Virtual Law Practice

Tag: encrypted legal messages

Following the Virtual Lawyer Mindset

Jay Fleischman has a thought-provoking post up on his blog entitled “Being a Virtual Lawyer is all Mindset, Not Technology.” You can read my comment below the post.

Jay writes that regardless of the form of technology you use to operate a virtual law office, the key is having the right attitude to go with it. He’s right. To take advantage of the benefits that the technology gives us to make our professional lives more flexible, we have to be able to change our work habits and know when to unplug.

However, I would add that the choice of technology is a factor in coming to this mindset and is going to differ depending on the comfort level of the attorney. Some attorneys are more tech-savvy and experienced working online than others. What is easy for one attorney to set up and work with clients is not going to be easy for another attorney with less experience. That will affect their ability to enjoy the benefits of operating a virtual law practice. (more…)

July 21, 2010
Secure Client Portals to Deliver Legal Services Online

The delivery of legal services online depends on the use of a secure client portal where the attorney and client can interact. This is the key feature of a virtual law practice and what distinguishes it from other online legal services and law firms that claim to be “virtual” by using unencrypted email.

I’ve noticed in the past year that several new versions of the secure client portal have been introduced. Some of these are even developed specifically for legal professionals and most are designed for use by solos and small firms interested in delivering legal services online. If you are considering opening a virtual law practice, you might want to take a look at these different applications. Some of them have free trials and are still in beta.

As fast as the technology for virtual law practice changes, it’s worth keeping an eye on what’s coming down the pipeline in client/attorney online communication. The features that allow you to communicate with your clients online varies. So far, no one is keen on having their online clients choose avatars or going beyond realtime chat and video communication. As usual, my imagination fueled by reading too much sci-fi tends to exceed our current capabilities in terms of practical and cost-effective implementation of current technology for law practice management.

With all of these below, check out the level of security each provides. Look for end-to-end encyption of the transmission of any sensitive law office data. You will want the basics — written online communication in some fashion that is recorded with date and time (for ED and CYA of the attorney), online files or other methods of organizing documents, calendaring or the ability to schedule communications with the attorney, uploading and downloading documents, limited client management features to protect them from themselves, etc. Some client portals are going to work better for unbundling legal services online for many clients and others are more suited to larger online projects with a single client or two. Keep in mind the chosen structure of your virtual law practice and the needs of your online client base when you are reviewing the products.

Here are a few new client portal products I’ve run across, along with some that have been around for a few years now. Know of any other technologies that create secure client portals? Drop me a note in the comments.

MyCase Client Manager
Wizilegal
DirectLaw
VLOTech
Advologix (client portal is not the focus and costs extra)
HoudiniEsq (was announcing client access this summer, still in beta)
BaseCamp (not developed for legal professionals, may not have certain malpractice checks in place)
ZohoProjects (not developed for legal professionals, but if your clients are attorneys or other professionals, perhaps a way to collaborate online on a project. Not sure about the security of this and also there are probably not the same malpractice checks in place)

July 16, 2010
Metadata – NC Bar Proposed Ethics Opinion

A proposed ethics opinion by the NC State Bar covers the review and use of metadata. The proposed opinion dated January 22, 2009 states the following conclusion,

…a lawyer must use reasonable care to prevent the disclosure of confidential client information hidden in metadata when transmitting an electronic communication and a lawyer who receives an electronic communication from another party or another party’s lawyer must refrain from searching for and using confidential information found in the metadata embedded in the document.

The concern with metadata is that it may reveal privileged or confidential client information. With even basic computer skills, if you know how to look for metadata, it’s easy to obtain information about who wrote a document and when and to find detailed notes and information embedded in the document.  Attorneys must observe “reasonable care” to protect and preserve confidential information when they are using forms of electronic communication.

Likewise, when receiving an electronic communication, the opinion states that the attorney should not actively seek out metadata. This is in line with ethics opinions issued in recent years by the NY State Bar followed by other state bars and backed up by the ABA Standing Committee on Ethics and Professional Responsibility.  Visit the ABA’s Legal Tech Resource Center for a complete list of Metadata Ethics Opinions in each state.

How does metadata relate to a virtual law practice?

With a web-based virtual law practice, the attorney may be transmitting documents to clients and other attorneys in digital format by uploading documents for review or in allowing uploads to the virtual law office from another attorney or client. Depending on the file format being transferred online and the circumstances, metadata may be embedded in those files.

Accordingly, the virtual law practitioner should use metadata removal programs on their applications immediately before uploading them to the VLO.  Microsoft and even Open Office have metadata removal programs and techniques available for their software suites. Another option is to convert the files, such as Word, Excel, OpenOffice, and PowerPoint, to PDF before uploading them to the VLO. However, some online clients may not be able to edit the application on their computers as a PDF. So if the purpose of the transfer is to allow your clients to add anything to the document, then conversion to PDF may not be the best method of avoiding metadata. Another free option would be to convert the document to Rich Text Format (RTF) but this would most likely create layout and formatting problems and not be worth it.

There are metadata removal applications from a number of companies, including Workshare, Payne Consulting Group, Esquire Innovations, Inc. or iScrub. Depending on the virtual practice, an attorney may want to invest in an annual license for these programs just to avoid any malpractice risks.  Given the availability of these programs and methods, it is clearly the responsibility of the attorney to ensure that he or she has removed any metadata from a file before uploading it to the VLO and sharing it with clients and other attorneys.

How a virtual law practice may help prevent malpractice risks from metadata

If an attorney is required to use reasonable care to protect their client’s confidential, then should attorneys be using unencrypted email to communicate with clients and to transfer documents as attachments? The risks involved in using email are well-known and the attachments sent through email may contain metadata if not carefully cleaned.

