Virtual Law Practice

Tag: Practice Management

  • Online Legal Marketplace Book Release

    Consumer_Law_Revolution_Cover_ONLY (2)My new book about the online legal marketplace, Consumer Law Revolution, was released today from the publisher and pre-orders should be shipping this week.

    I’m excited to share this book with the legal profession. It dives into an area that is growing in practice and where we don’t have clear, established best practices to guide us. The online legal marketplace naturally involves technology and the unbundling of legal services, but also new forms of online lawyer advertising and collaboration with non-lawyer legal service companies that provide online marketing tools and platforms for lawyers to connect with consumers.

    As with most of the work I do, part of my motivation for writing this book was because growth of the online legal marketplace increases access to justice by providing the public with alternative methods of receiving assistance and of matching them up with the lawyer or self-help service that will be best for them. By alternatives, I mean that more individuals will be able to find a legal service that they can afford to pay and which are delivered in a manner that they are able to receive it without financial or physical hardship.

    The book covers a lot of online marketing basics but also provides case studies of many of the legal technology startups that are coming on the scene to disrupt the delivery of legal services. Lawyers need to be a part of this disruption. For most of these case studies, I joined up as a lawyer and as a prospective client to see how the process worked from both sides. I hope the readers will find this review and my analysis useful in making selections about which branded networks to join. There are checklists and suggested best practices as well as evaluation of the potential ethics issues that may arise.

    I look forward to the conversations and debates this book will generate. I did not mince words in criticizing the outdated lawyer advertising rules and questioned the lack of data behind many of the assumptions that are behind those rules. If there are answers to my questions or reasons my proposals would not be feasible, that’s great. If there are none, then I hope this book sparks some reform or clarification or something useful to further the progress of our profession’s ability to stay relevant and adapt effectively to the changes in the legal marketplace. Thanks to everyone who supported my research and writing for this book.

    Here’s the official marketing copy for the book from the ABA LPM:  (more…)

  • Virginia State Bar Publishes Virtual Law Office Ethics Opinion

    virginiaThe Virginia State Bar has published Legal Ethics Opinion 1872 on virtual law offices and the use of temporary office space on March 29, 2013.

    The ethics opinion acknowledges that virtual law offices and temporary or leased office spaces do not always go together, but it addresses both from the standpoint of ethics issues, such as providing contact information in marketing, supervision of lawyers and nonlawyers in the firm, confidentiality of the tech and competency using it to work with clients online. The opinion also acknowledges that these ethics issues are the same that come up with traditional firms just in a different context and should be treated as such – a message I’ve been preaching for years.

    Perhaps because of the Virginia Disciplinary Matter that came up last year regarding the lawyer who was disciplined for violating lawyer advertising rules in marketing his virtual law firm, this new opinion mentions that the lawyer can’t list temporary office space in advertising a virtual law office to make the firm look like it is larger or has more resources than it actually does. It seems the easiest thing to comply with this would be to put “by appointment only” next to any contact address where you have temporary office space and want items mailed there but don’t actually work from that location on a regular basis. The opinion doesn’t say this, but that’s my take and also what the NC Bar put it its opinion on that topic last year.

    As usual, the big key to complying with lawyer advertising rules comes down to being transparent in your business practices. This is something lawyers should be doing anyway as business owners even if the RPC weren’t there. Being false or misleading to clients about your ability to provide services to them isn’t going to win you loyal clients and referrals in the long run anyway. There’s another reason we should teach marketing and practical business skills to law students. We wouldn’t end up with practitioners who think acting like unscrupulous, hit ’em over the head, insincere sales people is going to help with long-term client development. That’s a rant for another day.

    The new Virginia State Bar Ethics Opinion touches very generally on the basics to watch out for when operating a virtual law office. This is a good thing because I suspect in the next five to ten years all law firms will have some form of online delivery component even for their full-service, in-person clients and more will want to cut costs by using temporary office space. [HT to Niki Black for bringing this opinion to my attention.]

