Virtual Law Practice

Tag: Standing Committee on the Delivery of 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.

  • ABA to Review the Delivery of Legal Services Through Technology

    Yesterday I received an email from a member of the ABA Division for Legal Services regarding the upcoming hearings to be held by the Standing Committee on The Delivery of Legal Services.  The Committee plans to examine the use of technology to deliver legal services online and will listen to presentations by technology providers and attorneys regarding the technologies used and any policies that governs its use. The Committee will then determine from the hearings whether the creation of policies is needed to assist practitioners in providing online legal services. 

    It’s during opportunities such as these when I sincerely wish I had a gift for public speaking and at least an ounce of charisma with which to transmit my ideas in front of a live group of people.  Unfortunately, I am a writer and more comfortable with a keyboard than a video camera and microphone.  I am going to submit to the committee my ebook which I have just finished entitled “Practicing Law Online: Creating a Web-Based Virtual Law Office.”  The ebook discusses the Web 2.0 technology used to practice law online and also looks at ethics considerations and malpractice risks while making best practice recommendations for operating a virtual law office.  

    I wish there were a way to share with the Committee the positive responses that I have received over the past two and half years from my online VLO clients and from the public in general to the delivery of legal services online.  I have formed close relationships with my clients and all of our communications were conducted through my VLO, never face to face. 

    If you can please allow a moment of bragging, recently, a first-time client of mine was so pleased with the online services I provided that she emailed a referral to her 100+ person mother’s group recommending my services and providing all of my online VLO information.  I have small business clients that come back repeatedly and refer their other small business friends.  They tell me that my online services are efficient, fairly priced and most important to them, convenient for the entrepreneur starting a new business who is often working a 9-5 job while getting off the ground.  They enjoy the ability to pay online, set up payment plans through the system and check on their legal matters 24/7 whenever it best suits them. 

    I hope that whatever policies the Committee comes up with will respect the fact that each individual virtual attorney may operate his or her VLO using different technologies and combinations of technology.  It should be the responsbility of the virtual attorney, as I have written in previous posts, to make sure that they understand the security and technology used by the VLO hosting company.  As with traditional law practices, I believe it is the resonsibility of the individual virtual attorney to create policies and standards for their virtual law practice that compy with his or her state bar’s rules and regulations for ethics and professional conduct. 

    My fear is that the delivery of legal services online may be restricted through any policies created by the Committee due to a lack of understanding regarding the security of the technology.  They may not be aware of the ability of features to be created within the VLO system that can provide safe and ethical communications between attorneys and the public, such as the conflict of interest checks, establishing the attorney/client relationship, jurisdiction checks, notice of unbundled services, etc. 

    VLOTech is a small, family-owned company.  We are growing quickly and forming new relationships with other attorneys interested in virtual law practice every day.  It’s an exciting time.  It’s clear to us from the responses we receive that a revolution is quietly happening in the area of the delivery of online legal services.  It’s driven primarily by the public’s desire for these services and secondarily by attorneys, largely solos and small firm practitioners, who want to use the flexibility of the technology to practice law for a variety of reasons.  There is no way VLOTech can pull together for a presentation in two weeks all of the research and positive feedback that we have assembled over the past three years and about which we are so excited to share with VLOTech attorneys and their clients. 

    Instead, I will be submitting my ebook which covers a lot of our research and hopefully this will be accepted for consideration by the Committee.   If you would like a free copy of my ebook, please feel free to contact me at skimbro@vlotech.net.  I will also write a post about the hearings following the presentations and let my readers know what happens as far as any statements or policies issued by the Committee that may affect virtual law practice.   If you would like to view the online hearing, details about the presenters and schedule will be posted on The Standing Committee on The Delivery of Legal Services’ website.

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