Category: SaaS

  • 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.

  • Update on Ethics Inquiry into Cloud Computing

    UPDATE:  I received an email from the ethics committee with the following information: If you would like to submit a comment on the proposed opinion regarding cloud computing, the deadline is July 9, 2010 and the comment should be directed in writing to Alice Mine at the N.C. State Bar. Further information on the ethics opinions is located on this site. 

    Here is a brief update from the NCBA LPM Council this morning regarding the status of the cloud computing inquiry. 

    Proposed 2010 Formal Ethics Opinion 7The NC Ethics Committee met on April 15th and discussed whether attorneys could use SaaS and still observe the duty of confidentiality owed to clients and the duty to preserve client data.  The Committee voted to publish the opinion for comment.  I’ve posted a copy of NC Bar Proposed 2010 FEO 7 online.

    To summarize, the proposed opinion states that an attorney may contract with a SaaS vendor provided the attorney takes responsible measures to ensure the risk of loss is minimized.  To note, the opinion does not require that the attorney employ “infallible methods” but makes the standard one of “reasonable methods” to reduce risk.  The proposed opinion also provides that the lawyer or law firm should be able to answer a set of questions to ensure that client file information is reasonably safe.  The proposed opinion provides a list of 23 questions some of which include inquiries into the financial information and stability of the vendor. 

    In general, Inquiry #1 of the proposed opinion is positive about the use of SaaS for law practice management.  Inquiry #2 discusses “best practices” for the use of SaaS, and the Committee will most likely refine this before formal publication by sending it to a subcommittee.  After publishing the proposed opinion in the next issue of The State Bar Journal, the Ethics Committee will re-examine the proposed opinion at its July 22nd meeting.

  • NC Bar Ethics Committee Reviews Cloud Computing Inquiry

    For some reason, a firm here in my home state decided it was in their best interest to ask permission of the NC State Bar before using a SaaS product.  *really big sigh*  So now those of us who have been using SaaS applications for years for everything from email, tasks and calendaring to delivering legal services online now have about one week to step forward to provide comments related to the inquiry. 

    The question posed was:  

     Is it within the RPC for an attorney/law firm to use online (“cloud computing”) practice management programs (e.g., the Clio program) as part of the practice of law?  These are instances where the software program is accessed online with a password and is not software installed on a computer within the firm’s office.

    (more…)

  • Technology at Techshow to Enable Online Delivery of Legal Services

    Exhibitor Hall at this year’s ABA Techshow has a number of different web-based technologies that allow  for attorneys to take all or portions of their practice online.  Most of them seem to be practice management applications, and not so much geared towards working online securely with clients. However, there are a few new developments that assist virtual law practice that warrant mention.  

    DirectLaw and VLOTech are again this year the two products intended for the online delivery of legal services. (By way of disclaimer, and as most of my readers know, my husband and I co-founded VLOTech which was acquired by Total Attorneys this past fall).  Both products are SaaS, but with different features and focuses so they will appeal to different types of law practices.  Both products facilitate the unbundling of legal services online and from my exploration of the exhibitors’ booths there are not any other products at the show this year that focus on unbundling legal services for online clients.  DirectLaw has recently launched a new site for members of the public to locate a virtual law firm, MyLawyer.com.  If you operate a virtual law practice, you should see about getting a listing in their directory.  (more…)

  • Online Document Signing for Your Virtual Law Practice

    One of the questions I hear regularly about virtual law practice is related to the execution of legal documents and how that process can be handled through a virtual law office.  I’ve written before on this blog about the establishment of the attorney/client relationship online and how an attorney may rely on a clickwrap agreement to ensure that the client has read and accepted all of the terms and conditions and the scope of the legal representation that will be conducted online. 

    I use a clickwrap to serve as the engagement letter for my virtual law office.  Other attorneys will use the clickwrap in addition to uploading a traditional engagement letter for the online client to sign, scan and upload back to the virtual law office.  There are many other examples of when an attorney may need to have his or her client sign a document.  Having the client give the attorney a Power of Attorney to act on the client’s behalf is one of those situations. 

