Virtual Law Practice

Tag: Practice Management

  • The Xemplar Attorney

    I’m honored to be named the first Xemplar Attorney, a new project sponsored by LexisNexis to acknowledge and encourage attorneys to use innovation in law practice.  The project has an incredible board of well-known attorneys, including Bob Ambrogi,  Nicole Black, Rodney Dowell, Carolyn Elefant and Gina Madsen, who will select an attorney each month to feature on the site.

    Others may submit contributions to the project and nominate another attorney to be featured.  I’m excited to have been included in this project and am looking forward to seeing the many innovative attorneys that it will put a spotlight on.

  • 2010 Review of Virtual Law Practice in the News

    It’s time again for a recap of virtual law practice news and articles since my last compilation this summer.  As usual, the goal is to provide a resource of links to articles, podcasts, and videos that discuss developments in elawyering and the delivery of legal services online.  If you know of any others, please add them to the comments.

    “In the New Economy, Use New Strategies to Hire Law Firms”, New York Times, by James Flanigan, December 29, 2010

    “Law and Legal Affairs: Lawyer uses virtual fish to hook share of online market” , The Scotsman, by Martin Hannan, Dec 12, 2010 

    “Virtual law practice a real-life convenience,” Wisconsin Law Journal, by Jane Pribek, December 24th, 2010 (more…)

  • Law Firms Providing Unbundled Services Online to Meet Public Demand

    Gary Munneke, Chair of the Law Practice Management Committee, at the New York State Bar Association has written a thought-provoking article entitled “Dueling Sanctions . . .  And More” in a recent NYSBA publication.  He refers to an incident reported by the ABA Journal  about a law firm that came under heat from another firm for providing unbundled, self-help legal documents to individuals through the firm’s website. 

    By now our profession should be able to admit that we know consumers are going online in large numbers seeking out online legal services.  Typically they end up at an online legal service company that provides state-specific legal forms without attorney review.  In the worst cases, they are attempting to Google their legal needs and cut and paste together documents that they can’t afford an attorney to help them with. 

    Wouldn’t it be better if the public knew they had an alternative to these options and could actually obtain unbundled legal services from a licensed professional?

    Realizing that self-help legal forms and other free, educational legal content can be used both for the benefit of the public and as a marketing tool for the law firm, some attorneys are beginning to offer self-help services and resources through their website.  This gives them a competitive advantage over law firms that do not offer this online. 

    In many cases, the pro se individuals discover after downloading the forms that they could really use an attorney’s help in proceeding.  They end up going back to the firm that was willing to provide them with the DIY method first without charging them a $200 hour consultation first.  The attorneys posting these self-help documents on their websites realize the current availability of legal forms online and have identified the public’s interest in DIY legal assistance. 

    While firms some offer these forms for free, the attorney in the case discussed by Munneke charged $19.95 for the unbundled legal forms.  That has the potential to pull in a little extra revenue for the firm in addition to some potential prospective clients.  Not a bad marketing strategy that keeps that firm in the running with the online legal service companies.  Law firms that do not offer unbundled legal services, online or off, should reconsider how their firm is adapting to changes in the legal marketplace. 

    As Mr. Munneke writes in his review of this trend:

    Many services, some run by lawyers and law firms, and some not, make available a cornucopia of information, forms, and interactive advice. Although many law firms have eschewed online legal services delivery systems, and use their websites as online billboards, the trend in practice is for more firms to provide more services online. These online services will siphon legal work from pure bricks and mortar law firms in coming years.

    There are two trends here that should be closely watched in 2011:

    1)  The delivery of unbundled legal services is gaining renewed popularity, and

    2)  Elawyering methods, such as the use of a virtual law office and client portals, are growing as lawyers recognize their ability to use the technology to meet a consumer need and create a more efficient and cost-effective delivery of services.

  • Legal Cloud Computing Association Forms, Responds to ABA 20/20 Ethics Commission

    I’m excited to announce the formation of the Legal Cloud Computing Association (LCCA).  See the formal press release below my comments. 

    About two years ago when I was owner of VLOTech, Larry Port of Rocket Matter reached out to me, Jack Newton (Clio) and Richard Granat (DirectLaw) about forming a group to address the concerns that legal professionals had surrounding cloud computing.  At the time, we were noticing the many questions about cloud computing and security that would pop up on different practice management listservs.  We were concerned with the fact that so many attorneys didn’t seem to know much about cloud computing basics or where to go to get the answers.  The group loosely communicated back and forth on a Google group and over the phone about the best ways to educate the legal profession about the risks and benefits, but did not take any action until this fall when the ABA 20/20 Ethics Commission published its issues paper related to cloud computing.  

    I think it’s remarkable that these competing companies were able to organize an association and collaborate to draft a comment to submit to the Ethics Commission in response to the issues papers.   Since VLOTech was acquired by Total Attorneys last fall, David Dahl, the CTO of Total Attorneys, has taken over my role in the LCCA.  However, I was able to join in where I could and offered suggestions as a practicing attorney who uses cloud computing on a daily basis.  I expect that other cloud computing providers will get involved in the group as well adding to its knowledge base and expanding its ability to provide educational content to the profession.   I look forward to the LCCA continuing to take a role in helping to provide balanced technology education to the profession. 

    Below is the formal press release which links to the comment they submitted to the ABA 20/20 Ethics Commission addressing the following points:  1)  Desired form of the Committee’s Recommendations, 2) Minimal Set of Technology Standards for Cloud Computing Providers, 3) Model Terms of Service for Cloud Computing Providers, 4) Is Cloud Computing Outsourcing?, and 5) Cloud Computing Security vis-à-vis E-mail Security. 

