Virtual Law Practice

Tag: virtual paralegal

  • 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

  • 20 of the 60 Tips in 60 Minutes

    The NC Bar Association held its Law Tech Expo this past week.  Erik Mazzone, the Director for the Center of Practice Management at the Bar, did a great job of reviving the Expo.  I look forward to this being an annual event for our Bar Association and anticipate its growth considering the important role that technology plays in the legal profession today.  It was a pleasure to meet such well-known speakers as Sharon Nelson, John Simek and Britt Lorish Knuttgen at the event.  VLOTech also had a booth in the hall alongside other exhibitors and we were excited to introduce our SaaS product for virtual law practice to the attendees.

    At the Law Tech Expo, I sat in on a panel discussion on practicing law in the cloud and co-presented the 60 Tips in 60 Minutes session with Erik Mazzone and Lee Rosen.

    This would be an amusing story if it weren’t so frustrating at the time:  I protect my netbook by using Truecrypt so that if it were ever stolen, no one would be able to access my law office data.  One of the sites I was presenting was Truecrypt.  Right before our presentation, we all connected our computers out so that the video will show up on the auditorium screen.  The Truecrypt screen comes up asking for the password, but won’t even let me enter it.  Fortunately, I also travel with the portable CD drive and restore CD so it wasn’t a problem once I got back to the hotel.  However, I had to jump over to the Bar Center’s podium computer to present my 20 sites rather than using my netbook.  It’s the perfect example of how one of my 20 tips can be used to protect your law office data — although not exactly the way I had wanted to demonstrate it.

    Snafu aside, the presentation was fun and the audience responsive.  I’m looking forward to presenting another 20 of the 60 Websites in 60 Minutes for the Practical Skills CLE in a couple weeks.

    Here are the 20 tips that I presented from our session with summaries of the sites.

    PrimoPDF:  A free PDF creator allows you to create PDF files from 300+ file types.  For example, turn a Word doc into a PDF and secure with passwords for digital storage, sending to clients, etc.

    Portable Hard Drive:  Easy to use for backup of law office data. Run nightly backups with Truecrypt and Sycntoy for security.  When traveling, it’s easy to take your law practice along with you.

    Truecrypt: Free open source encryption software. Works with PCs & Macs. Multiple uses for this software, especially for the mobile attorney.  Ex.: Encrypt files on your USB key or portable hard drive.

    Zamzar:  Free online file conversion.  Convert files to doc, image, video and music formats.  Useful for working w/clients, other attorneys using different programs to share data.

    ZOHO Projects: Creates a project management space for collaboration that is based on social networking.  Map out projects with a team, assign tasks, schedule meetings, work on documents, hold forum discussions and more.

    Pipes:  A tool that aggregates and mashups up content from around the web to create a customized feed.  Use simple commands combined together to create more useful, powerful feeds.

    Google Voice: Create a Google phone number and route calls to your home, business, or mobile devices.  A useful tool for blocking and screening calls with other features, such as voicemail transcripts, storing, sending and receiving text messages from one device or online to other devices. Rather than calling multiple numbers to reach you, your clients dial one number and it tracks you down to the phone you can answer or takes the call to voice mail.

    Meebo: Communicate in real-time with your contacts across platforms including IM and other social networking apps.  This tool lets you combine all of your contact lists in different apps into one.

    Thunderbird 2:  Thunderbird 2 email application has superior security and privacy features, including phishing protection, industry leading junk mail filters, and support for user privacy and remote image protection.

    Open Office:  Free open source version of Microsoft Office, includes word processing, spreadsheets, presentations, graphics, databases and other applications.  It runs on PCs and Macs, has great compatibility with other programs and you don’t have to buy a new version to install each time it has an update.

    Billeo:  A secure tool to manage online transactions, such as payments, passwords, and receipts.  Works in your browser to allow for one-click access.

    Penzu:  This program is for the attorney who enjoys writing but doesn’t want the world to read it. Does your law firm prohibit or discourage you for writing in a public blog?  Start a free, private online journal and keep writing.

    Scribefire:  This is an extension to your Firefox browser that lets you post easily into your blog.  Click and drag, drop formatted text from pages and post it on your blog.

    Glance:  Easy tool for desktop sharing with audio conferencing.  Use for web presentations, conferences, training, or general communicating.  Allows others to take control of your mouse as well as view your desktop.

    iContact: Send clients newsletters and email blasts about your practice and changes in the law without being blacklisted. Use it in conjunction with your blog or website to transfer subscribers to your email updates.

    Skype:  Free skype-to-skype calls with video, text message from Skype; forward calls to your mobile device, etc.  Multiple uses for online communication.

    Iceberg:  A web-based tool to develop your own custom workflow based app for your law practice or for individual projects.  Provides customizable applications to build on.  No code writing experience necessary.

    Virtual Paralegals:  For an attorney practicing law remotely or online, virtual paralegals are a useful resource for transcription, legal research, legal document preparation or other administrative activities.  There are virtual paralegal companies, independent virtual paralegals and virtual assistants that may work in different arrangements, such as on a regular basis for a solo or small firm or as added support on a project basis for a larger firm.

    Firefox Add-ons:  Download these add-ons for extra security for your Firefox browser.  Use no-scripts for safest web-browsing.