    Enter Right Signature.  This application provides a way to obtain a legally enforceable digital signature on a document without your online client having to own a scanner or having to go to the trouble of printing it, signing it and uploading it back to you on your virtual law office.  (Many thanks to Lee Rosen of the Rosen Law Firm for pointing this product out during our recent CLE presentation). 

    You can try Right Signature for free to see if it would work for your virtual law practice.  It has authentication and security technology that make the digital signatures binding and legally enforceable.  The product is a SaaS hosted application so the documents and the digital signatures are stored on a secure server.  The process is really simple for your clients to execute so it may actually be faster to get them to sign digitally online than requiring them to upload a traditional, scanned-in signature on a document.  As a useful tool for your virtual law practice, I’d say this one is worth the monthly $14 fee if you need your clients’ signatures on a regular basis or don’t want to rely on the clickwrap agreement alone.

  • Top Ten 2008 Developments in Virtual Law Practice

    Happy New Year!  The following is my list of the top ten developments in the delivery of legal services using technology that have happened in the past year.  Please feel free to expand on this list in the comments.  I’m also including at the end my predictions for virtual law practice in the new year.

    1.  Richard Susskind’s book, The End of Lawyers? Rethinking the Nature of Legal Services, is published.  The book discusses “disruptive technologies” that allow attorneys to provide legal services online.  Susskind predicts that attorneys who adopt rather than resist these changes in the technology used to deliver legal services will prosper as the profession adapts to marketplace changes.  The public’s need for affordable and accessible legal services will drive the legal profession’s use of technology to meet this demand.

    2.  State bars and other professional legal organizations offer CLEs and sessions geared at teaching attorneys best practices and security standards for using technology in their law practices.  Popular topics include email security, online backup solutions for law office data, minimizing metadata and using scanners to decrease the use of paper.  See the ABA’s Legal Technology Resource Center’s website for a list of 2008 articles.  In addition to increased law and technology management education in the profession, several state bars provide specific ethics decisions with approval for virtual law offices (VLOs) and/or allow for attorneys to provide unbundled legal services online.

    3.  More attorneys turn to piecemeal technologies and free online apps to collaborate with each other and their clients online.  Basecamp, Google Docs, Adobe ConnectNow, Webex, GoToMeeting, and Dimdim are a few of the popular web-based tools.  

    4.  New web-based, software as a service (SaaS) law practice management products launch, including Rocket Matter and Clio.  Popular legal blogs and listservs discuss the pros and cons involved in the use of “cloud computing.”  The discussions center on the security and backup concerns with a hosted system.

    5.  VLOTech sets up web-based, virtual law offices (VLOs) in Alabama, Maryland, South Carolina, Texas and Virginia with more VLOs planned in Alaska, New York, Pennsylvania, Tennessee and North Carolina for the upcoming year.  The technology aims to provide attorneys with the flexibility to operate a completely online law office or to combine the technology with a traditional law practice and offer unbundled legal services online.  “VLO” becomes a more recognized term for a web-based virtual law practice and elawyering.

    6.  Virtual Law Partners opens its doors as the newest example of BigLaw using technology to allow its attorneys to work remotely and collaborate on legal cases.

    7.  LegalZoom comes under fire over filing fees that the legal document service company charges to online clients, in particular in relation to the filing of trademark applications with the USPTO.  Critics of invention submission companies and of companies that provide form-generated legal documents in general spoke out about what they saw as the potential misleading of the public by online companies offering legal services where an attorney was not involved in reviewing the final legal product. 

    8.  With more attorneys practicing law using mobile devices and relying on electronic forms of communication with clients and other attorneys, management of electronically stored information (ESI) became more of a concern.  Solos and small firms are expected to understand e-discovery and ESI management in their daily practices.  Check out the archives of the EDD Blog co-authored by Bob Krantz and Jeffery Fehrman.

