Virtual Law Practice: Basic Concepts

Virtual Law Practice: Basic Concepts

Law Practice Management Section, ABALaw Practice Management Section, ABAeLawyering Task ForceeLawyering Task Force

September 27, 2011September 27, 2011

Faculty

Marc Lauritsen, President, Capstone Practice Systems, Co-Chair, eLawyering Task Force, LPM/ABA. Moderator

Stephanie L. Kimbro, JD, Kimbro Legal Services, Wilmington, NC., Founder, Virtual Law Office Technology.

Richard S. Granat, Partner, Granat Legal, Washington, D.C., Co-Chair, eLawyering Task Force, LPM/ABA, CEO, DirectLaw, Inc.

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http://www.capstonepractice.com/

http://www.elawyering.org/

http://www.kimbrolaw.com/

http://www.vlotech.com/

http://www.dcdivorceonline.com/

http://www.directlaw.com/

I. Introduction: The Basics

What is a “virtual law firm”?What is “eLawyering”?What a “virtual law firm” isn’tExamples of On-Line Legal ServicesWhat is driving the interest in this

concept?

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What is a Virtual Law Firm? A “virtual law firm” is characterized by access by the

firm’s clients to a password protected and secure web space where both the attorney and client may interact and legal services consumed by the client.

More specifically it can be defined as having a secure client portal that is accessible from the law firm’s web site.

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Username:Password:

LOGIN

What a “virtual law firm” is not! A law firm without a physical office, sometimes called a “virtual law firm.”

A law firm that uses web-based back-office practice management tools and applications is not a “virtual law firm.”

An online website that sells legal documents without attorney review, such as LegalZoom and other web-based companies selling online legal forms.

A law firm website with an email “contact us for a free quote” form for prospective clients.

Communication by email even if sent through a law firm’s website

A rented physical office that may be shared with other professionals along with a receptionist service

VPNs, extranets and other services, such as GoToPC and LogMeIn

A conglomeration of attorneys in remote locations pooling resources and communicating over the Internet

A law practice based in a virtual reality world, such as Second Life55

What is eLawyering? Marc Lauritsen, co-chair of the eLawyering Task Force of the Law

Practice Management Section of the American Bar Association has succinctly defined eLawyering as:

“[E- Lawyering is] all the ways in which lawyers can do their work using the Web and associated technologies. These include new ways to communicate and collaborate with clients, prospective clients and other lawyers, produce documents, settle disputes and manage legal knowledge. Think of a lawyering verb—interview, investigate, counsel, draft, advocate, analyze, negotiate, manage and so forth—and there are corresponding electronic tools and techniques.”

eLawyering or virtual lawyering requires that a client be able to log in to a secure web space with a user name and password where they can access the firm’s legal services. 66

On-Line Legal ServicesOn-Line Legal Services

A “virtual law firm” enables clients to:A “virtual law firm” enables clients to:Assemble legal documents over the web;Assemble legal documents over the web;Purchase legal advice online by telephone or Purchase legal advice online by telephone or

email;email;Store their legal documents online;Store their legal documents online;Collaborate with their attorneys online through Collaborate with their attorneys online through

threaded discussions which are archived.threaded discussions which are archived.Access legal information, web advisors, and Access legal information, web advisors, and

intelligent calculators.intelligent calculators.

Benefits of a Virtual Law Firm

Capture new clients who are part of the “latent market for legal services” who don’t use lawyers;

Deliver “limited legal services” on-line.Capture web-savvy clients who are

members of the “connected generation” who expect to relate to their lawyers “on-line.”

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Benefits of SaaS

Security

Regular data backups, geo-redundancy of servers Level of security at a Tier4 Data Center is far greater than the

resources a typical law office could afford for security of law office data.

Data stored on the server is encrypted, same high level of security used by banking and government institutions

Economic Lower overhead costsLess expensive than paying for software, storage, and server hardware and having to run it internally with or without hiring an IT professional for the officeStreamline your practice for greater efficiency

More Benefits

Increase law firm productivity and profitability.

Enhance to client experience. Reduce telephone-tag.Enable a more integrated lawyer/client

relationship.

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II. On-Line Legal Services: Examples

Solos and Small Law FirmsLarge Law FirmsCorporate Law DepartmentsThe Non-Profit Sector

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On-Line Legal Service Applications

Web-enabled document automationWeb Advisors – e..g. Chapter 13

Calculator.Legal Advice On-LineLegal Document ReviewCourt Coaching for Pro Se ClientsCollaboration and CommunicationSearchable and linkable legal library for

clients. 1212

Example of a Client Portal


https://www.clientspace.org/members.asp?firm=C21C8051

https://www.clientspace.org/logout.asp?firm=C21C8051

https://www.clientspace.org/support.asp?firm=C21C8051

https://www.clientspace.org/members.asp?firm=C21C8051&laction=0








https://www.clientspace.org/file.asp?m=1&id=11




https://www.clientspace.org/members.asp?firm=C21C8051

https://www.clientspace.org/logout.asp?firm=C21C8051

https://www.clientspace.org/support.asp?firm=C21C8051












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Complete?Complete?Next questionNext questionNext questionNext questionNext questionNext question

Documents that Assemble Themselves Ready for Lawyer Review

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Excepteur sint occaecat cupidatat non proident, sunt in culpa qui officia deserunt mollit anim id est laborum.

Last Will & Testament








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culpa qui officia deserunt mollit anim id est laborum.




