Virtual Law Practice

Category: Cloud Computing

  • Death, Succession Planning & the Virtual Law Office

    Death.  The issue recently crept up in a presentation I gave about virtual law practice.  Then, the question that most of us like to avoid came up again on a personal level when in December I needed open surgery myself and in preparation started questioning what would happen to my virtual law office if I weren’t around to handle things. 

    What happens to a completely virtual law office upon the death of a solo, virtual practitioner? 

    All lawyers are aware that they need to have some form of succession planning in place.  In fact, some would argue that it is unethical practice not to have a plan in place that protects your clients and their property that is entrusted into your care.  

    ABA Formal Opinion 92-369 provides that “[t]he sole practitioner should have a [succession] plan in place.” For solo practitioners this issue is even more critical because there may not be anyone else involved in the day to day practice that would know how to notify clients of the death of their lawyer or even how to access the client’s files in order to return their property.  For a virtual law office that is completely web-based, the other issue is that the law office data is hosted in the cloud.  Without some plan in place, how does the SaaS provider know how to proceed?

    A sample scenario: An attorney who operates a completely web-based virtual law office dies unexpectedly without a plan in place.  The SaaS provider sends the attorney’s invoice for the service each month as usual and then follows up with late notices when it does not receive any payment or response from the attorney.  The attorney’s clients are still able to access their secure homepages on the virtual law office, but are not receiving any online responses from the attorney.  (more…)

  • Welcome Competition – Pushing Virtual Law Practice Into the Mainstream

    Be prepared this year to see major changes in new legal SaaS products that promote the online delivery of legal services.  Also expect to see greater acceptance of virtual law practice by the mainstream legal profession as legal SaaS vendors band together to set standards for the industry.  Larger players in the legal technology industry are diving into offering web-based case and client management applications and new investments are being made in innovations focused on web-based delivery of legal services.

    First, Total Attorneys, the company that acquired VLOTech, the start-up tech company that I co-founded, announced last week that it received growth capital investment from BIA Digital Partners II LP.  With this new funding, the company will be able to take their virtual law office platform to a new level of development.  (more…)

  • CA Ethics Opinion: Duty of Confidentiality & Use of Wireless

    The California State Bar has published its newest ethics opinion, FEO 2010-179, related to the use of technology in law practice, specifically addressing the attorney’s duty of confidentiality to clients when using technology that may be accessed by a third-party.  Given the wording of the opinion, this could include everything from an attorney using wireless to connect to the Internet to any cloud computing application used to store or transmit law office data. 

    The specific scenario that the opinion poses will be familiar to those of us engaging in virtual law practice and who deliver legal services online:  The attorney takes his or her firm-provided laptop to a cafe and accesses the public wireless to transmit information to the client and to conduct legal research on a case. The attorney in the scenario also takes his or her work laptop home and conducts work using a personal home wireless connections.  What does the attorney have to do to ensure that he or she is upholding the duty of confidentiality and competence to the client? 

    The opinion was published in December 2010 after an extended period of review and specifically phrases the issue as:

    Does an attorney violate the duties of confidentiality and competence he or she owes to a client by using technology to transmit or store confidential client information when the technology may be susceptible to unauthorized access by third parties?

    (more…)

  • Legal Cloud Computing Association Forms, Responds to ABA 20/20 Ethics Commission

    I’m excited to announce the formation of the Legal Cloud Computing Association (LCCA).  See the formal press release below my comments. 

    About two years ago when I was owner of VLOTech, Larry Port of Rocket Matter reached out to me, Jack Newton (Clio) and Richard Granat (DirectLaw) about forming a group to address the concerns that legal professionals had surrounding cloud computing.  At the time, we were noticing the many questions about cloud computing and security that would pop up on different practice management listservs.  We were concerned with the fact that so many attorneys didn’t seem to know much about cloud computing basics or where to go to get the answers.  The group loosely communicated back and forth on a Google group and over the phone about the best ways to educate the legal profession about the risks and benefits, but did not take any action until this fall when the ABA 20/20 Ethics Commission published its issues paper related to cloud computing.  

    I think it’s remarkable that these competing companies were able to organize an association and collaborate to draft a comment to submit to the Ethics Commission in response to the issues papers.   Since VLOTech was acquired by Total Attorneys last fall, David Dahl, the CTO of Total Attorneys, has taken over my role in the LCCA.  However, I was able to join in where I could and offered suggestions as a practicing attorney who uses cloud computing on a daily basis.  I expect that other cloud computing providers will get involved in the group as well adding to its knowledge base and expanding its ability to provide educational content to the profession.   I look forward to the LCCA continuing to take a role in helping to provide balanced technology education to the profession. 

