Virtual Law Practice

Tag: guidelines for online legal services

  • 2009 Recap of Virtual Law Practice

    This year has brought the legal profession closer to the acceptance of virtual law practice as a method of delivering legal services through the use of technology.  Virtual law practices are improving access to and affordability of legal services to the general public.  For legal professionals, practicing law online provides the flexibility to create innovative and unique law practices that provide improved work/life balance in addition to professional success. 

    In this post I wanted to review some of the online articles related to virtual law practice that came out in 2009.  As more virtual law firms launch in 2010, expect to see the tone of these articles change to include more detailed discussions about technology and ethics issues involved in the delivery of legal services online as well as discussions about different structures of virtual law practices that are now in the planning stages.  This might include multi-jurisdictional virtual law firms with interesting fee and management structures, using a virtual law office as a non-profit to provide pro bono legal services, “cost-co” type firms with registration fees, and other unique ways that legal professionals are envisioning the use of the technology to collaborate with attorneys and clients online.   

    I work mostly with other solos and small firms who are opening virtual law practices, but I have spoken with many other attorneys who envision collaboration with others to expand their practices beyond the solo or small firm realm.  More legal SaaS products are also entering the market, each with a different focus and concept about what virtual law practice can be.   It will be interesting to see what develops in 2010 not only in terms of what structures individual attorneys come up with, but what new features and functionalities the technology will bring.  There are also major changes in the legal profession happening in the UK and abroad that may serve as an influence here in the States.

    Along with many others, I see great potential for virtual law practice to even the playing field for access to justice in our country.   Of all of the benefits, I think this may be the most important goal for the profession to keep in mind as it moves forward in defining and supporting the use of technology to deliver legal services. 

    That said, here is a list of virtual law practice in the news in 2009.  I’m going to limit myself to mostly North American news here to keep the list manageable, but be aware that similar articles are popping up within other countries’ legal professions.  I’m also posting both the negative and the positive articles on the topic and they are in no particular order. 

    Know of any more?  Feel free to pass them along.

    Mid-Year Review of Virtual Law Practice in the News — a round-up post from January 2009 – July 2009 with links to articles

    ABA eLawyering Task Force publishes Draft Minimum Guidelines for Virtual Law Practice

    The Firms of the Future, Jordan Furlong, Law21

    An Office Can be Virtual, but Client Service Can’t, Edward Poll, Canadian Bar Association, National Magazine

    Virtually Legal:  Bricks and borders place no restrictions on the growing wave of virtual lawyers, Alison Arnot, Canadian Bar Association, National Magazine

    The Virtual Paralegal Podcast, The Paralegal Voice, Lynne DeVenny and Vicki Voisin

    4 Steps to Starting a Virtual Law Office, Jay Fleischman, The Untethered Lawyer

    Legal Implications of Cloud Computing — Part One, David Navetta, Information Law Group (not so much related to attorneys practicing law online, but a good explanation of “cloud computing”)

    The Virtual Law Office — Not Your Father’s Cloud, Donna Seyle, Freelance Law Firm

    Virtual Law Firm Rimon Law Group Welcomes Four New Partners, Dec., 2009

    Does the Future Belong to Virtual Law Firms?, Francesca Heintz, EDD Blog Online

    Unbundled Legal Services Or Self-Represented Consumers? You Decide., Jay Fleischman, The Untethered Lawyer

    Setting up a Web-based Virtual Law Office, Stephanie Kimbro, ABA GP/Solo & Small Firm Division Technology eReport

    SaaS Security: Can you Trust your Data in the Cloud, Jack Newton, ABA GP/Solo & Small Firm Division Technology eReport

    Disaster Ahead for Lawyers Unwilling to Change, Richard Susskind, ABA Journal Legal Rebels Blog

    lawtechTalk Episode #5: Cloud Computing and Your Law Practice, Nicole Black, lawtechTalk

    Adding a Virtual Law Office to your Practice, Stephanie Kimbro, Lawyerist

  • ABA to Review the Delivery of Legal Services Through Technology

    Yesterday I received an email from a member of the ABA Division for Legal Services regarding the upcoming hearings to be held by the Standing Committee on The Delivery of Legal Services.  The Committee plans to examine the use of technology to deliver legal services online and will listen to presentations by technology providers and attorneys regarding the technologies used and any policies that governs its use. The Committee will then determine from the hearings whether the creation of policies is needed to assist practitioners in providing online legal services. 

    It’s during opportunities such as these when I sincerely wish I had a gift for public speaking and at least an ounce of charisma with which to transmit my ideas in front of a live group of people.  Unfortunately, I am a writer and more comfortable with a keyboard than a video camera and microphone.  I am going to submit to the committee my ebook which I have just finished entitled “Practicing Law Online: Creating a Web-Based Virtual Law Office.”  The ebook discusses the Web 2.0 technology used to practice law online and also looks at ethics considerations and malpractice risks while making best practice recommendations for operating a virtual law office.  

    I wish there were a way to share with the Committee the positive responses that I have received over the past two and half years from my online VLO clients and from the public in general to the delivery of legal services online.  I have formed close relationships with my clients and all of our communications were conducted through my VLO, never face to face. 

    If you can please allow a moment of bragging, recently, a first-time client of mine was so pleased with the online services I provided that she emailed a referral to her 100+ person mother’s group recommending my services and providing all of my online VLO information.  I have small business clients that come back repeatedly and refer their other small business friends.  They tell me that my online services are efficient, fairly priced and most important to them, convenient for the entrepreneur starting a new business who is often working a 9-5 job while getting off the ground.  They enjoy the ability to pay online, set up payment plans through the system and check on their legal matters 24/7 whenever it best suits them. 

    I hope that whatever policies the Committee comes up with will respect the fact that each individual virtual attorney may operate his or her VLO using different technologies and combinations of technology.  It should be the responsbility of the virtual attorney, as I have written in previous posts, to make sure that they understand the security and technology used by the VLO hosting company.  As with traditional law practices, I believe it is the resonsibility of the individual virtual attorney to create policies and standards for their virtual law practice that compy with his or her state bar’s rules and regulations for ethics and professional conduct. 

    My fear is that the delivery of legal services online may be restricted through any policies created by the Committee due to a lack of understanding regarding the security of the technology.  They may not be aware of the ability of features to be created within the VLO system that can provide safe and ethical communications between attorneys and the public, such as the conflict of interest checks, establishing the attorney/client relationship, jurisdiction checks, notice of unbundled services, etc. 

    VLOTech is a small, family-owned company.  We are growing quickly and forming new relationships with other attorneys interested in virtual law practice every day.  It’s an exciting time.  It’s clear to us from the responses we receive that a revolution is quietly happening in the area of the delivery of online legal services.  It’s driven primarily by the public’s desire for these services and secondarily by attorneys, largely solos and small firm practitioners, who want to use the flexibility of the technology to practice law for a variety of reasons.  There is no way VLOTech can pull together for a presentation in two weeks all of the research and positive feedback that we have assembled over the past three years and about which we are so excited to share with VLOTech attorneys and their clients. 

    Instead, I will be submitting my ebook which covers a lot of our research and hopefully this will be accepted for consideration by the Committee.   If you would like a free copy of my ebook, please feel free to contact me at skimbro@vlotech.net.  I will also write a post about the hearings following the presentations and let my readers know what happens as far as any statements or policies issued by the Committee that may affect virtual law practice.   If you would like to view the online hearing, details about the presenters and schedule will be posted on The Standing Committee on The Delivery of Legal Services’ website.

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