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You don't just ‘fill out’ an automated document – you create it.

The answers you enter create a custom legal document, built from a library of state-specific and relevant legal text, that is tailored to client’s specific facts.

Start Finish

Practice Management Applications

Case CalendarConflicts of Interest CheckingJurisdiction check to avoid UPLDocument ArchivingBilling and Invoices ManagementOn-Line Bill Payment by Credit CardContact Management

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Large firm services

Nonprofit sites

III. Ethical Issues Client Development Issues

Multi-state compliance Pitfalls – trade names, stock art, filing/screening obligations

Creating the lawyer-client relationship Duties to prospective clients Click-wrap as a manifestation of consent

UPL Conflicts Competent representation – verifying the client’s identity Limited scope of representation Confidentiality Payment for services

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Due Diligence & Reasonable Care

Model Rule 1.6(a), "Confidentiality of Information“

Comment 17 provides that lawyers must “act competently” to safeguard confidential information and prevent it from going to unintended recipients during the transmission.

Most State Bars’ Rules of Professional Responsibility have the “reasonable care” standard.

Conduct due diligence in researching both the provider and the technology application.

Confidentiality of law office data Who has access? Government and civil search and seizure actions Breach of confidentiality – unlimited liability for data breaches?

Research the SaaS Provider & Review the SLA

Data return and retention policies Transferring Data/Compatibility Issues

Backups Export features and/or offline versions of the software

Third-party hosting Server locations and geo-redundancy

Response time/customer service and tech support Costs – Subscriptions, what is included History of the company

Financial history or funding of company Current user reviews Infrastructure to support growth Membership in LCCA and/or ILTSO compliant

Legal vs. Public SaaS

For Guidance

ILTSO Standards (April 2011): www.iltso.org Proposed NC FEO 6 (2011) PA FEO 2010-200 (2010) eLawyering Task Force Guidelines (2011) Law Society of British Columbia’s Working

Group Report on Cloud Computing (Summer 2011)

Legal Cloud Computing Association (LCCA)

Minimize Risk

It is the responsibility of the attorney operating a virtual law office to do the following: Make the determination on a case by case basis:

Can I competently handle this legal matter online or does it require in-person representation?

Understand the technology and the security risks

Implement daily best practices for use of the hardware, especially mobile devices, and software applications

IV. Practicalities

How do you make it happen?How much does it cost?Cloud Computing and SaaSNeeds Analysis

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Costs of a Virtual Law Office

Front End Web Site- Hosting and DesignClient Portal

Vendor pricing ranges from $49.00 to $299.00 a month depending on complexity.

Web-Based Practice Management Solutions.Approximately $49.00 per attorney per month.

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Typical Virtual Law Firm SaaS Offering- What to look for?

No Up-Front Capital Investment or small set-up fee.

No software or Hardware to InstallEast to ImplementEthically CompliantTotally SecureSubscription-basedPlugs Into Your Existing Web Site.

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V. Marketing Legal Services Online

New Market OpportunitiesDefining a NicheClient-centric web siteHow to make your web site findable!!Role of Social Media in Brand BuildingBuilding an On-Line Brand

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Latent Market for Legal Services

50% of middle income households in the US have at least one legal problem per year

Only 20% seek legal assistance from attorneys.

26% do nothing at all.

Increasing percentage of consumers seek alternatives to lawyers such as self-help.E.g., Nolo and LegalZoom

Potentially huge market waiting to be tapped in the US for personal consumer legal services.

How do you reach web-savvy How do you reach web-savvy clients?clients?

You have to learn how to deliver legal services over the You have to learn how to deliver legal services over the Internet and create an “online” brand.Internet and create an “online” brand.

Requires an interactive web site which support the Requires an interactive web site which support the “virtual practice of law.”“virtual practice of law.”

More than a passive web site.More than a passive web site. The web site as the “front-door” of your law practice.The web site as the “front-door” of your law practice. The web site as a way for your firm to create an “online The web site as a way for your firm to create an “online

brand.”brand.” If you are not getting clients off the Internet, you are If you are not getting clients off the Internet, you are

missing part of the market in your territory. missing part of the market in your territory.

Pure Play Virtual Law Practice

Difficult to pull off unless you have a specific niche that you can expand on through your web site.

Need to have a web that can be found on the web through the search engines.

Need to understand how to drive traffic to you web site and convert visitors into paying clients.

• Differentiation• Remarkable• Client experience

BUILDING A

STRONG BRANDONLINE

Where are you? How will your firm integrate elawyering

into practice management? Will you unbundle legal services online? Will you provide secure online client access for in-

person clients? Will you cultivate an entirely online client base?

Future innovations in the delivery of legal services will include more applications to

allow the public to directly interact with their attorney online.

Learn More ABA ELawyering Task Force: http://www.elawyering.com Other online resources: eLawyering Blog by Richard Granat

http://elawyeringredux.com Virtual Law Practice Blog by Stephanie Kimbro

http://virtuallawpractice.org The Virtual Law Firm Learning Center

http://www.directlaw.com/learningcenter.asp Unbundling Resource Center – American Bar Association

Books: Virtual Law Practice: How to Deliver Legal Services Online,

ABA/LPM by Stephanie Kimbro The Lawyer's Guide to Working Smarter with Knowledge Tools,

ABA/LPM by Marc Lauritsen3434

Virtual Law Practice: Basic Concepts

Technology

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