored to be invited to speak to the commission about virtual law practice. The ABA Now wrote up an article about the hearing and presentations here.  

    Below are slides from my presentation at the hearing.  The text of the hearing should be available on the ABA’s website at some point in the near future.  I am happy to report that the Commission is making a great effort to educate itself on the subject of virtual law practice from the benefits to the concerns related to this form of law practice.  I hope to have the opportunity in the future to share additional information on the topic with its members. 

    Virtual Law Practice – ABA Commission on Ethics 20/20

    View more presentations from Stephanie Kimbro.

  • Lawyerist Guest Post on Setting Up a Virtual Law Office

    My guest post for the Lawyerist, Adding a Virtual Law Office to your Practice, went up today.   From the post:

    Delivering legal services online is a growing method of law practice management as both attorneys and clients find ways to benefit from the use of the technology. However, a virtual law office (VLO) is not only for attorneys wanting to operate a completely web-based practice; it can integrated into a traditional, brick-and-mortar law practice, too.

    Read the rest of the post.

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