Tag: face-to-face counseling

  • Ethics Question for the Virtual Attorney

    Practicing online I often receive this question as an ethics challenge to my virtual practice:

    How can you be sure that the person you are communicating with online is really person you are drafting the documents for?

    Because I handle estate planning, attorneys who operate more traditional practices express specific concern about the power of attorney and the broad authority that it provides to the attorney-in-fact. What if the person I am drafting the document for is really someone else who plans to use the power of attorney for nefarious purposes?

    While I will conceed that the Internet facilitates the potential for individuals to commit fraud regarding their true identities, I do not believe it is my responsibility as an attorney to ensure that the final use of the legal documents I have created never fall into the wrong hands. Superwoman, I am not. I can draft legal documents to the best of my abilities with the information the client provides to me, and after that, I cannot control my client’s actions or the actions of their families in enforcing or following through with the dictates of these documents. To claim that I could control this or should be reponsible for a client’s conduct would be ridiculous.

    I provide my clients with fixed fees through my VLO and the majority of my business comes from packages containing several different estate planning documents. My clients are required to accept two clickwrap agreements and a price quote for services which tells them upfront both the nature of unbundled online legal services and the exact legal fees which they will owe me for my services.

    Once I complete the documents, it is my client’s reponsibility to take them to a notary public in North Carolina to have them properly executed. I provide my clients with detailed instructions to provide the notary public and they know that they may contact me if they run into any questions during this process. It is the notary public’s responsibility to check the driver’s license of the individuals signing these documents to ensure that they are who they say they are. Additionally, most of the estate planning documents require two witnesses to also be present for the execution.

    How do I know my online clients are who they say they are if I never meet them face to face?

    Do most attorneys (or their paralegals) in a brick and mortar law office check the driver’s license and photo id of every client for whom they provide legal services? Nope. In fact, I recall hearing of a case at one of the firms I worked for before going solo where an attorney had filed an lawsuit on behalf of the client only to find out during discovery that the client had multiple identities in several states and was not who he claimed to be. Had that attorney met with the false client face to face in the brick & mortar law office? Yes, several times. Did that prevent the client from pulling the wool over the eyes of the law firm he retained? Nope.

    Professional standards of conduct require that I communicate with reasonable diligence and promptness when dealing with clients. Operating a virtual law practice does not mean that I mass generate legal forms in an impersonal manner. I communicate individually with each of my clients. I ask the questions that I need to know to handle their legal matters. Sometimes they upload documents for me to review and we often work on mulitple drafts. Rarely do I need to call a client on the phone discuss something in person, but if it’s necessary to provide the best legal services for them, then I do it.

    Many of us reconnect online with family and friends through Twitter, Facebook and other social networking sites. We create strong online business connections through networking websites, such as LinkedIn. Likewise, the virtual law practitioner uses the web-based technology to build personal and ongoing professional relationships with clients.

  • Legal Aid of North Carolina – Going Tech…slowly

    I just volunteered to do some pro bono work for Legal Aid of N.C. via their Wilmington branch. I filled out the volunteer form online which was an option newly available on their website. When I spoke with the very friendly PAI coordinator about my website and how I was able to offer services at a lower price because of no overhead costs and how that could benefit clients that Legal Aid could take, she said that the attorneys in their office were “traditionalists” and believed it was important to meet with the client face to face.

    I had a feeling that was the case. And sure, if I didn’t have mountains and mountains of student loan debt and I had a nice savings or trust fund, I might could afford my own physical law office and would enjoy counseling clients face-to-face. However, I still stand behind my virtual law practice as a great alternative way to provide legal services. When it comes to money versus a nice, friendly in person conversation, I’m going to go out on a limb here and say that most middle to lower income folks (myself included) are thinking about the money and not the friendly face-to-face chatting. If we can get the same legal service and it costs less, then I’m all for that.

    I think it is a generational difference. Also, the PAI coordinator mentioned that most of their clients did not have access to the internet and therefore, the website office wouldn’t be of use to them. Again, there is so much resistance before the idea is even really introduced to the public. So I mentioned that the public library and law library offer free internet to the public. Plus, personally, I have been in some of the lower income neighborhoods in town and you would be surprised how many of the younger generations living there are decently current in their use of technology. Almost every kid you see has a cellphone and I find it very hard to believe that for many of them someone in their family doesn’t have access to a computer and the internet somewhere.

    Again, I just think that if it’s between no legal assistance because Legal Aid can’t help you and affordable legal services, they would prefer the help however it comes. For example, I just finished working with a client this morning. Never met her in person. Only talked to her on the phone. Did my research and work on her matter online and through the cell phone to assist her. Got back with her by phone and that was all she needed. Before she had contacted me for help, she had gone to Legal Aid and they had not been able to take her case due the nature of the matter and their funding restrictions. If I hadn’t offered an alternative way to get legal services, she would have had to go back to looking up random attorneys in the phone book and listening to the brush-off from many of them as she had before she was referred to me.

    So, I sincerely hope that the more traditional attorneys don’t immediately disregard what I am trying to do with the virtual law practice and at least take the time to consider it as an alternative way of practicing the law that can be of service to the citizens of our state and local community.

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