Tag: SaaS

  • Clearing Up the Terminology Before TECHSHOW

    TECHSHOW is here.  Some of the buzz this year is related to cloud computing, SaaS and web-based technologies that take aspects of law practice management online.  There are a lot of terms thrown around when discussing these topics.  One of them is “virtual law practice”.  We are bound to hear this phrase several times during TECHSHOW in various contexts.  Other terms, including VLOs, VLPs, virtual law offices, virtual law firms, online law offices, web-based or web-enabled law offices, are used to describe different methods of elawyering. However, when they are used, they are often not used to mean the actual delivery of legal services online to clients. 

    Elawyering is defined by Marc Lauritsen, the co-chair of the ABA’s eLawyering Task Force as

    all the ways in which lawyers can do their work using the Web and associated technologies.  These include new ways to communicate and collaborate with clients, prospective clients and other lawyers, produce documents, settle disputes and manage legal knowledge.  Think of a lawyering verb — interview, investigate, counsel, draft, advocate, analyze, negotiate, manage and so forth — and there are corresponding electronic tools and techniques.

    Check out the eLawyering Task Force’s website for more white papers and links to info about different elawyering methods. 

    When you ask attorneys to explain in detail what they mean when they say they have a “virtual law firm,” they may describe different combinations of elawyering.  However, from firm to firm there is usually a great deal of difference in the web-based technology they are using and each firm’s purpose for that technology in the scheme of their law practice management.

    So why try to limit the definition?  After all, when we try to cage something in there is the risk that this discourages future innovation and development of new forms of elawyering.  The key is whether the attorney is actually delivering legal services online to clients.  It should matter greatly in our profession for malpractice and ethics concerns.  If they are, the standards for daily use of web-based technology will be higher than if the technology is not being used to handle sensitive attorney/client data.  In other words, it should matter to their clients and their state bars whether they are delivering legal services online to clients using unencrypted methods of delivery and software products without the benefit of user agreements developed for the needs of legal professionals. 

    A virtual law practice involves the delivery of legal services to clients securely over the Internet by way of a client portal — whether the virtual law practice is completely web-based or integrated into a brick & mortar law office where the attorneys see in-person clients as well as their online clients.  Regardless of what web-based technology is used, the law firm is working with the client from the beginning of the legal representation through to the payment and rendering of legal services.   

    When discussing these issues, let’s be clear about what is meant by a “virtual law firm.”  It may be a paper(less) law office and the technology may be used for aspects of law practice management, but it is not virtual law practice.  When the practice of delivering legal services online to our clients is commonplace, as it will become in the near future, these distinctions will seem ridiculous.  But for the time being, they are important to keep us all on the same page.

  • 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

  • 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.

  • Online Document Signing for Your Virtual Law Practice

    One of the questions I hear regularly about virtual law practice is related to the execution of legal documents and how that process can be handled through a virtual law office.  I’ve written before on this blog about the establishment of the attorney/client relationship online and how an attorney may rely on a clickwrap agreement to ensure that the client has read and accepted all of the terms and conditions and the scope of the legal representation that will be conducted online. 

    I use a clickwrap to serve as the engagement letter for my virtual law office.  Other attorneys will use the clickwrap in addition to uploading a traditional engagement letter for the online client to sign, scan and upload back to the virtual law office.  There are many other examples of when an attorney may need to have his or her client sign a document.  Having the client give the attorney a Power of Attorney to act on the client’s behalf is one of those situations. 

    Enter Right Signature.  This application provides a way to obtain a legally enforceable digital signature on a document without your online client having to own a scanner or having to go to the trouble of printing it, signing it and uploading it back to you on your virtual law office.  (Many thanks to Lee Rosen of the Rosen Law Firm for pointing this product out during our recent CLE presentation). 