  • Client Portal Matrix

    Last week I gave a presentation with Chad Burton at the ABA LPM Spring meeting about the eLawyering Task Force‘s newest project, the Client Portal Matrix, formally titled as the “Comparative Evaluation of Web-based Practice Management Software with Client Portal Applications for Solos and Small Law Firms.” Donna Seyle, who did most of the work gathering data for the matrix, was unable to make the meeting so I filled in to discuss some of the practical uses of a client portal in law practice and the best practices and ethics issues that might come up.

    The matrix will be posted on the eLawyering website in the near future. It is a work in progress, but is already a useful tool and starting point for lawyers considering virtual practice. It was designed primarily for solo and small firm practitioners. The matrix focuses on cloud-based, SaaS solutions and specifically excludes the online client portals and tools provided by branded networks, such as Rocket Lawyer. The focus of this project was on client-facing technology so also excluded were systems that focused on other administrative tasks, such as time and billing, calendaring, or matter management among others. There are fourteen companies with client-facing features on the matrix so far.

    It makes me think back to eight years ago when I opened my solo virtual law office and co-founded the system that is now Total Attorney’s platform with client-facing features. At the time, there weren’t any SaaS options out there for a practitioner. Now there are choices and more most likely in the works. Expect to hear more clients asking their lawyers and firms for online access to their legal accounts. If you don’t have a client portal or any client facing features in the technology you use for your firm, you need to consider in the near future how you will add it to the mix. This is going to be the case whether you are delivering legal services online with a virtual law office or operating a traditional law firm without online delivery options. It’s about client access and good customer service which should apply in any firm structure.

    http://www.flickr.com/photos/surfstyle/
    http://www.flickr.com/photos/surfstyle/

  • Balancing Fun with Legal Nuance in Game Design

    BalanceLawyers are trained to over think things to the point of taking the fun out of them. I’ve learned I am no exception. This was one of the first obstacles in the process of creating a game for legal services.

    The game design document, the blueprint for the actual game, is almost finished. We will take this doc to the developers and rest of the team necessary for the next steps in production. Getting the theme nailed down was the first step in the process. The second was to present legal consequences in a way that is humorous and instructs through problem solving.

    I provided my game designer with a variety of different legal scenarios related to estate planning and administration. I have practiced estate planning for ten years and had done estate administration before going into solo practice. I have seen the damage done to families and loved ones when they fail to handle their estate planning. Many Americans should have their wills and medical directives drafted, but most do not know that they need these documents in the first place or the value that they have to protect their families.

    We are dealing with a depressing topic that not many people are eager to discuss. Who wants to think about their eventual demise? How do you make that fun? We are going to try humor.

    I tried to analyze all of the potential ways the player could solve the legal issues that were being presented in the game. This is where my training threatened to take the fun out. This is part of the reason I wanted my team to be made up of individuals from the game industry who do not have a legal background. One lawyer throwing cold water on the production is enough.

    Of course the necessary disclaimers will be slapped on the final product to provide notice that we are not providing legal services and so that no one will assume that the solutions in the game play are the actual solutions the player should take in real life. We are trying to reach players on an emotional level to engage in thinking about estate planning and, through sharing components in the game play, engage in a dialogue with their friends and family about it as well.

    My game designer has her own analysis of the mechanics of the game play that she must work through. That type of over thinking through the process is practical. My analysis as a lawyer needed to stop at a certain point in order for us to proceed with making a good game. In fact, the deeper we went into the “but if this, then that” or “but also this is a possibility”, the closer the game got to becoming a traditional, educational legal game. This game is intended to be broad in scope and to provide basic legal education. The game rewards the player with access to real-world legal services if they choose them and at that point the player can seek assistance that goes deeper into their personal legal needs.

    Then came another issue in the game design when we thought about levels and rewards. How do you rank or assign points to personal choices? How do you place values on choices in game play that result in a reward when the choices made in solving the problem are based on the personal values and priorities of the player?  One potential good solution to a legal problem may not be a priority to another player based on personal preferences or individual circumstances. (more…)

  • Slides from Presentation to Chicago Bar Association

    Today I gave a presentation which was live but also webcast for the Chicago Bar Association. Here are the slides from that talk. I’ve started just using graphics on slides so I’m not sure how useful these will be to anyone without the context, but here they are anyway!

     

     

  • Bitcoin as Payment for Legal Services

    bitcoinOne of my law students recently raised this question to me:  Could a lawyer allow payment for legal services in Bitcoin? It’s not a question I’ve ever heard before, and it’s a good one.

