Tag: virtual law practice

  • And Now, For Something Completely Different

    And Now, For Something Completely Different

    And-nowA few years ago I told a friend and colleague that one day I would post this Monty Python reference on my social media accounts and that’s how they’d know I’d stepped away from the legal profession: “And now, for something completely different.” I didn’t know at the time when I would be posting this, but I knew the day would come around given the harried pace at which I’d been going.

    Maybe you’ve seen this popular TED talk called “The Value of Taking a Year Off?”  That’s what I’m up to right now.

    I’ve been suspiciously quiet over the past several months. I stopped posting on social media as much as I used to and am no longer providing talks to legal organizations. Speaking at the ABA Techshow in the spring after the release of the second edition of my Virtual Law Practice book was my last speaking gig for awhile. (Bowing out to a standing-room only talk is not a bad way to go.) I completed my one year fellowship at Stanford Law in June and produced a couple of research papers related to the use of gamification in law.  Unfortunately, Biglaw is not ready for this yet and legal services organizations lack the funding to support it. I am finishing up a final semester teaching online classes in social media and law practice management and tech for law students and the occasional auditing lawyer.

    I have written, researched, co-founded, created, evangelized, volunteered, taught, and counseled lawyers and others in the legal profession in various forms and mostly for free or petty amounts for the past ten years.

    So what’s the deal now? Why stop?

    I was originally motivated in my work by the idea that I could make an impact on the legal profession, educate lawyers to use technology to improve the delivery of legal services, and that I could help increase access to justice. At the core, I wanted to help people who couldn’t afford a traditional lawyer to get the help they needed. After fighting up-hill battles, winning a small handful of victories, and still seeing the pace of adoption and attitude change go at a snail’s pace, I’ve decided to stop trying, at least for awhile. I’m not helpful to anyone (lawyers or the people in our country who deserve legal assistance) when I’m in a state of cynicism and burnout.

    What am I doing right now?  I’m engaging in several interests focused on getting back to my core passions and attempting to cultivate new creativity in my life. (Of course, this is all on the side of being a mother to my two wonderfully active children and fiance to Ron Dolin, who is happily continuing his work on quality metrics for the legal profession with his project at Harvard Law.)

    In the spring, I took the well-respected Mindfulness Based Stress Reduction (MBSR) course created by Jon Kabat-Zinn. I’m currently taking an eight-week course called Compassion Cultivation Training at the Stanford University Center for Altruism and Compassion. This Center boasts the largest donation the Dalai Lama has ever given to an institution outside of a Tibetan cause and is taught from a secular and scientific standpoint. Yes, there is solid science and research behind meditation and compassion. (While the practice itself is experiential, if you know me at all, you know I am also reading all of the research I can get my hands on, most of which takes me into the fields of neuroscience and psychology.) I am meditating daily and learning to control the flexibility of my mind. No easy feat, but the rewards are already showing.  I am on the look-out for a good week-long silent retreat in the near future.

    I’m also back to my bookbinding habits. I am a bibliophile and used to work on book repair and restoration. I have not been able to do this work since my children were born, around 9 years ago. That’s a long time to miss something. I am returning to bookbinding and taking courses at the San Francisco Center for the Book, the only center of its kind on the west coast. Before going to law school, I apprenticed in the basement of the Cincinnati Museum Center and learned the art of paper and book preservation there. I miss working with my hands and holding a tangible object at the end of the process. Ebooks just don’t smell or feel the same as a real book. Book bindings are a form of creative expression and it gives me peace.

    I’m also going to try writing again, but fiction this time. I’m going to do NaNoWriMo next month. I have downloaded Scrivener and am already in planning mode for November.  It will be a fun process to write for myself and to not have to worry about ethics committees or skeptical lawyers scrutinizing my work. My imagination will have full reign.

    I go hiking in the hills of Los Altos, meditate, and then let my mind run free. Trying to narrow in on a single idea or project right now would be detrimental to the process that I’m going through. Cultivating compassion is opening my heart up to the idea of common humanity and my place in that. Sometimes it’s a challenge to feel like I’m falling without any solid plans for what I will do next. But that’s part of this process too. Check out the TED talk on taking a year off. There is something to this.

