Virtual Law Practice

Tag: unbundling legal services

  • Top Ten Basic Security Practices for a Virtual Law Office

    I love SaaS.  I depend on SaaS to operate my virtual law office.  I support an attorney’s right to choose their own practice management tools and make their own business decisions whether it’s in the cloud or in a filing cabinet.  But there are responsibilities that come along with choosing any practice management system and that means sticking to your own security policies and best practices.

    I’m a solo virtual lawyer, so the burden is on me alone.  Larger practices can designate an associate or hire an IT consultant to keep them up to date and to make any necessary security policies and safeguards.  Regardless of where you are engaging in virtual law practice, it’s always good be reminded of some basic security practices for delivering legal services online.  Here is my list of the top ten basic security practices for a virtual law office:

    1) Keep up to date on the security issues. Read Lifehacker, Slashdot, TechCrunch, etc.

    2)  If you use wireless networking, ensure that all wireless traffic is encrypted with WPA2.

    3)  Keep antivirus software and all software patches updated and turn on the software firewall for the computer.

    4) Use a safer browser, such as Mozilla with the NoScript add-on installed.  Or use another pop-up blocker. Do not use free Wi-Fi hotspots when using any cloud computing application remotely.  Use a cellular phone modem adapter instead.  I just got the 4G wireless hotspot which I highly recommend.  This also serves as backup internet access in my home office as well.

    5)  Never write down usernames and passwords.  Create strong passwords and change them regularly.  Use Keepass or other password management tool and generator.

    6) Go straight to privacy/account settings in any cloud-based application immediately after you register for and change the defaults for better protection.  Then check back occasionally to make sure they haven’t changed their privacy setting options again.

    7) Watch your back when you work in a public place to make sure the person behind you isn’t able to watch your screen as you enter your username and password or your client’s social security number.

    8) Encrypt your hard drive with Truecrypt, free open source encryption software.  Easy to use, free, protects you if your laptop is stolen.  Backup daily with an external hard drive with Truecrypt on it in addition to regular cloud-based backups.

    9) Make sure that the applications you are using to store and transmit confidential law office data are encrypted.  Look for HTTPS in the URL before proceeding.  Don’t enter data unless you know it will be encrypted.

    10) This isn’t going to be a popular one, but be wary of doing a lot of confidential work on your iPad with just any app.  With my virtual law office, I can open the browser and work in https, but other apps, especially iPad and other mobile device apps, do not have this level of security.  Unencrypted email is permitted by the state bars as exercising reasonable care, but most of us know better.  Text messaging your client is not a wise idea for a lot of reasons.

     

  • Ethics Reminder for Unbundling Legal Services Online

    If you are providing unbundled legal services online — whether you are providing pro bono unbundled assistance or charging a fee for your services, you might want to read through this opinion (Thigpen v. Banas) that was issued in the Northern District of Illinios in February.

    The case is related to ghostwriting/unbundling of legal services.  Mr. Thigpen, a pro se litigant, filed a proposed second amended complaint which appeared to be drafted by an attorney and upon inquiry the plaintiff admitted that it was.  However, the attorney had not signed his or her name to the document or made an appearance before the court.  The opinion discusses the dangers of ghostwriting to both parties in the case and discusses the rules of professional responsibility that the attorney who drafted the document breached by not making an appearance before the court. 

    This opinion provides a good reminder for those of us unbundling legal services online that we need to 1) determine from the beginning of our contact with the prospective client if the matter may be unbundled or needs full-service representation and 2) that we are clear when we intiate any online representation what services we will provide for the client and which services we will not provide.  In the above opinion, the attorney who drafted this proposed second amended complaint should not have jumped into the middle of a matter where full-service, in-person representation was required without making appearance before the court.  (more…)

  • Unbundling Legal Services in a Virtual Law Practice Benefits the Public

    More middle income Americans are choosing to handle their legal matters themselves because they cannot afford to hire a traditional attorney.  The International Herald Tribune reported this growing trend in an article last week.  The downturn of the economy has made the cost of traditional full-service law firms unavailable for many Americans.  In order to resolve their legal matters, many middle income individuals are turning to self representation.  

    What does this mean for the justice system?

    The increase in numbers of pro se litigants has begun to burden court administrations on different levels.  While court clerks and other assistants are not permitted to provide legal advice to pro se litigants who come to the courthouse seeking free legal guidance, these administrators are obligated to provide pro se litigants with the necessary legal forms and procedures that they will need to proceed with their case.  When the instructions on these legal forms are not followed, court administrators must then go through additional work contacting the pro se litigants to rework the legal forms or assist them with scheduling court dates. 

    Once inside the courtroom, judges are burdened by the increased number of unassisted pro se litigants when they are obliged to provide basic directions to the pro se litigants regarding standard courtroom procedures.  Attorneys who find themselves standing opposite a pro se litigant when presenting a matter to the court must exercise patience.  They may find themselves rewording their statements so that the pro se litigant will understand the issues.  Overall, the case may take more time and become more expensive than it would have been if handled by legal professionals. 

    Unbundling Legal Services Provides A Practical Solution

    There is a high demand for affordable and accessible legal services to fill in the gap between full, traditional legal representation and unassisted, pro se representation.  Unbundled legal services may provide individuals with an affordable option.  By retaining an attorney for assistance in filling out legal forms and for basic guidance on the legal process, the individual who would otherwise be a pro se litigant is assisted to the level where he or she is not as much of a burden on the court administration and other legal professionals he or she encounters in the legal system. 

    Many Americans who are searching for an affordable solution to legal services are turning to online companies like LegalZoom for form-generated legal documents. However, these legal documents and kits for sale are not actually reviewed by an attorney nor is the individual legal situation of the online consumer evaluated by a legal professional before he or she purchases the legal product.  A worse trend is that many members of the public are finding samples of legal documents online and attempting to revise these documents on their own without any legal guidance. 

    Web-Based VLOs Provide a Higher Quality of Unbundled Legal Services

    Web-based virtual law practices can provide the public with unbundled legal services that include more personalized attention to individual legal matters.  Attorneys operating a VLO communicate directly with their clients securely online.  Because of the low overhead associated with running a VLO, the attorney may pass on his or her savings to provide unbundled legal services at a more affordable price than traditional legal services.  Clients may acquire the quality legal assistance they can afford so that they may perform the footwork at the courthouse themselves.  

    As with any prospective client that walks through a physical law office, it is the responsibility of the attorney running the VLO to evaluate each online client on a case by case basis.  If the prospective client’s unique situation requires full-service representation, then the attorney must either meet with the client in person for additional legal assistance or refer the client to another attorney. 

    Given the continuing rise of pro se litigants across the country, an attorney operating a VLO and offering unbundled legal services provides a much needed option in the delivery of legal services to the public.  He or she may provide unbundled legal services online through a VLO either as the sole form of legal services offered or as an addition to a full-service law firm.  In addition, an attorney launching a VLO taps into a vast and growing consumer market that can be served using secure technology that does not raise the attorney’s law practice overhead.

    As more state bars continue to revise their rules of professional conduct and ethics decisions to address the use of technology in the practice of law, legal professionals who understand the importance of using technology to deliver legal services online will need to step forward to educate and defend the critical need for this as an option to provide affordable and convenient legal services to lower and middle income Americans.  A VLO providing unbundled legal services is a practical solution that serves both the public and the legal profession.

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