Tag: web-based law office

  • Assisting a Pro Se Litigant Online – Proposed NC State Bar 2008 Formal Ethics Op. 3

    The winter issue of the North Carolina State Bar’s Journal came out this week.  Of interest to attorneys practicing online with a virtual law practice, the Journal published the Proposed 2008 Formal Ethics Opinion 3, Assisting a Pro Se Litigant.  The proposed opinion had come out earlier this year but was only recently printed in the state bar’s publication.

    The Bar’s summarized its ethics decision:

    Proposed opinion rules a lawyer may assist a pro se litigant by drafting pleadings and giving advice without making an appearance in the proceeding and without disclosing or ensuring the disclosure of his assistance to the court unless required to do so by law or court order.

    How does this relate to a virtual law practice?

    Several virtual law office owners that I have worked with are planning on providing pro se litigants with unbundled legal services.  This would help to lessen the burden on the court systems in their state that are swamped with pro se litigants and at the same time allow the attorneys to tap into a different client base with a large need for legal services. 

    The technology of a web-based virtual law office would allow these attorneys to efficiently assist a large number of pro set litigants in any number of areas of law.  They could charge fees for legal services that are perhaps less than their traditional billable hour rates, but which make economic sense because the client is doing all of the footwork and the technology streamlines the process. 

    Of interest in this NC ethics opinion, the state bar specifically recognizes the public’s need for legal services to be delivered in less traditional ways. The ethics opinion references the NC 2005 Formal Ethics Opinion 10 which permits an internet based law practice to offer to work with and provide clients with online legal services, including providing services to pro se litigants. 

    The key to this new proposed ethics opinion is similar to the NC 2005 FEO Opinion 10 because it requires that the online client provide “informed consent” to the limited online representation.  Through a VLO, the client is given adequate notice of the terms and scope of the online representation multiple times and is asked to accept these terms through two separate clickwrap agreements. 

    The ethics opinion also requires that the attorney make the independent judgment as to whether the services he or she offers can be competently provided to the client based on that client’s unique legal needs.  This is similar to the process any attorney should go through in a traditional law practice and is not different with a virtual law office.

    To summarize, this opinion is another nod from another state bar that a virtual law practice may provide services to pro se litigants, provided that the virtual law practice is handled properly by the attorney practicing law online.

  • State Bars Address Virtual Law Practice

    Over the past month, I have spoken with several attorneys who want to open virtual law practices.  They are approaching their state bars to get the go-ahead before hanging the virtual shingle.  If you live in Texas, Maryland or Georgia, you may want to keep an eye out for opinions from your state bar authorities regarding virtual law practice.

    The summer issue of the NC State Bar Journal published a new proposed formal ethics opinion regarding web-based management of client records.  You can read the proposed opinion #5 on the NC State Bar website here. 

    The proposed ethics opinion examines two separate scenarios where the attorney’s clients are able to access confidential client records through a web-based system.  The proposed opinion expands beyond the NC Bar’s previous 2006 ethics opinion regarding virtual law offices which focused more on non-secure email communication rather than web-based VLOs. 

    This new proposed opinion concludes that “client files may be stored on a website accessible by clients via the internet provided the confidentiality of all client information on the website is protected.”  It also specifies that “[i]f the law firm will be contracting with a third party to maintain the web based management system, the law firm must ensure that the third party also employs measures which effectively minimize the risk that confidential information might be lost or disclosed.”

    I have been forwarding the NC Bar’s opinion on VLOs and this new proposed opinion to attorneys in different states who are in the process of approaching their own state bars.  If anyone would like to share the virtual law practice opinions of their state bars, I would love to post them on this blog as resources for other attorneys researching virtual law practice.

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