Virtual Law Practice

Tag: form-generated legal documents

  • Unbundling Legal Services in a Virtual Law Practice Benefits the Public

    More middle income Americans are choosing to handle their legal matters themselves because they cannot afford to hire a traditional attorney.  The International Herald Tribune reported this growing trend in an article last week.  The downturn of the economy has made the cost of traditional full-service law firms unavailable for many Americans.  In order to resolve their legal matters, many middle income individuals are turning to self representation.  

    What does this mean for the justice system?

    The increase in numbers of pro se litigants has begun to burden court administrations on different levels.  While court clerks and other assistants are not permitted to provide legal advice to pro se litigants who come to the courthouse seeking free legal guidance, these administrators are obligated to provide pro se litigants with the necessary legal forms and procedures that they will need to proceed with their case.  When the instructions on these legal forms are not followed, court administrators must then go through additional work contacting the pro se litigants to rework the legal forms or assist them with scheduling court dates. 

    Once inside the courtroom, judges are burdened by the increased number of unassisted pro se litigants when they are obliged to provide basic directions to the pro se litigants regarding standard courtroom procedures.  Attorneys who find themselves standing opposite a pro se litigant when presenting a matter to the court must exercise patience.  They may find themselves rewording their statements so that the pro se litigant will understand the issues.  Overall, the case may take more time and become more expensive than it would have been if handled by legal professionals. 

    Unbundling Legal Services Provides A Practical Solution

    There is a high demand for affordable and accessible legal services to fill in the gap between full, traditional legal representation and unassisted, pro se representation.  Unbundled legal services may provide individuals with an affordable option.  By retaining an attorney for assistance in filling out legal forms and for basic guidance on the legal process, the individual who would otherwise be a pro se litigant is assisted to the level where he or she is not as much of a burden on the court administration and other legal professionals he or she encounters in the legal system. 

    Many Americans who are searching for an affordable solution to legal services are turning to online companies like LegalZoom for form-generated legal documents. However, these legal documents and kits for sale are not actually reviewed by an attorney nor is the individual legal situation of the online consumer evaluated by a legal professional before he or she purchases the legal product.  A worse trend is that many members of the public are finding samples of legal documents online and attempting to revise these documents on their own without any legal guidance. 

    Web-Based VLOs Provide a Higher Quality of Unbundled Legal Services

    Web-based virtual law practices can provide the public with unbundled legal services that include more personalized attention to individual legal matters.  Attorneys operating a VLO communicate directly with their clients securely online.  Because of the low overhead associated with running a VLO, the attorney may pass on his or her savings to provide unbundled legal services at a more affordable price than traditional legal services.  Clients may acquire the quality legal assistance they can afford so that they may perform the footwork at the courthouse themselves.  

    As with any prospective client that walks through a physical law office, it is the responsibility of the attorney running the VLO to evaluate each online client on a case by case basis.  If the prospective client’s unique situation requires full-service representation, then the attorney must either meet with the client in person for additional legal assistance or refer the client to another attorney. 

    Given the continuing rise of pro se litigants across the country, an attorney operating a VLO and offering unbundled legal services provides a much needed option in the delivery of legal services to the public.  He or she may provide unbundled legal services online through a VLO either as the sole form of legal services offered or as an addition to a full-service law firm.  In addition, an attorney launching a VLO taps into a vast and growing consumer market that can be served using secure technology that does not raise the attorney’s law practice overhead.

    As more state bars continue to revise their rules of professional conduct and ethics decisions to address the use of technology in the practice of law, legal professionals who understand the importance of using technology to deliver legal services online will need to step forward to educate and defend the critical need for this as an option to provide affordable and convenient legal services to lower and middle income Americans.  A VLO providing unbundled legal services is a practical solution that serves both the public and the legal profession.

  • How Will Virtual BigLaw Affect Solo/Small Firm VLOs?

    It was predictable that BigLaw would find a way into the world of virtual law practice. This week’s most popular legal news article was the introduction of Venture Law Group’s new law firm concept, Virtual Law Partner. This new virtual law firm has the goal of becoming BigLaw for the virtual practitioner and boasts of creating partners out of firm members who will have the flexibility to set their own rates and work their own hours. They will receive 85% of what they are billed under this scheme.

    The question: How will the launch of Virtual BigLaw affect solo and small firm virtual law practitioners?

    The answer may depend on the marketing techniques of the Venture Law Group both in luring newly licensed attorneys and bringing in clients for each individual partner’s virtual practice. One question is whether the partners in this virtual BigLaw firm are responsible for retaining their own clients or whether the firm assists their individual efforts. 

    The affect of Virtual BigLaw on solos and small firm VLOs may also depend on the company’s ability to influence the ABA and other State Bars as far as standardizing rules of professionalism in virtual law practice. It is certainly something I intend to follow closely in the coming months. 

    While the Venture Law Group’s Virtual BigLaw Firm does not appear to seek clientele out of lower & middle income America, if other Virtual BigLaw Firms crop up, then this could have an impact on solo and small firm VLOs.  One of the benefits of operating a VLO as a solo practitioner is that it allows me to compete on some level with the larger firms who are able to set up shop in just about every small town in my state. My VLO allows me to expand my client base and provide services to more lower and middle income individuals who might otherwise not go to a traditional law office for a variety of reasons (billable hour, intimidation, inconvenience, etc.).

    One of my hopes in starting my own VLO and in forming VLOTech was that I could work towards changing the bad opinions that many in the public have about attorneys. Sure, I want to have a successful career and make a good living, but I also want to show the world that there are alternative ways of practicing law that make legal services more affordable and accessible to the public. I wonder what impression Virtual BigLaw will make.

    Personally & professionally, I found it annoying that the head of this venture spoke in several interviews as if he invented virtual law practice and the idea of better work/life balance for attorneys through technology. He may have some major connections in the VC funding and legal world, but he did not invent virtual law practice or elawyering. My thanks to Carolyn Elefant for pointing this out in her Legal Blog Watch post “Are Virtual Law Firms Really a New Idea?”

    Attorneys have been practicing law online for years with different combinations of the technology available at the time. Web-based, software as a service (SaaS) business models are fairly recent to the mix. In my mind, virtual law practice is a collaborative effort of many individuals in the legal profession and the IT field. We learn from each other and create various methods of virtual law practice.

    Every attorney seeking to practice law online will need to decide which form of virtual law office they want to join or if they want to hang their own virtual shingle. Some attorneys may want to focus on form-generated legal documents while others may want to combine a VLO with a traditional litigation practice.   The type of VLO, the services it offers and how it operates, depends on how the attorney wants to set it up.  And now attorneys who want to join a Virtual BigLaw as a partner may have that elawyering option as well.

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