    You can try Right Signature for free to see if it would work for your virtual law practice.  It has authentication and security technology that make the digital signatures binding and legally enforceable.  The product is a SaaS hosted application so the documents and the digital signatures are stored on a secure server.  The process is really simple for your clients to execute so it may actually be faster to get them to sign digitally online than requiring them to upload a traditional, scanned-in signature on a document.  As a useful tool for your virtual law practice, I’d say this one is worth the monthly $14 fee if you need your clients’ signatures on a regular basis or don’t want to rely on the clickwrap agreement alone.

  • lawtechTalk Screencast Features Cloud Computing

    The recent screencast from lawtechTalk features cloud computing and your law practice.  Attorney and law and tech blogger Nicole Black explores features of VLOTech, NKrypt and NetDocuments.  You may watch the screencast for free for a limited time by contacting her.  Nicole is a supporter of cloud computing or using SaaS in law practices but also discusses the necessity of attorneys to be educated regarding the technology, security and ethics issues that may arise in taking all or a part of your law practice online.

  • Mid-Year Review – Virtual Law Practice in the News

    Virtual law practice has been a hot topic in the press repeatedly over the first half of 2009.  There have been articles about virtual law practices in its many different forms, from web-based solo practices to remote BigLaw attorney collaboration.  The use of software as a service (SaaS) technology and talk of practicing law “in the cloud” have been discussed in legal blogs and other publications.

    Companies such as Rocket Matter, Clio, Directlaw, Lexbe, VLOTech and others are encouraging the legal profession to consider the use of technology to deliver legal services online or to take a portion of their law practice management virtual.  The efficiency and cost-savings to both the attorneys using the technology and to the general public is showing as the popularity of virtual law practice in its various forms increases.   The ethics and malpractice risks associated with practicing law online are also being discussed as the legal profession learns to adopt to the changes that are taking place.  It’s an exciting time to be involved in law practice management and to operate a virtual law practice.

    As a resource, I’ve compiled links to articles that have come out in the past six months or so regarding virtual law practice.  These are in no particular order and I’m sure there are more out there.  Please drop me a comment to share.

    Does the Future Belong to Virtual Law Firms?, The American Lawyer, Law.com, Legal Technology, August 3, 2009

    How Virtual Lawyers Are Weathering the Recession, The Times, July 30, 2009

    Virtual Law Partners Hires Four Attorneys, JDJournal, Jun 30, 2009

    Virtual Law Firms Going Viral, by Carolyn Elefant, June 26, 2009, Law.com Legal Blog Watch

    Virtual Law Practice: A Passing Trend or the Wave of the Future?, by Aviva Culyer and Nicole Black, GP Solo Magazine, Volume 26, Number 4, June 2009

    More virtual law firms sprout up, by Mitch Kowalski, National Post, June 26, 2009
    Law firms boost their image and client base by going social, Long Island Business News, July 9, 2009

    The Nuts and Bolts of a Virtual Law Office, by Chuck Newton, Texas Bar Journal, June 2009

    More legal issues when working in the cloud, by Carolyn Elefant, Law.com Legal Blog Watch, July 8, 2009
    Best  Practices for Virtual Law Firms, by Richard Granat, eLawyering Blog, January 10, 2009
    Virtual Law Firms Stay Afloat in Tough Times, Fulton County Daily Report, Law.com, Legal Technology, May 6, 2009
    Richard Susskind’s keynote presentation at the April 2009 ABA TECHSHOW discussed disruptive technology changing the face of the legal profession.
    Law Firm Websites that Work, “Virtuality”, ABA Journal, April 2009
    Virtual Courthouse Wins 2009 ABA Brown Award for Legal Access
    Law Practice Management in the Cloud, by Nicole Black, Practicing Law in the 21st Century Blog, May 12, 2009
    Practicing Law with SaaS, by By Luigi Benetton, Canadian Bar Association’s National Magazine, Winter 2009
    Cloud  Cover: Software as a Service enables virtual law practice management, by Luigi Benetton, Canadian Bar Association’s National Magazine, June 2009
    Why Going Home To Go To Work May Be Just What Your Client Wants,by Susan Cartier Liebel, Build a Solo Practice, LLC, June 22, 2009
    The Cloud Explained, by Larry Port of Rocket Matter, Findlaw Legal Tech Center, 2009
    Lawyers find meaning floating on the Tag Cloud, by David Bilinski, Thoughtful Legal Management Blog, June 9, 2009
  • Social Networking Policies for a Virtual Law Practice