    9. Larger numbers of attorneys adopted popular online social networking tools to meet up with others in the legal profession.  Twitter, Facebook, LinkedIn, Legal OnRamp, JD Supra and other sites connect attorneys with each other and prospective clients. 

    10. Some useful law and tech/practice management blogs came online this year, including Law 21, Above and Beyond KM, 3 Geeks and a Law Blog, and Law Practice Matters, among others.  Blogging continues to grow as an attorney marketing tool and is used as a method of providing the public with basic legal information and resources. Law blogs remain a method for attorneys to educate themselves and network in their individual practice areas.  The Louisiana State Bar’s proposed rules of professional conduct touch on attorney blogging, social networking and other forms of online attorney communication causing some concern and originating in a lawsuit from attorneys in that state. 

    My predictions for virtual law practice in 2009:

    1.  Attorneys will continue to question web-based, hosted software providing law practice management tools. However, companies providing SaaS legal products will band together to establish standards regarding the security of their products for the benefit of the legal profession and the reputation of the companies and the saas business model. 

    2.  The ABA will move forward with proposing standards or policies for the delivery of legal services online. The eLawyering Task Force as well as the Standing Committee on the Delivery of Legal Services will both play a critical role in establishing these guidelines.

    3.   Attorneys hit hard by the downward economy will seek out ways to minimize their law practice overhead using technology.  Some will use piecemeal software solutions to minimize overhead in law office administrative tasks. Others will consider opening completely web-based VLOs to get rid of the law office lease and expand their client base statewide or nationwide depending on their practice areas.  

    4.   More attorneys will realize that customer service is the key to growing a successful practice and that the public is demanding more efficient and convenient legal services through the use of technology.  This will prompt more attorneys to provide unbundled legal services online to clients either as the sole form of virtual law practice or in addition to their traditional law office practice.

  • SaaS and the Virtual Law Office

    There has been an interesting dicussion on the ABA’s SOLOSEZ listserv lately about web-based legal software. Some of it has been a tad hostile with a couple members completely opposed to web-based software and others hailing it as the future of legal software. There have been two fairly recent web-based legal software releases: Rocket Matters and TrialManager. Ken Obel of Nextpoint wrote a guest post on The Inspired Solo this week addressing some of the objections to SaaS. I’m guessing it’s the release of these applications that have started the discussions about SaaS, how it works, and all the pros and cons of a web-based application.

    I’ll have to take the middle road on this discussion. I believe SaaS can be a cost-effective tool that attorneys can use to manage their legal cases (TrialManager) and even operate their law practices online (VLOTech). However, I’m not sure that SaaS is the end-all-be-all for the management of every solo or small firm practice. It doesn’t have to be the sole legal software product used by an attorney. It can be effective as a complementary software as well. The web-based product(s) an attorney choses depends on what he or she needs for the individual law practice and on his or her comfort level with SaaS and the company providing the service.

    My advice: Before you chose to go with a web-based application, check into the company that will be providing the service and handling your valuable data. If they won’t be upfront about all the “what if” situations and if they don’t have policies in place to protect their customers, then I wouldn’t go with them.

    My mind is on this a lot lately because I’ve been working with Ben Norman, co-founder of VLOTech, to create the content for the company’s website which is being professionally re-done. We are drafting a Faqs page that goes into all of the questions we think the customers might have about the Virtual Law Office Technology, SaaS and web-based applications in general. VLOTech really wants the customers to be educated on the topic and to feel like the company is being upfront from the beginning. I think that’s the best approach to take with a web-based legal software application because attorneys are in general very skeptical of new products. It will be interesting to get feedback and see if I’m right about this.