    I am not sure when, how, or even if I will come back to the legal profession. Thanks to those of you who have worked with me over the past ten years and supported the endeavors to increase access to justice with technology, unbundling, and forms of virtual law practice.

    And now for something completely different….

     

     

  • Slides: Increasing Online Engagement with Gamification

    Slides: Increasing Online Engagement with Gamification

    These are slides from my presentation at DATA2J, a roundtable conference hosted by Prof. Elizabeth Chambliss, Director of the Nelson Mullins Riley & Scarborough Center on Professionalism at the USC School of Law. In my presentation, I addressed ways to increase online engagement between the public and lawyers through the use of gamification. I based the talk on my working paper.

     

  • Gamification for Access to Justice

    Gamification for Access to Justice

    Vector mobile game concept - icons in styleHere is a working paper I wrote that looks at ways to increase online engagement between the public and legal professionals using gamification for the purpose of increasing access to justice. This is the last of the research and writing I have produced this year during my Stanford Law Fellowship. I hope someone out there takes this research and the case studies and puts the information to good use.  The working paper will be refined and become part of a white paper series for the ABA Commission on the Future of Legal Services later in the year. I am open to suggestions and collecting other case studies for this paper.

    I posted my other draft paper on Gamification in Law Firms a couple weeks ago.  There is more work to be done in this area and it involves multidisciplinary collaboration. Hopefully these two papers will provide a good starting point for those interested in the actual development of gamification strategies within the legal profession – whether for access to justice or for internal improvement of the law firm environment.

  • Virtual Law Practice: Second Edition Released

    Cover bookThe second edition of my book, Virtual Law Practice, will be released from ABA LPD Publishing this month. (There will be a digital copy for sale in the coming months and eventually it gets released on Amazon for those of you who want other purchasing options.)  I’ve updated the book significantly since the original publication in 2010 to include new technology solutions and methods of designing a law practice around technology and delivery mechanisms. Here is the copy from the back of the book:

    Virtual Law Practice: How to Deliver Legal Services Online, Second Edition

    The internet has made it easier for potential clients to find legal services.  Virtual law firms have revolutionized the delivery of legal services, lowering costs as well as evening the playing field. Whether you are a large law firm or a solo practitioner, there are business models of delivering legal services online that can bring your law practice up to speed with the 21st century legal marketplace. What are you doing to stay competitive?  Do you have the know-how to responsibly incorporate technology and online delivery into your existing law firm?  The revised and updated Virtual Law Practice is the one resource you need to take advantage of this fast-growing market. This book will help you:

    • Identify and develop a law firm business model for the online delivery of legal services
    • Successfully set up and manage a virtual law firm
    • Increase law firm revenue by responsibly implementing the delivery of online legal services
    • Make use of the latest technology
    • Create a successful marketing strategy for the delivery of legal services online
    • Understand state ethics and advisory opinions
    • Find more flexibility and work/life balance in the legal profession

    Stephanie Kimbro’s practical guide also provides case studies of law firms that successfully integrate virtual law practice into their traditional business models along with client scenarios to show how web-based technology may be used by legal professionals to work with online clients and avoid malpractice risks.

  • Webinar for Future of Legal Services Commission

    Webinar for Future of Legal Services Commission

    Here is the video from my presentation to the ABA Future of Legal Services Commission. I was asked to discuss virtual law practice and online engagement through gamification.  This is part of a series of webinars that the Commission is holding. You can check out the other videos on their website, including talks by Will Hornsby, William Henderson, Michael Mills, Susan Hackett, and others to come. The Commission is having an invitation-only National Summit out here at Stanford Law at the beginning of May and based on its roster of speakers, it promises to be a productive event.

     

  • Practicing Law Online Ebook

    Practicing Law Online Ebook

    Here is the revised version of the Practicing Law Online ebook, which I first released in 2008 and updated in 2010.