    Below is the formal press release which links to the comment they submitted to the ABA 20/20 Ethics Commission addressing the following points:  1)  Desired form of the Committee’s Recommendations, 2) Minimal Set of Technology Standards for Cloud Computing Providers, 3) Model Terms of Service for Cloud Computing Providers, 4) Is Cloud Computing Outsourcing?, and 5) Cloud Computing Security vis-à-vis E-mail Security. 

    Legal Cloud Computing Association Press Release

  • Update: Alabama Ethics Opinion Permits Use of Cloud Computing For Client Data

    Alabama State Bar Ethics Opinion 2010-02, “Retention, Storage, Ownership, Production and Destruction of Client Files”

    This opinion addresses the following issues: 1) file retention policies; 2) how long a file should be retained; 3) what constitutes a client’s file; 4) what parts of the file can be destroyed; 5) the ethical considerations related to electronic data; 6) in what format and how the client’s file should be delivered; and 7) if the client can be charged for the cost associated with copying the file.

    Specifically addressing the use of cloud computing in practice management, the Ethics Opinion uses the “reasonable care” standard and covers the benefits as well as the potential risk.  The opinion refers to the Nevada State Bar Formal Opinion No. 33 and Arizona State Bar Opinion 09‐04 approving of third-party storage of law office data.    

    From the opinion: (more…)

  • Potential New Regulation of Online Advertising Will Negatively Impact Solo and Small Firm Virtual Law Offices

    There are two weeks left to submit comments to the ABA Ethics Commission 20/20 regarding its two issues papers related to cloud computing and online marketing.  I wrote about the cloud computing issues paper here, but as several fellow virtual law practitioners have pointed out to me, it is the second issues paper on the use of Internet-based client development tools that we need to be more concerned with. 

    I use most of the web-based “tools” that the paper addresses, including blogging, websites, and social and professional networking services.  I do not use pay-per-click advertising for my virtual law office.  I tried Google AdWords early on and found that I did not have the advertising budget to make it work effectively for my practice.  But without these other methods, I’m sure I would not have a virtual law office today.  At this point in my practice development, I use most of these methods to network with other legal professionals more than as a client development tool, but at what point does building a reputation for your practice turn into client development? 

    How could the virtual law practitioner possibly compete without using online marketing methods?  It would not be possible.  BigLaw firms setting up a virtual law office would have the financial resources to accomplish this, but certainly not a solo, small or even mid-sized firm.   LegalZoom, USLegal Forms and other online legal service companies are allowed to drop millions on aggressive, direct online advertising to the public.  Yet, online networking by attorneys is the big public threat?

    As a small business owner it seems absolutely ridiculous to me that I would be not be able to use the most current and effect methods of marketing my services.  I have been and always will be aware of and in compliance with my state bar’s rules and regulations regarding attorney advertising.  They are necessary, and I’m glad there are there because these rules set a high standard for advertising for professionals by ensuring that unscrupulous attorneys do not mislead or take advantage of the public.  It’s part of what sets us apart as a profession with a responsibility to the public we serve.  (more…)

  • Service of Process in a Virtual Law Firm

    More virtual law firms are springing up that combine a traditional litigation practice with the features of a virtual law office.  Members of these virtual firms use the online law office as a way to communicate and collaborate on case matters and to work remotely.  Their clients use the client portal as a way to keep current on the status of their case, review documents, avoid numerous in-office visits and to pay their legal fees online.  Some litigation practices, depending on the state bar’s rules, are foregoing the office lease and meeting with clients in shared office spaces with virtual receptionists (if you are a licensed NJ attorney, stick w/the brick & mortar expenses). 

    One of the questions I hear from litigation-based virtual law firms is how to handle service of process online.   (more…)

  • Adapt or Get out of the Way: Standards to Protect Client Property/Confidentiality Change

    Last week during a guest lecture on virtual law practice at the University of Dayton School of Law, the subject of protecting client property and confidentiality of client data in electronic communications came up again.   My prediction (perhaps overly optimistic) is that in the next few years the state bars will recognize that unencrypted email communication between attorney and client is not the highest standard.  The state bars will look at the newer data privacy laws in Nevada and Massachusetts and  reconsider why attorneys should be using unencrypted email in our profession while other business professionals are required to encrypt personal client data. 

    The standard that the ABA Model Rules of Professional Conduct and most state bars take is encapsulated in Rule 1.6 (a) of the ABA’s Model Rules of Professional Conduct.  This rule states “[a] lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation.…”  Specifically comment 17 to this rule provides that lawyers must take “reasonable precautions” to safeguard confidential information and prevent it from going to unintended recipients during the transmission.   The ABA Formal Opinion No. 99-413 added in March 10, 1999 specifically allows for the use of unencrypted email. 