  • WSJ Mentions Virtual Offices – Software as a Service to Replace Software

    Software as a Service (SaaS) is starting to replace software that you install on your PC. It’s simpler to use and more cost effective for the user because they do not individually have to worry about keeping up to date on security or backing up their data. The company that provides the SaaS does this for the user.

    Marc Benioff, CEO of Salesforce.com, Inc., a company that makes online services that aid salespeople in keeping track ot their customers, told WSJ reporters in the Business Technology section of Tuesday’s paper that “I think the big news is that there will be no office. The office is becoming more virtual every day, and the technology that’s making that happen is the huge wave of mobility….”

    Software as a Service is what my virtual practice runs on. Virtual Law Office Technology is SaaS. I don’t have to be a computer whiz or keep current on every security patch that is needed for software on my PC. Instead I can spend that time building my practice. I was thrilled to read this article in the WSJ about the “future built on platforms.” Lexis and Westlaw, take note.

    Consider the time and money an attorney could save using SaaS to run a virtual practice rather than having to keep up on security updates, hardware for backups and storage of critical data.

  • VLO as a Web Application

    TechnoLawyer’s 2008 Predictions for technology as it pertains to the legal profession came out this week. I was pleased to read that web applications were at the top of the list. Here’s an excerpt

    3. Web Applications Inch Towards Greater Acceptance
    Web applications will continue to make inroads in 2008, but they will not displace desktop software anytime soon. A Web application can do almost anything a desktop application can do. And now that lawyers have become accustomed to online banking and online backups, concerns about confidentiality have largely vanished.

    My vlo is a completely web-based application (Software as a Service, SaaS). Reading through the examples that TechnoLawyer includes, I don’t think the legal profession has really been introduced to web applications to the extent that vlo technology takes it.

    TechnoLawyer is certainly right about the security and confidentiality concerns. The security is only good as long as the provider of the web application keeps its eye on new security issues as they arise and is prompt about making updates to the software.

    The public is ready to add legal services to the list of transactions they are comfortable handling online.

    In order for the solo practictioner and even BigLaw to compete with the legalzooms and nololaw.com websites that are out there providing “fill-in-the-form” legal documents and generic legal advice, legal professionals should consider the benefits of a virtual law office. A vlo uses technology as a web application to provide the public with more efficient and convenient legal services while still maintaining the quality that can only come from a client communicating directly with an attorney rather than an automated document-generator.

    I’m excited to get more attorneys up and running with this method of practicing law. Yes, I’m shamelessly plugging the software that my husband and I have spent over two years developing and continue to perfect, but it’s working for my solo and I believe in it.

    Bring on 2008.

  • Supporting Virtual Law Practices

    Keeping up with blogging has been impossible between running my online law practice, raising an 18 month old and forming a new software company. I’ll do my best to provide a brief update.

    In June, we filed a patent for the virtual law office software and business method. We formed a company called Virtual Law Office Technology, LLC (VLOTech). The company provides software that connects legal professionals to the online community. To view a beta version of the software, please visit my law practice, Kimbro Legal Services at www.kimbrolaw.com. We have drafted a detailed business plan and are currently seeking angel or other investors to assist in getting the company up and running.

    A handful of attorneys in several states have shown interest in being some of the first attorneys in their states to set up virtual law practices. A couple are interested in integrating them into their existing practices and others are interested in having a completely virtual, homebased law practice. I have about a couple attorneys a month contacting me and that’s with zero marketing effort. I’m very excited about the potential that this has not only to offer a greater work/life balance for attorneys and another way to profit in their businesses, but also that it will offer more affordable and accessible legal services to the public.

    After over two years of research on the virtual law office as a business method for the legal profession, I feel very strongly that it is a great alternative way of providing unbundled legal services. An attorney could combine it with an existing brick & mortar law office and expand their client base to anywhere in the state(s) in which they are licensed to practice law. The software and business method provide for a number of different business applications. When we have more marketing materials ready for the company, I’ll post a link to those and the demo of the software. For now, we are working hard on the website content for VLOTech.

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