Virtual Law Practice

Month: December 2010

  • 2010 Review of Virtual Law Practice in the News

    It’s time again for a recap of virtual law practice news and articles since my last compilation this summer.  As usual, the goal is to provide a resource of links to articles, podcasts, and videos that discuss developments in elawyering and the delivery of legal services online.  If you know of any others, please add them to the comments.

    “In the New Economy, Use New Strategies to Hire Law Firms”, New York Times, by James Flanigan, December 29, 2010

    “Law and Legal Affairs: Lawyer uses virtual fish to hook share of online market” , The Scotsman, by Martin Hannan, Dec 12, 2010 

    “Virtual law practice a real-life convenience,” Wisconsin Law Journal, by Jane Pribek, December 24th, 2010 (more…)

  • Law Firms Providing Unbundled Services Online to Meet Public Demand

    Gary Munneke, Chair of the Law Practice Management Committee, at the New York State Bar Association has written a thought-provoking article entitled “Dueling Sanctions . . .  And More” in a recent NYSBA publication.  He refers to an incident reported by the ABA Journal  about a law firm that came under heat from another firm for providing unbundled, self-help legal documents to individuals through the firm’s website. 

    By now our profession should be able to admit that we know consumers are going online in large numbers seeking out online legal services.  Typically they end up at an online legal service company that provides state-specific legal forms without attorney review.  In the worst cases, they are attempting to Google their legal needs and cut and paste together documents that they can’t afford an attorney to help them with. 

    Wouldn’t it be better if the public knew they had an alternative to these options and could actually obtain unbundled legal services from a licensed professional?

    Realizing that self-help legal forms and other free, educational legal content can be used both for the benefit of the public and as a marketing tool for the law firm, some attorneys are beginning to offer self-help services and resources through their website.  This gives them a competitive advantage over law firms that do not offer this online. 

    In many cases, the pro se individuals discover after downloading the forms that they could really use an attorney’s help in proceeding.  They end up going back to the firm that was willing to provide them with the DIY method first without charging them a $200 hour consultation first.  The attorneys posting these self-help documents on their websites realize the current availability of legal forms online and have identified the public’s interest in DIY legal assistance. 

    While firms some offer these forms for free, the attorney in the case discussed by Munneke charged $19.95 for the unbundled legal forms.  That has the potential to pull in a little extra revenue for the firm in addition to some potential prospective clients.  Not a bad marketing strategy that keeps that firm in the running with the online legal service companies.  Law firms that do not offer unbundled legal services, online or off, should reconsider how their firm is adapting to changes in the legal marketplace. 

    As Mr. Munneke writes in his review of this trend:

    Many services, some run by lawyers and law firms, and some not, make available a cornucopia of information, forms, and interactive advice. Although many law firms have eschewed online legal services delivery systems, and use their websites as online billboards, the trend in practice is for more firms to provide more services online. These online services will siphon legal work from pure bricks and mortar law firms in coming years.

    There are two trends here that should be closely watched in 2011:

    1)  The delivery of unbundled legal services is gaining renewed popularity, and

    2)  Elawyering methods, such as the use of a virtual law office and client portals, are growing as lawyers recognize their ability to use the technology to meet a consumer need and create a more efficient and cost-effective delivery of services.

  • Legal Cloud Computing Association Forms, Responds to ABA 20/20 Ethics Commission

    I’m excited to announce the formation of the Legal Cloud Computing Association (LCCA).  See the formal press release below my comments. 

    About two years ago when I was owner of VLOTech, Larry Port of Rocket Matter reached out to me, Jack Newton (Clio) and Richard Granat (DirectLaw) about forming a group to address the concerns that legal professionals had surrounding cloud computing.  At the time, we were noticing the many questions about cloud computing and security that would pop up on different practice management listservs.  We were concerned with the fact that so many attorneys didn’t seem to know much about cloud computing basics or where to go to get the answers.  The group loosely communicated back and forth on a Google group and over the phone about the best ways to educate the legal profession about the risks and benefits, but did not take any action until this fall when the ABA 20/20 Ethics Commission published its issues paper related to cloud computing.  

    I think it’s remarkable that these competing companies were able to organize an association and collaborate to draft a comment to submit to the Ethics Commission in response to the issues papers.   Since VLOTech was acquired by Total Attorneys last fall, David Dahl, the CTO of Total Attorneys, has taken over my role in the LCCA.  However, I was able to join in where I could and offered suggestions as a practicing attorney who uses cloud computing on a daily basis.  I expect that other cloud computing providers will get involved in the group as well adding to its knowledge base and expanding its ability to provide educational content to the profession.   I look forward to the LCCA continuing to take a role in helping to provide balanced technology education to the profession. 

    Below is the formal press release which links to the comment they submitted to the ABA 20/20 Ethics Commission addressing the following points:  1)  Desired form of the Committee’s Recommendations, 2) Minimal Set of Technology Standards for Cloud Computing Providers, 3) Model Terms of Service for Cloud Computing Providers, 4) Is Cloud Computing Outsourcing?, and 5) Cloud Computing Security vis-à-vis E-mail Security. 

    Legal Cloud Computing Association Press Release

  • Update: Alabama Ethics Opinion Permits Use of Cloud Computing For Client Data

    Alabama State Bar Ethics Opinion 2010-02, “Retention, Storage, Ownership, Production and Destruction of Client Files”

    This opinion addresses the following issues: 1) file retention policies; 2) how long a file should be retained; 3) what constitutes a client’s file; 4) what parts of the file can be destroyed; 5) the ethical considerations related to electronic data; 6) in what format and how the client’s file should be delivered; and 7) if the client can be charged for the cost associated with copying the file.

    Specifically addressing the use of cloud computing in practice management, the Ethics Opinion uses the “reasonable care” standard and covers the benefits as well as the potential risk.  The opinion refers to the Nevada State Bar Formal Opinion No. 33 and Arizona State Bar Opinion 09‐04 approving of third-party storage of law office data.    

    From the opinion: (more…)

  • A Revolution that Combines Humans & Computers

    Darryl Mountain, a fellow member of the ABA eLawyering Task Force, has just published “An Update and Reconsideration of Chrissy Burns’ ‘Online Legal Services-A Revolution that Failed?'” in the European Journal of Law and Technology, Vol. 1, Issue 3, 2010.   If you haven’t yet read Chrissy Burns’ article which she published as her PHD Dissertation in 2007 at the University of New South Wales. School of Law, start there first.

    Mountain’s article touches on each of Burns’ thesis points, including “the knowledge acquisition bottleneck, combining people and software, combining different technology paradigms, and combining people from different backgrounds.”  Mountain’s concludes that in the past several years since Burns’ thesis was published online legal services have continued to develop and grow in use among legal professionals and the public.  (more…)

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