    “Reasonable precautions.”  What qualifies as “reasonable” should change as technology to communicate with our clients and other professionals develops and security risks in those electronic methods are exposed.  (more…)

  • List of Products that Facilitate Virtual Law Practice

    Updated November 6, 2012 (some items on the list now include iPad or other mobile device apps)

    In the appendix of my book, I mention a list of current SaaS and other cloud computing service providers with products that may be used in the delivery of legal services online.   I’ve posted some of these companies below.  There are more coming out every month, and I welcome suggestions for new ones to add to the list.

    I have not personally used all of these products or services, but have read reviews or taken trial runs or demos for most.  They are in no particular order.  It is also difficult to categorize them perfectly because many contain multiple features or differ in how the classify their products and services in the market.

     

    Time, Billing & Invoicing

    Clio

    Chrometa

    Rocket Matter

    Total Attorneys

    MyCase

    EsquireBilling

    Credit Card Processing

    Law Charge, Inc.

    Electronic Signatures

    Right Signature

    Docusign

    SignMyPadPro

    Encryption Tools

    Truecrypt

    Verisign

    DigiCert

    Case & Client Management

    Advologix

    Clio

    LawRD

    Document Assembly/Automation/Drafting

    Kiiac

    Koncision

    Exari

    Whichdraft.com

    HotDocs User (part of HotDocs Suite 10 out this summer)

    Rapidocs

    WiziLegal

    LegalVane

    Document Management/Storage

    Box.net

    DropBox

    WorldDox

    NetDocuments

    Virtual Law Office Platforms

    DirectLaw

    Total Attorneys

    Litigation/E-Discovery

    Lexbe

    Nextpoint

    PictureitSettled

    TrialPad

    iJuror

    Transcript Pad

    The Deponent App

    Products with Secure Client Portals

    Clio

    DirectLaw

    Total Attorneys

    MyCase

    Research Tools

    LawBox App

    Google Scholar

    LawLibe

    Scrible

    FastCase

    CaseMaker

    Lexis

    Westlaw

    Project Management

    Legal Workspace

    Onit

    PBWorks

    ZOHO Projects

    Online Document storage/Backup

    Mozy

    Carbonite

    Probono Legal Services Support

    A2J

    LSNTAP

    Probono.net

    Remote Access

    Firmex

    LogMeIn

    GoToPC

    Web-Conferencing

    Adobe ConnectNow

    GoToMeeting

    Skype

    FaceTime

    Website Hosting/Management

    HostGator

    GoDaddy

    Password Generators/Tools

    Keepass

    PC Tools Free Password Generator

    LastPass

    Expert System/Decision Making Tools

    Neota Logic

    Fair Outcomes

    Coming Soon: A list of companies marketing directly to consumers that provide platforms for lawyers to delivery online legal services and market their firms. 

  • Lawyerist Guest Post: Receiving a Digital Education

    The following is an excerpt from my recent guest post for the Lawyerist blog discussing a mini-conference on educating the digital lawyer that I attended last week at Harvard Law sponsored by the Berkman Law Lab. 

    Below are a few examples of courses or programs that are successfully working to provide a digital education.  Some of them have links to resources for the course or to online publications by the educator.  …

    I’m happy to say that the following examples are just skimming the surface of what seems to be a long overdue evolution in legal education. Thankfully several of the advancements are multidisciplinary with a strong emphasis on innovation in delivery of legal services through entrepreneurship.  No matter how far removed you may be from your law school days, the quality of digital education available for current students impacts our entire profession and is worth our support.

    – The Berkman Center’s Law Lab – Check out the Digital LLC project and Cloud Law.

    – Prof. Clark Cunningham, Georgia State University – Uses Clio to introduce students to cloud-based practice management.

    – International Forum on Teaching Legal Ethics and Professionalism – open to explore or register and post content, teaching materials, etc. (in beta)

    – Prof. Paul Maharg,University of Northumbria Law School – Check out the slideshare presentations.   In this open source learning and teaching environment, law students enter a virtual world to conduct simulated legal transactions.

    – Prof. Brian Donnelly, Columbia University – Lawyering in the Digital Age Clinic

    – Prof. Ronald Staudt, University of Chicago-Kent School of Law – Justice and Technology Practicum

    – Prof. Oliver Goodenough, Vermont Law School – Digital Drafting course. Video or audio of the Berkman Center’s session with John Clippinger and Oliver Goodenough on Cloud Law, Finance 3.0, and Digital Institutions.

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