    Legal Cloud Computing Association Press Release

  • Update: Alabama Ethics Opinion Permits Use of Cloud Computing For Client Data

    Alabama State Bar Ethics Opinion 2010-02, “Retention, Storage, Ownership, Production and Destruction of Client Files”

    This opinion addresses the following issues: 1) file retention policies; 2) how long a file should be retained; 3) what constitutes a client’s file; 4) what parts of the file can be destroyed; 5) the ethical considerations related to electronic data; 6) in what format and how the client’s file should be delivered; and 7) if the client can be charged for the cost associated with copying the file.

    Specifically addressing the use of cloud computing in practice management, the Ethics Opinion uses the “reasonable care” standard and covers the benefits as well as the potential risk.  The opinion refers to the Nevada State Bar Formal Opinion No. 33 and Arizona State Bar Opinion 09‐04 approving of third-party storage of law office data.    

    From the opinion: (more…)

  • A Revolution that Combines Humans & Computers

    Darryl Mountain, a fellow member of the ABA eLawyering Task Force, has just published “An Update and Reconsideration of Chrissy Burns’ ‘Online Legal Services-A Revolution that Failed?'” in the European Journal of Law and Technology, Vol. 1, Issue 3, 2010.   If you haven’t yet read Chrissy Burns’ article which she published as her PHD Dissertation in 2007 at the University of New South Wales. School of Law, start there first.

    Mountain’s article touches on each of Burns’ thesis points, including “the knowledge acquisition bottleneck, combining people and software, combining different technology paradigms, and combining people from different backgrounds.”  Mountain’s concludes that in the past several years since Burns’ thesis was published online legal services have continued to develop and grow in use among legal professionals and the public.  (more…)

  • Potential New Regulation of Online Advertising Will Negatively Impact Solo and Small Firm Virtual Law Offices

    There are two weeks left to submit comments to the ABA Ethics Commission 20/20 regarding its two issues papers related to cloud computing and online marketing.  I wrote about the cloud computing issues paper here, but as several fellow virtual law practitioners have pointed out to me, it is the second issues paper on the use of Internet-based client development tools that we need to be more concerned with. 

    I use most of the web-based “tools” that the paper addresses, including blogging, websites, and social and professional networking services.  I do not use pay-per-click advertising for my virtual law office.  I tried Google AdWords early on and found that I did not have the advertising budget to make it work effectively for my practice.  But without these other methods, I’m sure I would not have a virtual law office today.  At this point in my practice development, I use most of these methods to network with other legal professionals more than as a client development tool, but at what point does building a reputation for your practice turn into client development? 

    How could the virtual law practitioner possibly compete without using online marketing methods?  It would not be possible.  BigLaw firms setting up a virtual law office would have the financial resources to accomplish this, but certainly not a solo, small or even mid-sized firm.   LegalZoom, USLegal Forms and other online legal service companies are allowed to drop millions on aggressive, direct online advertising to the public.  Yet, online networking by attorneys is the big public threat?

    As a small business owner it seems absolutely ridiculous to me that I would be not be able to use the most current and effect methods of marketing my services.  I have been and always will be aware of and in compliance with my state bar’s rules and regulations regarding attorney advertising.  They are necessary, and I’m glad there are there because these rules set a high standard for advertising for professionals by ensuring that unscrupulous attorneys do not mislead or take advantage of the public.  It’s part of what sets us apart as a profession with a responsibility to the public we serve.  (more…)

  • Service of Process in a Virtual Law Firm

    More virtual law firms are springing up that combine a traditional litigation practice with the features of a virtual law office.  Members of these virtual firms use the online law office as a way to communicate and collaborate on case matters and to work remotely.  Their clients use the client portal as a way to keep current on the status of their case, review documents, avoid numerous in-office visits and to pay their legal fees online.  Some litigation practices, depending on the state bar’s rules, are foregoing the office lease and meeting with clients in shared office spaces with virtual receptionists (if you are a licensed NJ attorney, stick w/the brick & mortar expenses). 

    One of the questions I hear from litigation-based virtual law firms is how to handle service of process online.   (more…)

  • Massachusetts Lawyers Journal Article on Virtual Law Offices

    Check out the latest issue of the Massachusetts Lawyers Journal for an article I wrote about operating a virtual law office.  It covers the basics, ethics issues and marketing and was compiled from three guest posts that I wrote for Mass LOMAP this past summer.  From the publication:

    Two influential forces are driving attorneys and law firms to consider delivering legal services online. The first is the increase in our clients’ expectations for more accessible and affordable legal services through the use of technology. The second is the changing landscape of the legal marketplace and the need for firms to find different means of obtaining a competitive advantage.

    Larger law firms continue to downsize and consider outsourcing, and more attorneys, many newly licensed, are opening solo and small firm practices across the country. Virtual law practice provides a way for the legal profession to meet the needs of the general public for greater access to justice, while also addressing the practice management needs of the professionals who serve the public….

  • Accepting Nominations for the ABA Keane Award for Excellence in ELawyering

    If you are an attorney or law firm that uses technology in innovative ways to deliver legal services to your clients, please consider filling out a nomination form for the ABA’s Keane Award for Excellence in ELawyering.  Or if you are aware of an attorney or law firm that deserves recognition for the innovative use of technology to deliver legal services, please consider nominating them. 

    From the Task Force website:

    The purpose of this Award is to give recognition to law offices that have developed legal service innovations that are delivered over the Internet. The focus of the Award is on the innovative delivery of personal legal services, with special attention given to firms and entities that serve both moderate income individuals and the broad middle class.

    More information about the Award and the nomination criteria is here.  The Award is given out by the eLawyering Task Force at the ABA TECHSHOW in Chicago usually following the keynote speaker (and I’m thrilled to say this year that speaker is Professor Larry Lessig!)  Nomination forms are due January 14, 2010.

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