Virtual Law Practice

Month: June 2012

  • 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.

  • Online Legal Services – Updated List for Big Law

    Ron Friedmann over at his Prism Legal Blog has posted an updated list of big law firms delivering online legal services. Neota Logic sponsored the updated list and most likely provides the technology that facilitates the online delivery process for some of the listed firms. (I am a fan of Neota Logic and have been sharing how it works and its potential with the law students I teach.)

    I share some of Ron’s thoughts about the direction that online services are heading at least in the Big Law arena. It’s difficult to see how the changes affecting the legal profession in the UK under the Legal Services Act with its encouragement of alternative business structures is not going to eventually trickle over to the US. In the process that will encourage technology companies and innovative law firms to adapt to alternative forms of legal service delivery, including online and those that rely on decision-making and document assembly and automation systems.

    It’s also interesting to see that financial services are the primary online service for most of these firms. I would hope that as the technology becomes more affordable to customize, firms will see the potential in adding other practice areas. They might consider adding those services in practice areas that are transactions-based and delivered online to supplement other unbundled or full-service offerings that are delivered traditionally. If you are keeping track of the development of online delivery, Ron’s post is a good resource.

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