    Bing:  Microsoft’s version of the search engine.  Keep an eye on how it will compete with Google because it does use a different formula for ranking sites.  Attorneys should monitor their personal and professional online presence on a regular basis and this is one more search engine to check.

  • Podcast Interview on The Virtual Paralegal

    Interested in using a virtual paralegal for your virtual law practice?  I was one of the interviewees for a recent podcast for The Virtual Paralegal on Legal Talk Network discussing virtual law firms.   The co-hosts, Lynne DeVenny and Vicki Voisin, asked great questions covering security and confidentiality issues involved in working with virtual paralegals in a virtual law practice.  This would be a useful podcast to listen to for both attorneys thinking about hiring a VA for their practice and paralegals interested in learning what an attorney would look for in hiring someone to work in a virtual law office.

  • Avoiding the Unauthorized Practice of Law (UPL) in other Jurisdictions with a Virtual Law Office (Part Two)

    Part I of this post on the unauthorized practice of law in other jurisdictions addressed the following questions:  How does a virtual law practice avoid UPL in other jurisdictions? and If a website is accessible internationally, then how can a VLO be limited to provide legal services only in the state(s) in which the attorney is licensed?

    How is it clear with a Virtual Law Office (VLO) when the attorney/client relationship is established?

    An online client receives adequate notice through his or her individual homepage in the VLO as to the different statuses of the case.  Notice is provided to the online client when the attorney has reviewed the client’s question and posted a response, when the attorney has accepted or declined representation, when the attorney provides details of the scope of representation, and when the attorney has completed legal representation and is formally closing the online case file.

    The attorney/client relationship begins when the online client has registered on the VLO and requested legal services from the attorney.  The client is notified when the attorney has reviewed and responded to his or her legal question.  Then the client is asked follow-up questions by the attorney or is presented with the price quote or terms of representation for the online client to accept or decline.

    Through the VLO, the attorney has several options to define the scope of representation, including providing clients with a traditional written retainer letter uploaded to the system, writing out personalized messages to each client and requiring that the client accept a customized clickwrap agreement solidifying the terms of the attorney/client relationship, or using both traditional and online clickwrap methods.  Basically, the same procedures for establishing attorney/client relationship and defining the scope of representation that are used in a traditional law practice can be integrated into a VLO.

    I would argue that using the technology actually provides clearer notice to the clients of the establishment of the attorney/client relationship and the scope of representation. It may also do a better job of keeping the clients informed of their case status than occurs with a traditional law practice.  One of the biggest malpractice complaints from clients is that their attorney does not communicate effectively with them regarding their case.  The VLO handles so much of the process for the attorney automatically. It also gives clients the ability to check for themselves the status of their file and to review their previous discussions with the attorney.

    Is it UPL in another jurisdiction to draft a legal document, such as a Will, for an online client who is a resident in another state?

    It is my understanding that it would constitute the unauthorized practice of law in another jurisdiction if an attorney used his or her VLO to draft a legal document that pertained to the laws of another state where the online client was a resident but where the attorney did not have a license to practice law.

    However, if the attorney operating the VLO were partnering with attorneys or legal assistants on his or her VLO who were licensed in other jurisdictions, then this would be different.  For example, a virtual paralegal could work on the VLO to draft a Will or other estate planning document for a client a jurisdiction where the virtual paralegal was familiar with that state’s estate planning laws.  The virtual paralegal would then flag the document for review by the attorney on the VLO who was licensed in that online client’s state.

    My understanding is that the review and approval of that legal document by the attorney licensed to handle that state’s laws would permit the virtual paralegal to complete the transaction for the online client without it constituting UPL in another jurisdiction.  You can see through this example how a solo law practice taken online with a VLO could grow very quickly across multiple jurisdictions if well planned out.

    How does the issue of UPL in other jurisdictions relate to legal document automation software?

    Some attorneys are choosing to provide legal services online by using document automation software, similar to the way that LegalZoom and similar companies provide legal documents across jurisdictions.  There is a separate issue here which pertains to assisting a nonlawyer (the software vendor or legal form provider) in the practice of law.  If this form of providing legal services interests readers, I recommend that they check out Richard Granat’s recent blog post regarding the automated delivery of online legal services, or online document assembly, as it relates to UPL.

    VLOTech is preparing a feature for the first of next year that allows attorneys to create forms for clients on the VLO to fill out and send to the attorney securely on the system in addition to the existing VLO forms of communicating online with the client.  The forms could be anything from estate planning and family law questionnaires to customized client intake forms based on the attorney’s virtual law practice areas.  Since the forms would be generated by the attorney individually for the VLO and not pre-packaged from a vendor, then it should avoid the UPL issue completely.  It will be interesting to see how attorneys practicing law online will choose to integrate this additional feature in their virtual law practice.

    Online Resources Regarding UPL

    ABA Model Code, Rule 5.5 Unauthorized Practice of Law; Multijurisdictional Practice of Law

    State by state comparative analysis of UPL – Cornell University Law School, American Legal Ethics Library

    BTW:  By no means do I claim to be a legal ethics expert.  I practice law online from my VLO and work with other attorneys nationwide to set up VLOs.  These issues interest me and I love hearing and learning from other’s experiences.  If anyone has specific ethics decisions from their state bar pertaining to UPL in other jurisdictions and online law practice, I’d love to hear about it.  Please share!

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