    Last week I gave a brief presentation for the Legal Services National Technology Assistance Project (LSNTAP) about developing policies for online social networking. While researching for the presentation and round table discussion, it occurred to me that having a policy in place for social networking is a wise idea for a virtual law practice. Considering that a great deal of the marketing and professional networking for a virtual law practice is going to be handled online using social networking tools, it makes good sense to establish a policy for your practice whether you are a solo practitioner or a medium-sized online law practice with virtual assistants.

    If you haven’t already, please check out Carolyn Elefant’s ebook Social Networking for Lawyers: The What, Why and How.  This is a good resource regarding the use of social networking for legal professionals and could be useful for developing your own social networking policies for a virtual law practice.

    Here are some social networking policy suggestions from my presentation that can be applied to a virtual law practice: (more…)

  • Update to Virtual Law Practice eBook

    Please check out the latest, updated version of my free eBook, Practicing Law Online: Creating a Web-based Virtual Law Office.  Because the technology behind virtual law practice is changing at a rapid rate and because new state bar advisory opinions on the topic are starting to emerge, I plan on updating the eBook at least every six months.

    For this latest update, I conducted some additional research online through the Cornell University Law School’s American Legal Ethics Library which has a great state-by-state comparative analysis of the ABA’s Model Code.  There were some new state bar advisory opinions that related to third-party service providers, online backup and retention of law office data, email, online advertising and other technology related topics.  I included these in the different sections of the eBook relating to ethics and malpractice issues in virtual law practice.  I’m sure there are more formal and informal opinions from state bars out there that I did not find.

    Please share if you have any experience presenting technology-related law practice management questions or formal advisory opinions to your state bar.  I’ll post them on the blog and add the information to the eBook — with a hat tip to the sharer, of course.

  • Setting Guidelines for Virtual Law Best Practices

    A small group of companies providing software as a service (SaaS) products to legal professionals will begin meeting to discuss the use of SaaS technology in law practice management.  The group also hopes to discuss among other things a set of minimum security requirements for SaaS products used by attorneys.  As a co-owner of VLOTech, I am excited to be included in this group of innovators and entrepreneurs when they meet for the first time next week. 

    Last week, the ABA’s eLawyering Task Force held a conference call which I was able to join in on.  Over the next several months the Task Force will be working to establish a set of malpractice standards or guidelines for attorneys using technology to deliver legal services.  The Task Force plans to meet at least once a month to discuss these malpractice standards among other issues.  The goal would be to establish a set of guidelines that could be approved by the ABA’s Law Practice Management Section and posted on the ABA’s website.  Attorneys interested in establishing virtual law practices or in using technology to practice law in any form would be able to refer to these standards and present them to their state bars in support of their virtual practice methods.  

    Hopefully input from both the SaaS group and the Task Force will be combined in the final version of any guidelines, and that these guidelines will address both the needs of the legal professional as well as the general public’s need for more affordable and convenient legal services.

  • Top Ten 2008 Developments in Virtual Law Practice

    Happy New Year!  The following is my list of the top ten developments in the delivery of legal services using technology that have happened in the past year.  Please feel free to expand on this list in the comments.  I’m also including at the end my predictions for virtual law practice in the new year.

    1.  Richard Susskind’s book, The End of Lawyers? Rethinking the Nature of Legal Services, is published.  The book discusses “disruptive technologies” that allow attorneys to provide legal services online.  Susskind predicts that attorneys who adopt rather than resist these changes in the technology used to deliver legal services will prosper as the profession adapts to marketplace changes.  The public’s need for affordable and accessible legal services will drive the legal profession’s use of technology to meet this demand.