Even more of a security risk are the use of public email accounts, such as those provided by gmail, hotmail and yahoo.  If there is a safer option that is easily available to transfer information securely, then doesn’t this proposed NC State Bar ethics opinion and others like it require that the attorney use “reasonable care” to seek out a safer method?

With a virtual law practice, the attorney can tell their client that the attorney is acting in the best interest of the client by refusing to communicate and transfer legal documents via email. The attorney can explain that using the web-based VLO is the safer way for the client to interact with the attorney and that even more communication tools are available to the parties through this method.

I have done this with my online clients and once they understand that the technology is no more complicated than email, and safer to protect their confidential legal matters, they are excited to have 24/7 access to their own homepage and legal case files. Rather than emailing me their private legal issues on unsecure email or attaching documents for me to review, they are able to post on the discussion thread to me their legal issues and all of it is contained in their case file for future reference. Likewise, if I’m working with another attorney on a case file, he or she may send me a private note using the same method which will show up on the case file rather than being sent through unencrypted email.

The risks of malpractice from metadata embedded in documents may be limited by the use the secure online communication inside a VLO. The attorney and client may conduct all of their legal work securely online. Rather than having multiple folders containing draft documents in email attachments, the client’s online case file after drafts have been completed may be limited to the single legal document controlled by the attorney who may then use a method of removing metadata when transferring it back and forth to the client or another attorney for review.

While a VLO may not remove all of the malpractice risks associated with metadata, it can help legal professionals comply with ethics opinions requiring “reasonable care” and to help them protect their client’s confidential information when using electronic communication.

March 16, 2009
Setting Up a Virtual Law Practice

I asked my readers in a recent post to let me know what their top questions were regarding virtual law practice.

One reader writes:

“Is there a software solution that can be installed out of the box that would work well for a virtual practice, or does someone have to find someone with programming expertise to set up the website? What software do you use for your virtual practice?”

Since I don’t know of any “out of the box” products that can create a completely virtual law office, I thought I would explain exactly what a virtual law office is and how it operates with the VLOTech, Web 2.0 application which is what I use to operate Kimbro Legal Services.

The definition of virtual practice has evolved with the technology we have available to us and will continue to do so. VLOTech clients either have a law office website in place or VLOTech refers them to Grant Griffiths at G2WebMedia.com whose services may set up a virtual law office website with blog functionality. The VLOTech application is then integrated into the attorney’s vlo website. Unlike packaged software that you have to install on your PC, VLOTech is a hosted system. Read up on Web 2.0 apps or SaaS for more details. The VLOTech website also has more information about the product and faqs.

By the basic definition, a completely virtual law office (VLO) is a professional law practice that exists online through a secure portal and is accessible to the client and the attorney anywhere the parties may access the Internet. A VLO provides attorneys and clients with the ability to securely discuss matters online, download and upload documents for review and handle other business transactions in a secure digital environment. With a VLO, an attorney’s clients benefit from the convenience and accessibility and the attorney benefits from the flexibility of a virtual law practice, an online client and revenue generating software, and lower overhead associated with setup and maintenance of a nontraditional law office.

It is important to distinguish a professional VLO from the many online websites selling legal documents and from rented “virtual,” physical offices. A VLO provides direct and personal communication between an attorney and a client rather than “form generated,” unbundled legal documents for sale and purchase by the public. Communication by email does not constitute a virtual law practice even if sent through a law firm’s website. Email is limited as a method of transacting business and is typically unencrypted, and therefore, not a secure method of handling sensitive attorney/client data.

Physical office space rented out to an attorney to meeting with clients when scheduled for a monthly fee is also often referred to as a “virtual” law office. While this arrangement allows the attorney to work from a home office and meet with clients in a shared office space, the program does not use technology to operate the functions of a law office or provide an online interface to obtain and work with clients.

Previous hesitation by legal professionals regarding “elawyering” or the practice of law online centered around technology that was limited in both protecting the security of sensitive attorney/client data and in allowing for adequate communication between the attorney and his or her client. As Web 2.0 and web-based applications continue to evolve, the definition of a virtual law practice will need to adapt at the same pace. While the software applications & technology used to create a VLO may update continuously, the public demand for online access to legal services will sustain the VLO method of practicing law. However, it will remain the responsibility of the individual virtual law practitioner to stay current with the security concerns related to the technology used for the VLO and to maintain strong ethics and professional conduct when practicing law online.

May 22, 2008
Unsecure Law Office Emails – Not the Only Way to Talk to Clients Online

Ross Kodner of Ross Ipsa Loquitur posted sections of an interview with his state’s bar journal about the state of legal technology. Predictably, the question of security in legal technology came up here.

As Kodner discusses, email communications are unsecure and to help with the potential ethics violations, he recommends that attorneys let their clients know from the beginning that email is unsecure. This is a good practice tip for attorneys no matter how much technology they use in their day to day practice.

Even though I communicate with my clients through my secure website only, there occasionally are clients who will find my email address and email me rather than use the website interface. When this happens, I make a point of telling them that email is unencrypted and therefore not as secure as my website where, like online banking, they can have more options of communicating with me than in an unsecure email. Once they understand this, most clients will go to the virtual office.

The trend with law office websites is still the “contact us” form that is sent by unencrypted email and gives the client a chance to disclose their legal issues to the attorney or whoever is answering the law office’s incoming email. The concern from my perspective is that this form of unsecure communication will be confused with my secure virtual website and the methods that the vlo technology uses to protect the client’s information.

Not everyone in the legal profession can be computer experts or technology buffs in addition to successful attorneys. If legal professionals understood the basics, that there are forms of electronic communication that are more secure than email and that these methods were easy to use and required little money and energy, then they might have more confidence in integrating (or hiring someone to integrate) that form of communication into their practices for the benefit of their professional development.

January 20, 2008

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