Virtual Law Practice

Tag: secure client communication

  • Does Focusing on “the Business” Lead to a Decline in Professionalism?

    Two recent events have led me to ponder this ongoing debate of whether focusing on the business aspects of running a law practice in some way threatens the legal profession. Perhaps it’s because my state tends to be more conservative because I don’t read too much about this online. Some of it stems from more traditional attorneys feeling threatened by the use of technology to practice law, but I acknowledge that there are other issues at work here.

    I attended a CLE sponsored by my state bar association where the topic of maintaining professionalism was discussed. The speaker noted with enthusiasm that we attorneys needed to remember that “this is not a business; it is a profession!”

    Well, I think it’s both and it serves our clients as well as ourselves for attorneys to treat the legal profession as a business, a business that maintains high customer service standards.

    I respectfully understand the point that this gentleman CLE presenter was emphasizing. But as a solo virtual law practitioner, I sure wish the bar would sponsor a few more CLEs geared towards the business aspects of running a law practice. After all, this is not exactly something attorneys are taught in law school and it is critical to our success.

    Practicing law from a virtual law office comes with the fun challenge of explaining to other attorneys why you have chosen to offer legal services online. A large part of chosing to run a virtual law office has to do with the fact that it allows me to run a healthy business as a professional. Surprisingly, the public, my clients, do not have any problem “getting it.” My clients see what I see: convenience, low overhead at a time when the economy is floundering, flexibility to provide my clients with services when it’s convenient for them, efficient and secure form of communication, etc.

    Also this past week, I attended a practicum for a bright group of MBA students and had the chance to read through the team’s business plan and critique it as business owner. Just reviewing and critically thinking about their business plan made me want to run home and rewrite and clarify my own business plan for my virtual law practice. I think it benefits our clients as well as our own law practices when we take the time to remind ourselves, through business plans or conversations with legal practice consultants, what our goals are in managing our law practices.

    So that’s my fun project for this weekend: Updating my business plan so that I stay focused on the practical as well as professional aspects of running my virtual law practice.

  • Book Review – The Electronic Evidence and Discovery Handbook by Sharon D. Nelson, Bruce A. Olson and John W. Simek

    I was fortunate to win the above titled book as a prize during the Macs Practice Law Week hosted by The Inspired Solo. The authors, Sharon D. Nelson, Bruce A. Olson and John W. Simek, mention in the introduction to the book that when they predicted that all lawyers would need to learn about electronic discovery (ED) in the near future, they were meet with the same remarks from attorneys that I hear about virtual law practices — it’s just a trend and will not have an impact on the way that I practice law.

    Until I read through this book, I don’t think I realized either the extent to which issues surrounding ED have crept into every law practice — even solos and small firms. It has gotten me thinking about the ways that I need to counsel my clients, not just my small business clients, but also my family law and estate administration clients. Clients need to be educated about their own electronic activities and how those actions could show up again as electronic evidence in their legal cases.

    As the authors make clear in The Electronic Evidence and Discovery Handbook, messages written in an email will hang around longer and have more copies than a contract written on paper and stuck in a file somewhere. Not only is this good evidence, but in some cases, it may be easier to get a hold of.

    In this day and age, I find it difficult to imagine that anyone could assume that just because they are communicating by email or text message, that this is somehow not a “real” transfer of information. There have been many articles along these lines in the past few years, especially regarding the inappropriate use of email or the slack way in which even professionals will write messages to colleagues and clients using slang or unprofessional language.

    This trend seems to be changing, or at least people are becoming better at determining what e-conduct is appropriate for which e-format. You can disclose TMI or TFS comments on your personal D&D listserv, but BTW you should write in complete sentences when emailing opposing counsel from your law office.

    In my virtual law practice, I try to avoid using email because it is unencrypted and therefore, not a secure way to communicating with clients. My VLO provides a secure way to communicate with my clients and I use this as a way to lock down the terms of our attorney/client relationship and the scope of legal services I am providing. As with a traditional retainer agreement, I count on the fact that in the event that I ever need to defend my actions, I will be able to use my e-correspondence with the client as electronic evidence.

    The Electronic Evidence and Discovery Handbook is a fascinating book on a topic that affects all attorneys, even solos and small firm practitioners. With useful forms, checklists and guidelines on the included CD, I’d recommend it as a useful addition to any law office library — virtual law offices all the more.

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