    This revised edition of the ebook examines different business models for virtual law firms and goes beyond solos and small firms to apply the concept of virtual practice to larger firms and in-house legal departments. The ebook walks the reader through the process of choosing a virtual law firm business model and examines methods of online delivery that work best with the firm’s practice area and client base. I also incorporated some of the design methodology and design thinking process I have learned here at Stanford.

    The updated 2nd edition of the full book has a lot more detail, including checklists and policies and procedures, and goes into topics such as online marketing, developing a virtual law firm business plan, ethics issues and best practices. The second edition of the book is with the publisher right now and should be out by the spring of 2015. I hope my readers enjoy this new edition of the ebook. Please consider checking out the full book in the spring. It’s full of case studies from law firms of all sizes as well as an appendix of sample documents, checklists, and ethics resources.

    The first publication of this ebook was created as a way for me to address all of the questions I was receiving from lawyers when I would give presentations about virtual law practice. Questions about ethics issues and cloud computing came up back then. Lawyers wanted to have a virtual law office, but they were hesitant because they did not understand how the technology would work and how that would comply with their jurisdictions rules. This first ebook was intended as a basic guide for setting up a virtual law office and geared towards solos and small firms. ebookcover

    Back in 2008 there was still a lot of controversy around the use of cloud computing in law practice – yes, basic cloud computing for practice management. There was even more controversy around delivering legal services to clients online. Only a handful of states had issued ethics opinions on the topic at that time and lawyers had a ton of questions, most of which related to ethics and malpractice concerns. A lot of misinformation was flying around. Jack Newton, founder of Clio, Larry Port, founder of Rocket Matter, Richard Granat, President of DirectLaw, and myself got together by phone for the first Legal Cloud Computing Association call to discuss how we could set industry standards, reassure state bars and lawyers, and counteract some of the false statements that were going around about cloud computing. A couple of us even sat in on state bar ethics committees and spent a considerable amount of our unpaid time advising and evangelizing to make sure restrictive rules and opinions that did not make sense from a technology perspective did not make it to print. So that first ebook, which has had hundreds of downloads since I released it, spent a lot of text looking at how SaaS and cloud computing work, what the benefits and risks of virtual law practice are, and how to apply best practices to avoid ethics issues.

    This time around revising the ebook I did not feel the need to focus on the same content. Many state bars have either published formal or advisory opinions approving of virtual law practice or third-party hosting of law office data. There is less skepticism about the consumer demand for online legal services and our profession’s ability to deliver it while complying with the rules of professional conduct. There are more hybrid virtual firms – traditional law practice incorporating some form of online delivery. More law firms are finding ways to unbundle their legal services which also facilitates online delivery. I receive fewer questions about ethics concerns and more about the successful online marketing of online services. I’m glad that I have my strong tech and ethics background for these questions, but I’ve had to learn a lot about business planning and management, online marketing and design to keep up.

    Thank you to those who have worked with me over the past ten years to develop and support the concept of virtual law practice. Future innovations on the model are no doubt on their way in the New Year.

     

     

  • Commission on Future of Legal Services Seeks Feedback

    Commission on Future of Legal Services Seeks Feedback

    I was honored to be asked to participate in the ABA President’s Commission on the Future of Legal Services this year and next. This Commission is calling for Issues Paper feedback now through December 10th. For my legal tech friends and colleagues, if you have something to say, now is a good time to get it on the table. Details below.

    I like the ABA President this time around. I’ve heard President William Hubbard speak several times by now. I’ve heard him address some difficult criticisms of the ABA with grace at a conference on disruptive innovation in the market for legal services at Harvard Law School. Most importantly, I think he is making an effort to listen and take seriously the fact that technology can be used to increase access to justice in a variety of ways. Whether or not he or any future leader has the ability to actually sway the more traditional (and often tech-averse) mindsets of the lawyers who actually hold up the HOD and prevent progress…..well, I’ll retain my healthy skepticism. That said, President Hubbard is making solid headway with this Commission. The initiative seems like a good follow-up to the initial research and rule changes that the Commission on Ethics 20/20 underwent.