    2.  State bars and other professional legal organizations offer CLEs and sessions geared at teaching attorneys best practices and security standards for using technology in their law practices.  Popular topics include email security, online backup solutions for law office data, minimizing metadata and using scanners to decrease the use of paper.  See the ABA’s Legal Technology Resource Center’s website for a list of 2008 articles.  In addition to increased law and technology management education in the profession, several state bars provide specific ethics decisions with approval for virtual law offices (VLOs) and/or allow for attorneys to provide unbundled legal services online.

    3.  More attorneys turn to piecemeal technologies and free online apps to collaborate with each other and their clients online.  Basecamp, Google Docs, Adobe ConnectNow, Webex, GoToMeeting, and Dimdim are a few of the popular web-based tools.  

    4.  New web-based, software as a service (SaaS) law practice management products launch, including Rocket Matter and Clio.  Popular legal blogs and listservs discuss the pros and cons involved in the use of “cloud computing.”  The discussions center on the security and backup concerns with a hosted system.

    5.  VLOTech sets up web-based, virtual law offices (VLOs) in Alabama, Maryland, South Carolina, Texas and Virginia with more VLOs planned in Alaska, New York, Pennsylvania, Tennessee and North Carolina for the upcoming year.  The technology aims to provide attorneys with the flexibility to operate a completely online law office or to combine the technology with a traditional law practice and offer unbundled legal services online.  “VLO” becomes a more recognized term for a web-based virtual law practice and elawyering.

    6.  Virtual Law Partners opens its doors as the newest example of BigLaw using technology to allow its attorneys to work remotely and collaborate on legal cases.

    7.  LegalZoom comes under fire over filing fees that the legal document service company charges to online clients, in particular in relation to the filing of trademark applications with the USPTO.  Critics of invention submission companies and of companies that provide form-generated legal documents in general spoke out about what they saw as the potential misleading of the public by online companies offering legal services where an attorney was not involved in reviewing the final legal product. 

    8.  With more attorneys practicing law using mobile devices and relying on electronic forms of communication with clients and other attorneys, management of electronically stored information (ESI) became more of a concern.  Solos and small firms are expected to understand e-discovery and ESI management in their daily practices.  Check out the archives of the EDD Blog co-authored by Bob Krantz and Jeffery Fehrman.

    9. Larger numbers of attorneys adopted popular online social networking tools to meet up with others in the legal profession.  Twitter, Facebook, LinkedIn, Legal OnRamp, JD Supra and other sites connect attorneys with each other and prospective clients. 

    10. Some useful law and tech/practice management blogs came online this year, including Law 21, Above and Beyond KM, 3 Geeks and a Law Blog, and Law Practice Matters, among others.  Blogging continues to grow as an attorney marketing tool and is used as a method of providing the public with basic legal information and resources. Law blogs remain a method for attorneys to educate themselves and network in their individual practice areas.  The Louisiana State Bar’s proposed rules of professional conduct touch on attorney blogging, social networking and other forms of online attorney communication causing some concern and originating in a lawsuit from attorneys in that state. 

    My predictions for virtual law practice in 2009:

    1.  Attorneys will continue to question web-based, hosted software providing law practice management tools. However, companies providing SaaS legal products will band together to establish standards regarding the security of their products for the benefit of the legal profession and the reputation of the companies and the saas business model. 

    2.  The ABA will move forward with proposing standards or policies for the delivery of legal services online. The eLawyering Task Force as well as the Standing Committee on the Delivery of Legal Services will both play a critical role in establishing these guidelines.

    3.   Attorneys hit hard by the downward economy will seek out ways to minimize their law practice overhead using technology.  Some will use piecemeal software solutions to minimize overhead in law office administrative tasks. Others will consider opening completely web-based VLOs to get rid of the law office lease and expand their client base statewide or nationwide depending on their practice areas.  

    4.   More attorneys will realize that customer service is the key to growing a successful practice and that the public is demanding more efficient and convenient legal services through the use of technology.  This will prompt more attorneys to provide unbundled legal services online to clients either as the sole form of virtual law practice or in addition to their traditional law office practice.

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