Virtual Law Practice

Month: November 2010

  • Potential New Regulation of Online Advertising Will Negatively Impact Solo and Small Firm Virtual Law Offices

    There are two weeks left to submit comments to the ABA Ethics Commission 20/20 regarding its two issues papers related to cloud computing and online marketing.  I wrote about the cloud computing issues paper here, but as several fellow virtual law practitioners have pointed out to me, it is the second issues paper on the use of Internet-based client development tools that we need to be more concerned with. 

    I use most of the web-based “tools” that the paper addresses, including blogging, websites, and social and professional networking services.  I do not use pay-per-click advertising for my virtual law office.  I tried Google AdWords early on and found that I did not have the advertising budget to make it work effectively for my practice.  But without these other methods, I’m sure I would not have a virtual law office today.  At this point in my practice development, I use most of these methods to network with other legal professionals more than as a client development tool, but at what point does building a reputation for your practice turn into client development? 

    How could the virtual law practitioner possibly compete without using online marketing methods?  It would not be possible.  BigLaw firms setting up a virtual law office would have the financial resources to accomplish this, but certainly not a solo, small or even mid-sized firm.   LegalZoom, USLegal Forms and other online legal service companies are allowed to drop millions on aggressive, direct online advertising to the public.  Yet, online networking by attorneys is the big public threat?

    As a small business owner it seems absolutely ridiculous to me that I would be not be able to use the most current and effect methods of marketing my services.  I have been and always will be aware of and in compliance with my state bar’s rules and regulations regarding attorney advertising.  They are necessary, and I’m glad there are there because these rules set a high standard for advertising for professionals by ensuring that unscrupulous attorneys do not mislead or take advantage of the public.  It’s part of what sets us apart as a profession with a responsibility to the public we serve.  (more…)

  • Service of Process in a Virtual Law Firm

    More virtual law firms are springing up that combine a traditional litigation practice with the features of a virtual law office.  Members of these virtual firms use the online law office as a way to communicate and collaborate on case matters and to work remotely.  Their clients use the client portal as a way to keep current on the status of their case, review documents, avoid numerous in-office visits and to pay their legal fees online.  Some litigation practices, depending on the state bar’s rules, are foregoing the office lease and meeting with clients in shared office spaces with virtual receptionists (if you are a licensed NJ attorney, stick w/the brick & mortar expenses). 

    One of the questions I hear from litigation-based virtual law firms is how to handle service of process online.   (more…)

  • Adapt or Get out of the Way: Standards to Protect Client Property/Confidentiality Change

    Last week during a guest lecture on virtual law practice at the University of Dayton School of Law, the subject of protecting client property and confidentiality of client data in electronic communications came up again.   My prediction (perhaps overly optimistic) is that in the next few years the state bars will recognize that unencrypted email communication between attorney and client is not the highest standard.  The state bars will look at the newer data privacy laws in Nevada and Massachusetts and  reconsider why attorneys should be using unencrypted email in our profession while other business professionals are required to encrypt personal client data. 

    The standard that the ABA Model Rules of Professional Conduct and most state bars take is encapsulated in Rule 1.6 (a) of the ABA’s Model Rules of Professional Conduct.  This rule states “[a] lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation.…”  Specifically comment 17 to this rule provides that lawyers must take “reasonable precautions” to safeguard confidential information and prevent it from going to unintended recipients during the transmission.   The ABA Formal Opinion No. 99-413 added in March 10, 1999 specifically allows for the use of unencrypted email. 

    “Reasonable precautions.”  What qualifies as “reasonable” should change as technology to communicate with our clients and other professionals develops and security risks in those electronic methods are exposed.  (more…)

  • Avvo Webinar Posted: How to Operate a Virtual Law Office

    Here is the recording from the webinar I presented on November 9th for the Avvo blog.  It provides an introduction to virtual law practice, looks at some case studies of how attorneys are setting up virtual law offices and then dives into researching the technology, ethics issues and ends with marketing a virtual law office.  This webinar had great interaction from the attendees who broke up the presentation with thoughtful questions. 

    [As a side note, I finally claimed my Avvo profile this month.  I was hesitant because I wasn’t sure how their rating system would handle a virtual law office.  Most referral databases are limited by geographic location and just don’t work well with a virtual law office that draws clients from across the attorney’s jurisdiction rather than their place of business or residence if they work from home.  I was pleased to find out that I could post my PO Box address rather than my home address in the profile.  The fact that I operate a virtual law practice did not seem to hurt my ratings at all. ]

  • WSJ Article Showcases Benefits of Fixed Fees, Virtual Law Practice

    Today’s Wall Street Journal has an article entitled Legal Advice…on a Budget featured in a special report section about small businesses.  The article discusses how some law firms are offering fixed fees and discounts for start-ups.  Firms that they profiled for the article report growth in small business clients who are attracted to the service. 

    The article mentions that some law firms will insist on these fixed fee services being conducted by phone rather than in the law office while others will require email.  The article lists some of the precautions of offering limited or unbundled legal services, but states “[s]ome entrepreneurs, however, say that they don’t mind, since they’ve gotten used to dealing with customers that way to save time.”    (more…)

  • Massachusetts Lawyers Journal Article on Virtual Law Offices

    Check out the latest issue of the Massachusetts Lawyers Journal for an article I wrote about operating a virtual law office.  It covers the basics, ethics issues and marketing and was compiled from three guest posts that I wrote for Mass LOMAP this past summer.  From the publication:

    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….

  • Accepting Nominations for the ABA Keane Award for Excellence in ELawyering

    If you are an attorney or law firm that uses technology in innovative ways to deliver legal services to your clients, please consider filling out a nomination form for the ABA’s Keane Award for Excellence in ELawyering.  Or if you are aware of an attorney or law firm that deserves recognition for the innovative use of technology to deliver legal services, please consider nominating them. 

    From the Task Force website:

    The purpose of this Award is to give recognition to law offices that have developed legal service innovations that are delivered over the Internet. The focus of the Award is on the innovative delivery of personal legal services, with special attention given to firms and entities that serve both moderate income individuals and the broad middle class.

    More information about the Award and the nomination criteria is here.  The Award is given out by the eLawyering Task Force at the ABA TECHSHOW in Chicago usually following the keynote speaker (and I’m thrilled to say this year that speaker is Professor Larry Lessig!)  Nomination forms are due January 14, 2010.

  • Free Webinars on Virtual Law Practice

    Please join me this week for two different webinars related to virtual law practice.   Both are free sessions that you can register for, but each will take a different approach in covering the topic.

    How to Operate a Virtual Law Office and Deliver Legal Services Online – Tuesday, November 9, 10:00am PT, AVVO Blog: Register Here

    In this webinar, I will provide a basic introduction to virtual lawyering that will cover the practical aspects of operating a virtual law practice and delivering legal services to clients over the Internet. The session will also include a discussion about unbundling legal services and the ability to use document assembly and automation to streamline the delivery to clients online while maintaining a high standard of quality legal services. Ethics concerns will also be addressed as they relate to the daily operation and best practices for a virtual law office.

    The Virtual Law Office: What It Is & How to Use It, Thursday November 11 at noon EST, Law Practice Strategy with Donna Seyle, Register Here.  

    During this webinar, Donna Seyle and I will discuss how a virtual law office can be integrating into a traditional law practice or run as a completely web-based practice delivering unbundled legal services online.   This webinar will be more of an interactive, interview-style session, and I’m looking forward to having a good conversation with Donna and the webinar attendees about virtual law practice, the technology, security, ethics, and practical implementation issues.

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