Virtual Law Practice

Tag: online communication

  • Recent AZ Bar Ethics Opinion Discusses eLawyering Methods

    The Arizona State Bar has published Ethics Opinion 09-04 “Confidentiality; Maintaining Client Files; Electronic Storage; Internet” in December 2009.  This opinion will apply to attorneys operating virtual law practices within the AZ Bar jurisdiction and is similar to the NC Bar 2008 Formal Ethics Opinion 5, Web-based Management of Client Records published July 2008.  In fact the NC Formal Ethics Opinion 5 is cited in this new AZ opinion.

    AZ Opinion 09-04 addresses the ability of an attorney to work with clients and deliver legal services online.  The question presented in the opinion lays out the method that the inquiring attorney would use to securely deliver the documents to his or her clients online.  In this case, the documents would be converted to “password-protected PDF format,” and the client would access those files for review over a secure site which uses “encryption and three layers of unique randomly generated alpha-numeric folder names and passwords.”

    The AZ Bar pointed to the two related, existing rules of professional conduct which are the same rules that we have seen applied in other opinions related to virtual law practice: Competence and Confidentiality of Information.  A previous AZ Bar ethics opinion has permitted electronic storage of law office data, including clients’ files (Az Ethics Op.05-04). 

    Here is what I love about this opinion.  They allow for the proposed method of delivering legal services online to the client, but they recognize that this is not where it ends. From the Opinion:

    However, the Committee also recognizes that technology advances may make certain protective measures obsolete over time.  Therefore, the Committee does not suggest that the protective measures at issue in Ethics Op. 05-04 or in this opinion necessarily satisfy ER 1.6’s requirements indefinitely.  Instead, whether a particular system provides reasonable protective measures must be “informed by the technology reasonably available at the time to secure data against unintentional disclosure.” N.J. Ethics Op. 701.  As technology advances occur, lawyers should periodically review security measures in place to ensure that they still reasonably protect the security and confidentiality of the clients’ documents and information. (emphasis added)

    This is clearly the best way that the state bars can address virtual law practice without preventing or discouraging innovation.   The attorney practicing law online has the responsibility to stay current on the security issues involved in using the technology. If they are not able to do so for themselves, then they need to trust an IT professional or their SaaS provider to keep their system up to date and protected.

  • 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

  • Virtual Law Practice Teleconference and Live Audio Webcast

    This upcoming Thursday, December 17 at 1pm EST, Richard Granat, Marc Lauritsen and myself will be co-presenting a CLE teleconference and live audio webcast entitled “The Virtual Law Firm: Benefits, Costs and Ethical Pitfalls to Avoid.”  It is sponsored by the American Bar Association LPM Section and the ABA Center for Continuing Legal Education.

    From the program description, the topics that will be covered include:

    • What is a “virtual law firm”
    • The benefits of delivering legal services online
    • The web architecture for a virtual law firm
    • Online applications, such as web-enabled document automation
    • Ethical issues in the delivery of online legal services, including confidentiality, security, unauthorized practice of law, client identification, conflict of interest checking and client authentication procedures
    • Criteria of vendor selection
    • The costs associated with setting up a virtual law practice
    • Marketing your brand and virtual law practice online

    If  you are interested in virtual law practice or are operating a virtual law firm, please consider joining us for this session.  In addition to some really practical advice on this form of delivering legal services using technology, the session will also provide 1.5 hours of CLE credit in most states.  Have any specific questions you would like answered during the conference?  Please drop a line in the comments section below or email me.

    UPDATE: The teleconference had a really nice turnout and we received great questions from the audience both on the phone and online. I believe the recording of the CLE and materials will now be available for purchase from the ABA at some point.

  • Technology eReport: Setting Up a Web-Based Virtual Law Office

    Check out my article in the November issue of the ABA GP/Solo & Small Firm Technology eReport: Setting Up a Web-based Virtual Law Office.  From the article:

    Consumers are actively seeking more affordable and convenient access to legal services over the Internet. Due to the cost of traditional legal services, they are turning to cutting and pasting together sample online legal documents or purchasing cheap legal forms online without the benefit of attorney review. The economic recession has further hastened this trend. To address consumer demand, more attorneys are opening web-based virtual law offices (VLOs) or adding a VLO to an existing traditional law firm structure to deliver legal services to clients online.

    There are different ways to define and structure a virtual law practice. Simply put, a virtual law practice is a professional law practice where an attorney is able to work with clients over the Internet through a secure portal from the establishment of the attorney/client relationship through to the payment of and final rendering of legal services. The technology used to create and maintain a VLO is a software as a service (SaaS) hosted system, often referred to as practicing law “in the cloud.” To set up a virtual law practice, an attorney should be aware of a number of practical and ethical considerations discussed below.