    From the Commission’s site:

    …technology, globalization, and other forces are transforming the ways legal services are accessed and delivered. Familiar practice structures are giving way in a marketplace that continues to evolve. New providers are emerging, online and offline, to offer a range of services in dramatically different ways.

    I joined up with the BlueSky Working Group that formed out of the Commission. The working groups are interesting because they are made up of such a diverse group of people from across the legal profession. I can tell already that a large part of the work process for the group is just going to be educating each other about our different perspectives whether its from practicing in BigLaw, working in legal services, in legal academia, or with legal tech startups.

    The goal of the Commission is to propose new approaches that are not constrained by traditional models for delivering legal services and that are rooted in the essential values of protecting the public.

    To focus these working groups and the entire Commission, the Chair has issued a call for comments on an Issues Paper. I’ve posted the Issues Paper below. The issues are related to the delivery and access of legal services by the public.

     

     IssuesPaperFeedback

     

     

     

     

  • Consumer Law Levels Up

    Consumer Law Levels Up

    Two new options for consumer legal services entered the market in the past week. They are different in nature, but both provide alternatives for legal assistance and guidance. Both include different levels of legal guidance from licensed lawyers and some elements of self-help and unbundling of legal services. My stance on that has been that the value of a lawyer is great where the consumer can afford it, but some unbundled help even without a lawyer is better than leaving a consumer to flounder about on their own.

    AvvoAdvisorFirst up, Avvo launched Avvo Advisor. Consumers can go online and connect to the service from an iOS app or their web browser and demand legal advice from a lawyer. The fixed fee is $39 for 15 minutes. Lawyers can join the network to provide services through Avvo, much like other branded networks set up lawyer networks for direct connections to consumers. There is a money back guarantee on the service. The delivery design looks quite simple. The consumer selects their practice area, provides credit card information, and then get to speak with the lawyer. Lawyers providing services through the network are rated with stars and comments to help consumers know what they are purchasing in terms of advice. The lawyer gets a text to let them know that there is an interested consumer in their practice area and jurisdiction. See the ABA Journal article or Bob Ambrogi’s Law Sites blog for more details.

    If I’m understanding it correctly, the first lawyer who responds to the text to claim that consumer is the one who gets to work with them on the phone call. That has traditionally been an issue for companies connecting consumers with practicing lawyers – the lawyers are often sluggish to respond, even when they are paying for leads. Having counseled several legal tech startups and companies that provide services similar to this, I have heard a lot of common themes at that point but this is a common one. Lawyers paying for leads but not knowing how to nurture or close on a lead. However, sending texts to prompt the lawyers to move on it and making it competitive in a way by having the first lawyer to respond get the work, that just might work! With this service, when the lawyer provides the 15 minute call, the money from the consumer is transferred to the bank account the lawyer provided to the company. Not a bad way for a lawyers to pick up a little extra work on the side. Unbundling scores again!

    Does the consumer get the selection of the lawyer from a pool?  It reminds me of the online tech support from a company like Microsoft where you can select from two or three live support technicians based on their ratings and experience. At the bottom of the site, the consumer is reminded the Avvo Q&A free service that has been around for a long time and that they can also use the Avvo network to hire a lawyer which feeds into the company’s lead generation service for their lawyer network. This new service falls in the middle as a new level of legal service alternative. So far it looks like it’s only available in 15 states as it builds out across the country. I also wonder about the establishment of the attorney/client relationship and how the disclaimers and limited scope engagement agreement equivalent are handled from the point that the lawyer calls the consumers to start engaging.

    Overall, I’m glad Avvo is putting themselves out there to experiment with this. I think it could be a good alternative option for consumers to ask questions and get basic legal guidance at an affordable cost.  If you’ve read some of the fascinating and often ridiculous legal questions that get asked in their public Q&A forums, you might hope that the folks who take that extra step to provide their credit card information will be asking questions by phone that are more focused in nature. Lawyers joining this service will also hope of course to convert those phone calls for $39 into the next level of connection through Avvo – retaining them as full clients.