    Bitcoin is digital currency and it’s not managed by any central authority but the transactions occur through Bitcoin miners which is basically a server that communicates and confirms the transaction and records it on a ledger. They can be transferred by mobile devices. Recent articles have suggested that eBay and Paypal may open up their sites to the use of Bitcoin.

    There is criticism around Bitcoin that the exchange rate is too volatile. A Twitter follower in response to my posing of this question replied: “Would you accept bearer bonds?” There are also potential security issues. The best article I’ve read on that subject was in Wired by an author who had tried to break Bitcoin and failed. And then there are the questions about IOLTA and trust accounting rules and compliance. There is a Bitcoin Foundation which supports the standardization of Bitcoin and claims to support the software design and cryptography behind it.

    I could find only one other instance where anyone in the legal profession was offering payment by Bitcoin. A law firm in Albuquerque called Law 4 Small Business published a press release announcing their offering of payments via digital currency.

    For a virtual law practice, adding Bitcoin to possible online payment methods might make sense. I’m still thinking through this one. Anyone else have any reactions?

     

  • New York Publishes New Ethics Opinion – Had a Pow-Wow with NJ?

    NYThe NY State Bar Association Committee on Professional Ethics has published a new ethics Opinion 964 on April 4, 2013 that affects virtual law offices. (HT to Niki Black for bringing it to my attention.)

    The opinion is more related to lawyer advertising than virtual law offices, but it affects advertising for virtual, traditional and hybrid delivery models. The opinion was prompted by an inquiry from a lawyer who delivers immigration law services primarily online. Like many lawyers with virtual law offices, the lawyer rarely meets with clients in person and communicates using video conferencing and other digital methods of communication. Working from home, the opinion explains that the lawyer did not want to have clients coming to her home office. Accordingly, she preferred to use a PO Box or other mailbox service than providing her home address.

    We have seen this question in other states. NC’s proposed ethics opinion on the use of leased time-shared office addresses ran through a similar scenario and inquiry. Virginia’s recent disciplinary case with a lawyer who claimed to have a state-wide virtual law firm in his misleading advertising also raised the issue. So how did NY decide to respond? Hint: I think they had a BYOB pow-wow with the NJ ethics folks.

    (more…)

  • Law Practice Technology in Law Schools

    Please take a minute to read Richard Granat’s post entitled “10 Top Law Schools Teaching Law Practice Technology.”

    The eLawyering Task Force is working on a project to identify law schools that are adequately preparing their students to enter practice with practical skills related to the use of technology. The Task Force is currently reviewing the programs and courses offered at different law school and has identified ten that meet the criteria discussed in the post.

    What is your law school doing on this front? Is it enough?

     

  • Game On!

    DiceI’m making a game and it involves legal services.

    For the past six months, I’ve researched the idea of creating a game that would engage and empower the public to learn legal issues surrounding personal legal services.

    Why am I doing this? When I was ten years old, I didn’t dream of being a lawyer, I dreamed of being this woman, a well-known computer game designer. When I went to college, computer science as a major was in its infancy and a class in game design was unheard of. Life happens. About six months ago, a friend pulled me back into gaming as a hobby – something I had sacrificed to give attention to my children when they were babies. Now back into gaming full force, I remembered how powerful it is as a tool of engagement. That made me start thinking about how cool it would be if we could use games to engage the public to learn about their rights and the law in a way that would help them prevent legal needs before they occur.

    I starting researching the use of games for social good. Yes. There is a small segment of the game industry that develops games that will have an impact on society. It’s not all about first person shooters and role playing games. There is even a Games for Change Festival that showcases these games and those who work to create them. I read Jane McGonigal’s book Reality is Broken: Why Games Make Us Better nad How They Can Change the World. Watch her impressive TED talk video if you don’t have time to read the book.

    I also have immersed myself in game design and theory, exploring a “playcentric” approach to design which emphasizes playtesting and user experience before hard core development even begins. I also started exploring the tutorials on different game engines, including Unity, LiveCode (big thanks to the brilliant David Johnson for this one and for the brainstorming sessions), and MIT’s Scratch and using Code.org to start learning JavaScript, HTML, and CSS. I also started researching and understanding the marketplace for games (the legal services marketplace I think I know pretty well by now) and the different platforms for publication.