  • Minimum Requirements for Delivering Legal Services Online

    Co-chairs of the ABA eLawyering Task Force, Marc Lauritsen and Richard Granat, have submitted a draft set of minimum requirements for delivering legal services online which was published in this month’s Law Practice Today.  As a member of the Task Force, we have discussed these minimum requirements as a set of guidelines that attorneys will be able to turn to when they are interested in forming a virtual law practice .  Once approved by the ABA’s LPM, these requirements may be used by different state bars as a way to guide attorneys in their states who are forming virtual law practices.  You may check out the minimum requirements posted in the article and the Task Force welcomes comments and reactions to the document through their listserv. 

    Keep in mind when reading these minimum requirements that the idea behind them is to provide guidance, but not to be too specific in ways that might stifle future innovation in the delivery of legal service.  The topics covered include website architecture, ethics issues, statement of terms and conditions, retainer agreement acceptance, online payment of legal fees, protecting client confidences, and security certification.

  • Does Your Virtual Law Practice Need a Phone Number?

    When I first opened my virtual law office almost four years ago, I wanted to handle every aspect of my practice online.  With most of my client base, this worked fine and was what they preferred as well.  I have an estate planning and small business setup practice and the majority of my clients are in their late twenties through late forties.  However, I have a large number of clients over the age of 50, many of whom are retirees or who are interested for a variety of reasons in getting their estate planning in order for an affordable price and in a way that is convenient for them.  (more…)

  • Response to “Ethical Pitfalls of Virtual Law Practice”

    This past week an article came out in Lawyers USA Online entitled, “Ethical pitfalls of virtual law practice.”  The article discusses some of the ethics risks that exist in this form of law practice.  However, there are a number of safeguards and smart practices that an attorney may engage in to avoid these “ethical pitfalls.”  While the article quotes a handful of solutions, it does not cover all of the different options and resources that are available to attorneys who are concerned about these risks.  (more…)

  • NC State Bar Journal Covers the Online Legal Professional

    Attorneys practicing law online and licensed in North Carolina may be interested in checking out the fall issue of the North Carolina State Bar Journal.  Several of the articles in the issue cover topics related to attorneys creating online presences, including avoiding ethical risks for law firm websites and using social networking, such as Facebook, Twitter and blogging. 

    As with most state bar publications covering topics related to technology, at least one of the articles comes with a stern reminder to follow the Rules of Professional Conduct and advises attorneys to consult with the ethics counsel at the State Bar before attempting to use any social networking as a marketing tool.  Wise advice.  I’ll freely admit that I took advantage of the ability to call the ethics hotline a few times both while working at a small firm and when I first went out as a solo with a virtual law practice.  The service is anonymous and a great way to get the reassurance and confidence you might need before taking any action.  There are more formal methods of getting written ethics advisory opinions, but being able to make a quick phone call for small matters, many of which may just be affirmation of good common sense, is a valuable service from the Bar. 

    With the lines between the personal and professional being so thin with many popular forms of online social networking, it’s good to know you can check with someone from the Bar who handles ethics issues on a daily basis.  It’s a “measure twice, cut once” philosophy and serves well for any professional placed in a position of trust by members of  the general public.

  • Podcast Interview on The Virtual Paralegal

    Interested in using a virtual paralegal for your virtual law practice?  I was one of the interviewees for a recent podcast for The Virtual Paralegal on Legal Talk Network discussing virtual law firms.   The co-hosts, Lynne DeVenny and Vicki Voisin, asked great questions covering security and confidentiality issues involved in working with virtual paralegals in a virtual law practice.  This would be a useful podcast to listen to for both attorneys thinking about hiring a VA for their practice and paralegals interested in learning what an attorney would look for in hiring someone to work in a virtual law office.

  • Article Notes Rise in Virtual Law Firms

    Today’s Legal Technology section over at Law.com has an article about the increasing number of solo practitioners who are profiting from going virtual.  As I’ve blogged about in the fall of last year, operating a virtual law office is a great way for a solo or small law firm to compete in this difficult economy.  The general public, our clients, are seeking more affordable legal services and they want the convenience of using technology to acquire those services.  After all, being able to take care of your legal needs at 1am without having to take time off of work or arrange for child care saves money as much as a reduced legal fee.

    I have noticed an increase in my virtual law practice since last October and many of my online clients are forthright about why they decided to come to my VLO instead of going to a traditional law firm.  My clients are scattered across the state so at the same time that I am helping my clients, I am also helping my law practice by being able to expand my client base and compete with traditional solo practices in my state.

    Working with VLOTech to set up other attorneys with virtual law practices and seeing the increase in interest in the web-based technology assures me this is a trend that is not going anywhere anytime soon.  Check out some of the newest VLOs in my links to the right.

    The Law.com article talks about virtual law practices that communicate through email (usually unencrypted and not secure), phone and Internet but does not really give us the details on what technologies these virtual law practices are using.  The focus is also on collaboration virtually between attorneys rather than online attorney and client communication.  Let’s hope data security is a primary concern for these practices with whatever technologies they are using to deliver legal services.  Expect to see future articles that focus more on attorney/client online communication to deliver legal services online.

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