Virtual Law Practice

Tag: attorney collaboration

  • BigLaw Attorneys Taking to Virtual Law Practice

    The ABA Journal published an online article today about the progress that Virtual Law Partners (VLP) has made in recruiting attorneys from large law firms.  One of the reasons for the growth is the downturn in the economy and large law firm layoffs.  The beneficial reasons cited for the move to a virtual law firm by the former BigLaw attorney include having to put in fewer billable hours for the same return in client revenue and he was able to take with him the majority of his clients and continue to work with them remotely.

    VLP has an interesting structure for a virtual law practice because each attorney in the virtual firm works independently, but all of the attorneys pool resources as a single network.  I’m not clear on the actual technology and security they use to work remotely with each other or with their clients.  However, it will be interesting to see how their network holds up as it continues to grow and add attorneys.

    From their example, solos and small firms can see the benefits of practicing law online and how this option can be available for an attorney who may never have been interested in working for a large large firm.  It does not take the infrastructure of a brick and mortar law office with a huge staff and a fortune in marketing and advertising to be able to provide quality legal services to the public online.  As the way of the future, virtual law practice will allow the solo practitioner and small firm to really compete on the same level and to form the same online and social networks as attorneys who formerly worked for BigLaw.  It’s already happening on a small level and will continue to grow as the technology remains affordable and allows for increased attorney collaboration.  The playing field is leveling off.

  • State Bar Regulation of Online Lawyer Communication

    I have been fielding questions lately about the recent lawsuit filed in Louisiana regarding the Louisiana State Bar’s new proposed Rules of Professional Conduct and how they may affect blogging and other online social networking.  Attorneys operating virtual law practices tend to use blogging and other online communities in their daily law practice for the purpose of client development as well as to network and collaborate with other attorneys. 

    As I’ve worked with other attorneys nationwide to set up virtual law offices, I’ve been reading through different state’s bars rules of professional conduct and ethics decisions related to electronic communication and advertising.  Every state seems to have a different understanding of how attorneys are using the Internet in their law practices.  Sometimes it’s an archaic understanding and at other times it’s just not informed enough from a technology perspective to provide the guidance to attorneys as it was intended to do. 

    The new proposed Louisiana rules regulate lawyer advertising on blogs and other social networks and will go into effect in April of next year.  The lawsuit, brought by a Louisiana Construction Law Firm,  challenges the constitutionality of Louisiana’s new rules claiming that they will restrict free speech.  The full text of the Complaint is here.

    An attorney in the firm filing the lawsuit is active in online communities and forums.  He is a member of LinkedIn, Twitter, Facebook and other popular social networking sites.  He operates an educational blog about the construction industry and construction law.  As a blogger, he posts comments on other blogs and writes guest posts.
     
    The most interesting claim made in the complaint is that each incidence of “speech,” each blog post, each tweet, would have to be run by the Louisiana Bar prior to posting and would cost $175 per review.  Wow.  That might be doable for BigLaw, but would certainly not be cost-effective for a solo practitioner.  How could you make timely blog posts if you had to run it by a review team before posting?  I will be interested to read the response to this particular claim.   

    I’ve read Kevin O’Keefe’s opinion about the new proposed Louisiana rules and the lawsuit on his blog.  He seems to think the whole issue is being blown out of proportion and the rules will not be any threat to blogging.  O’Keefe is probably right. 

    What interests me more about this lawsuit and the proposed rule is the way that state bars are trying to draft rules that regulate their attorneys’ use of technology to communicate, not just to advertise their law practice, but to provide the delivery of legal services.

    Most of the rules and regulations that exist for each state bar related to electronic communication are out of touch with the technology that their attorneys are using.  Many ethics opinions and rules of professional conduct restricting attorney advertising through electronic methods were written when email was still new.  Most haven’t been updated since the mid-1990s.  

    In addition, the rules and ethics opinions that I have read seem to be out of touch with the general public they are intended to protect.  Maybe I’m off base here, but I think it’s past time that the legal profession reevaluates the experience and ability of the general consumer to find and retain legal services.  Yes, there will always be unscrupulous attorneys out there who will use online advertising to mislead the public.  However, there could be a better balance of 1) education on the part of the state bar regulators regarding the technology used by attorneys in daily practice and 2) addressing the public’s demand for affordable and convenient access to legal services through electronic methods.   

    I’ll be watching to see what happens in Louisiana.  In the meantime, I’m still compiling a state by state list of rules of professional conduct and ethics opinions that relate to an attorney’s use of technology in daily practice.  I’d like to provide this as a resource for attorneys wanting to practice with a virtual law office to see how their state bar as well as neighboring state bars have addressed the delivery of legal services online.

  • Virtual Competition

    Roger Glovsky of The Virtual Lawyer sees collaboration as a way for solos and small firm practitioners to compete in a market that gets more competitive every day. He also writes here about how the Internet and technology could be used to level the playing field a bit more:

    “The problem for the solo practitioner and small firm is that it will get increasingly difficult to compete. Although the Internet is heralded for leveling the playing field, the rules of the game have changed. The new game is about having real-time, virtual, and personalized access, to people, information and tools that enhance productivity, improve results, and facilitate the practice of law. How will the solos and small firms develop these new resources?”

    Virtual Law Offices offer an excellent way for a solo or small firm practitioner to compete with a larger, chain firm. I’m a solo. Do I have the funds to pop up a branch office of my solo in every major city in my state, plant associates and staff in each one and then ad a nice fat advertising budget on top of that to get the clients rolling in?

    Of course not. Competition like this hits hard in a small city like mine where the traditional attorneys here are used to competing with other solos or small firms. Then a branch comes in with marketing strategies and huge budgets and it really does change the game.

    IMHO, Virtual Law Offices might be one way for solos and small firms to expand their client base to the entire state without having to spend much more than $150-300 a month in cost for the web-based service/vlo website. If you can attract clients from across the state, then the ROI is going to be there and last.

    I don’t think a VLO is the answer for every solo or small firm. I think for some attorneys like me who want the flexible work/life balance, a completely VLO might be the answer. For others, I think it could be used as a tool to compete with the larger firms who have the resources to pull in more clients. And it’s possible that a large firm could do the same thing and incorporate a VLO into their existing law office website and then pour money into online advertising of the VLO on search engines and attorney referral sites. I would be interested to hear what others think about using VLOs as a way for solos to compete with larger firms.

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