    LegalzoomNext up, LegalZoom has partnered with Sam’s Club to provide discounts on their online legal services packages. The press release provides a couple of examples of the special packages and discounts. The estate planning package for example includes all of the relevant legal documents but also comes with the guidance of a licensed lawyer for a specific amount of review work and then that lawyer can be retained further at a discounted rate. Looks like Walmart Law is finally here! See the ABA Journal article for more details.

    Having written a book on the Consumer Law Revolution, what do I think of these updates? I think they are awesome. I also think they raise a lot of questions about the lawyers who are working with these companies to connect with consumer. While it’s great to encourage these options because they increase access to the public for legal assistance by providing a variety of alternative methods (online, phone, in-person, with or without a lawyer’s guidance, etc.) to the traditional legal service delivery model, I think we also need to be watching the needs and practices of the lawyers that are collaborating with these companies. There is going to be a learning curve here as those lawyers make sure they are unbundling services ethically (for example, knowing what cases are appropriate to unbundle and when it requires full service and making that honest call in the best interests of the client, not their wallet). It will be interesting to watch it develop and no doubt some tweaks will need to be made along the line to ensure that consumers are protected at the same time they are provided with alternatives to access legal services.

  • Podcast: How to Provide Client Hand-holding in Virtual Law Practice

    micLast month I joined in on a podcast for the ABA Journal with reporter Stephanie Francis Ward; Michelle Crosby, founder of Wevorce; and Fred Rooney, Director of Touro Law Center’s International Justice Center for Post-Graduate Development.
    The topic was “How do you provide client hand-holding if you run a virtual firm?”

    You can listen to the podcast on the ABA Journal site or read the transcript.

    Ward asked the three of us this question towards the end of the podcast:

    [C]an the three of you give me one tip on making that personal connection and doing it online? So combining the personal connection of perhaps, like, automation and things like that, that can make it more affordable for the client and make you, help you be more efficient as a lawyer.

    My response:

    I think that finding a way…that engages the online client. Gets them interested, builds an initial amount of trust. That goes a long way.

    Right now, I’m researching games and gamification as ways that lawyers can effectively engage that prospective client in whatever the practice area is that the client is looking for help. But sort of an initial, warm-up education, empowerment that happens online before that prospective client registers for access or asks a question of the online lawyer.

    I think that really helps prepare them when you start working with the client, then you move from there to web conferencing, have the Google hangout or Skype or real-time chat or whatever their virtual law firm uses to communicate. But I think that initial online engagement is really critical.

  • Online Legal Services Gets a Boost from ABA & Rocket Lawyer Partnership

    connectedI was thrilled to hear the news today from the Wall Street Journal Law Blog that the ABA announced its partnership with Rocket Lawyer on a pilot project to help match up ABA members with online clients.

    I’ve been researching and writing about lawyer collaboration with branded networks like Rocket Lawyer for the past couple of years with a focus on ethics issues and best practices. I wrote a book about the best practices for lawyers who wanted to work with these companies and make connections with clients through them. I think this partnership integrates wonderfully with virtual law practice and unbundling of legal services. However, I didn’t see this announcement coming because of the resistance I’ve heard from state bars for the past several years to any form of online delivery, even completely lawyer-owned and controlled, that might threaten the traditional lawyer business model. This announcement is huge because it steps back from the usual protectionist stance of the ABA and looks at what the public is asking for from the profession and at what lawyers need in order to connect with them. It is an acknowledgement from the ABA that consumers are going online looking for legal services and that not having licensed lawyers on board with the public’s need for online legal services puts both the lawyer and the public at a disadvantage.

    One of the key themes that came out of the Legal Services Corporation’s Tech Summit Report was the need for mobile access. Rocket Lawyer has developed a mobile app as a part of its online services offerings. Getting lawyers used to using mobile apps and online tools is going to increase the profession’s ability to provide greater access to legal services, especially in rural areas. It’s also going to lead to greater acceptance and use of unbundling as a legal service delivery model. It will be interesting to see how these pilot projects role out. Here is a link to my free ebook with best practices for collaboration by lawyers and companies like Rocket Lawyer.

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