    What has been done so far surrounding legal services is focused more on educating school children on the legal process or it is geared towards law students. There are a few others that are focused on educating the public, but they tend to be heavily text-based, and frankly, I got pretty bored playing them.

    Here is an example of a game for social good. In March, a game called Half the Sky Movement was launched as a Facebook game to help end world hunger. The game play is a compelling story about empowering women, and allows the user to donate to a variety of causes as he or she plays through. The game allows the user to unlock free rewards. For example, one of these might be that a real world book would be mailed to a girl in India from a foundation which donated to the nonprofit, Room to Read Foundation. While learning about a social situation, the player is rewarded by connecting with real-world individuals. There is a sharing component and multiple layers of engagement throughout the game.

    This, and games like it, inspired me to think that what we really need for legal services is increased ENGAGEMENT – before a legal need arises. That is exactly what games provide when they are done right. The game we are creating isn’t going to be an iCivics or any courtroom-based legal education game. It isn’t going to be preachy or overly full of text. It is going to be a game you would want to play and it will have an unique connection between the legal services marketplace and the players. That’s teasing. I’ll reveal more as I go along. (more…)

  • Can’t We Do the Same Thing?

    Chairs turned aroundThis weekend I gave a presentation for Avvo’s Lawyernomics Conference in Las Vegas. I was talking about the subject of my new book and giving examples of the online marketing tools that branded networks provide for lawyers in their network to use to connect and work with clients online. There were several great questions from the audience throughout, but one question in particular struck me: Couldn’t we use the same techniques the branded networks are using on our own law firm sites?

    Yes. Lawyers can use very similar techniques on their websites to draw prospective clients. Lawyers can create web calculators, provide free legal forms and resource libraries, use real-time chat and video to hold initial free consultations, and provide a way for prospective clients to register to request legal assistance directly on their website. These are all things that many virtual law offices include in their website design. These lawyers add various “calls to action”, create landing pages, and connect the resources provided on their site with the sharing components of their different social media account activities. They share and put their valuable content out there for the public. It builds and expands their firm’s online brand and reputation. Lawyers may use different tools to run analytics on their site and their different marketing campaigns and refine them as needed. However, it is still difficult to use all of these same techniques as branded networks and compete effectively. It’s just not enough was the message I had for them.

    Why is it not enough? Because the companies marketing direct to consumer are not restricted by any lawyer rules of professional conduct, whether it’s advertising rules or the lovely Rule 5.4 that restricts fee sharing and protects the “independence of the lawyer.” Branded networks are not small business owners, but companies who typically have sizable marketing budgets devoted solely to the purpose of D2C marketing. They can pour a lot of that money into building their brand and spreading it to particular target markets for online, personal legal services. In terms of competing with these companies for purchasing Google AdWords or keywords in any search engine, it is going to be very difficult for any solo, small or medium sized firm to do for a long enough period of time for it to have an impact on client development.

    I was honest with this audience. I told them that seven years ago it had been easier to be a solo virtual lawyer, such as myself, to market my online unbundled services using online marketing and social media engagement. However, as the years went by and the options for online offerings increased, especially in personal legal services such as estate planning and family law, it became increasingly difficult to compete in the search engine rankings without investing a significant amount of marketing dollars on online campaigns. What could have been done before 2007 on almost zero cost other than my time and energy and consistency, now takes a significant monetary investment.

    That was the reality I shared with these attendees and asked them to look at the future development of this trend in the online delivery of personal legal services as an opportunity for collaboration rather than as a threat to their law firm model. Clearly, virtual law offices that are completely web-based without a traditional law office are going to be the most threatened. But it’s also even more important that these practices learn how to ethically use online marketing tools provided by branded networks and engage in their lawyer networks in a way that helps them build and expand their brand and push traffic and prospective clients back to their firm’s site rather than just exert all their energy providing free content and value to the branded network.

    Developing best practices and a law firm policy for using the online marketing platforms provided by branded networks is going to be a key component in the future of lawyer advertising – whether you have a virtual law practice or a traditional one.

     

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