What Lawyers Can Learn From LegalZoom

Unless you've been asleep for the last five years, you have probably heard of LegalZoom, the California-based, non-lawyer legal document preparation company that claims it has delivered over 1,000,000 wills to consumers, and that it is the largest incorporation company in the country.

LegalZoom is only one of hundreds of Internet-based legal form web sites that have emerged during the last 10 years and which are eating away at the market share of solos and small law firms. LegalZoom has been challenged by some state bars with the unauthorized practice of law, but hasn’t lost a case yet. They are serving thousands of customers who ordinarily would be served by solos and small law firms. They must be doing something that is in demand because they continue to grow at the expense of solos and small law firms.

LegalZoom, and non-lawyer legal form web sites like it, have a business model that consists of the following elements:

  • A legal service delivered purely over the Internet;
  • No physical offices, and thus no extensive rental costs to pass on to customers;
  • Limited services offered at a fixed price that can be easily compared with other providers including law firms;
  • The use of web-enabled document automation technology to reduce costs and increase productivity;
  • A secure customer portal where clients can execute legal tasks in their own personalized web space;
  • Access on their web site to thousands of pages of free legal information on hundreds of subjects;
  • Money-back guarantees to comfort consumers; and
  • Reliance on informed consumers to do part of the work, often called co-production, such as filing their own documents or executing their documents on their own based on provided instructions to keep costs down.

Consumers don’t seem to care that they are not dealing with a law firm. As lawyers, we know the service they are selling is risky for consumers, but for consumers it delivers a “good enough” result. LegalZoom would not be growing at this fast a rate if they weren’t offering something that consumers want and value.


How to Compete Against Legal Zoom and Other Non-Lawyer Providers

In the new, competitive environment that solos and small law firms face in the current economy, the keys to law firm survival are to expand the strategic options available by opening new client markets, reducing the cost of services, and delivering legal services in a way that distinguishes your firm from other firms in the pack. These strategic options should be mixed with more traditional approaches to differentiation such as specialization within a niche practice area.

It is time for solos and small law firms that offer personal legal services to the broad middle class to rethink their law firm business models. There are many opportunities for incorporating some of the elements of the LegalZoom business model into a more traditional law practice.

To name a few:

  • Consider offering "unbundled" limited legal services at a fixed price, both on-line and off-line;
  • Leverage a reputation in your local community and a physical office into an on-line brand that is both local to your community and extends throughout your state;
  • Add virtual law office functionality to your web site so that your clients can have the option of interacting with you on-line;
  • Figure out ways of using Internet-based technologies, such as web-enabled document automation to strip out costs from your overhead structure increasing profitability;
  • Figure out how to segment the market offering lower priced services for more routine matters in order to build trust so that when a client has amore complex problems they will turn to you for assistance;
  • Emphasize all of the advantages of using an attorney over a non-lawyer forms provider in your marketing materials and your elevator speech. Click here to see one such comparison.
  • Use web-based technologies to respond to both prospects and clients within hours rather than days.
  • Reduce the perceived risk that consumers have in retaining a lawyer by increasing transparency and structuring forms of performance guarantees.
  • Adopt project management technologies to better estimate costs and fees on more complex projects, translating that data into communications that clients understand.

The current depressed economy and its affect on the broad middle class is not going to change tomorrow. It is likely that solos and small law firms, will have to adjust to new pricing and market realities in the future as competition from non-lawyer providers of legal solutions continues to increase. Large law firms serving large corporations may be immune from these developments, at least for a few years any way, but the fact that Big Law is changing relatively slowly should not mask the rapid changes happening to solos and small law firm practitioners that serve consumers and small business.

I heard a report the other day that the volume of wills and estates practice in one state declined by 50% during the past year. I predict that this trend will continue and not reverse itself, despite any improvements in the economy.

Some commentators think that the monopoly will hold. History and the experience of other countries in deregulating the legal profession suggests otherwise.


Welcome to the "new normal."
 

Washington State Attorney Zooms in on LegalZoom's Claims

Washington State's Attorney General has entered into a settlement agreement with LegalZoom , requiring that LegalZoom cease comparing its fees to attorneys' fees unless the company clearly discloses that its service isn't a substitute for a law firm. The agreement also prohibits LegalZoom from engaging in the unauthorized practice of law, selling personal information obtained from Washington customers or misrepresenting the benefits of any estate distribution agreement. LegalZoom is also the subject of a class action suit in Missouri for the unauthorized practice of law.

This action has been a long time coming, but much of the damage to solos and small law firms has already been done, as LegalZoom, with its substantial venture capital backing, has already imprinted itself on the minds of America's middle class consumers that it offers a better alternative that seeking the advice of an attorney.

Even Polaris Investors - the VC firm that backs LegalZoom - claims on its web site that:

"Legalzoom is the nation’s largest online legal service center.  The company helps its consumer and small business customers quickly and affordably create estate planning documents, form businesses, and protect valuable intellectual property such as trademarks and provisional patents through their easy-to-use website thus avoiding costly attorney fees." (Our emphasis).

There is a value in having non-lawyer, trained paralegals assist consumers in completing legal forms, but LegalZoom's consumer practices have set this reform movement back.  If an attorney claimed that his practice, "put the law on your side," as Robert Shapiro of OJ fame has done on every Cable-TV channel, that lawyer would probably be subject to disciplinary action for an advertising claim that is a material misrepresentation.

It is time to level the playing field by requiring LegalZoom to disclose clearly the limitations of the services it provides.

Other State Attorney General's with responsibility for enforcing consumer protection legislation should take notice.

 

On-Line Wills: Web Forms Only vs. Lawyer Services

Last week the New York Times, in it's Your Money column,  did an evaluation of non-lawyer legal form sites that offer wills on-line, including products offered by Legal Zoom and Nolo. The author concluded that a lawyer can still be very helpful:

"... a computer program can’t ask you about your family relationships or tease out complex dynamics, like your daughter’s rocky marriage."

"Still, the biggest risk might be summed up by Phillip J. Kenny, a lawyer in McLean, Va., who said that one client came back to him after looking at a software package and said, “I don’t know what I don’t know.”

A subsequent blog post in the New York Times Bucks  Blog that is linked to the column, discussed emerging online services that provide a lawyer review, or lawyer preparation of a will for a fixed price.  Services that were mentioned include: RocketLawyer, Nolo's Lawyer Directory, and DirectLaw's virtual law firm service for solos and small law firms. The MyLawyer.com web site, that wasn't mentioned,  is another example of a web site that links consumers to law firms that offer "unbundled legal services" over the Internet.

The lawyer review and lawyer assisted document preparation services are an example of how lawyers are learning from non-lawyer web sites to "productize" their services in a way that makes their legal services affordable to a wider range of consumers increasing their market penetration.

If more solos and small law firms followed the lead of the law firms delivering affordable online legal services, eventually the market share erosion from non-lawyer providers would diminish. More importantly, the legal profession could retain and consolidate its dominant position as the primary provider of legal services to the broad middle class. That's a big "if". At this point solos and small law firms continue to lose market share to new market entrants, despite the legal profession's UPL rules.

 

Defining the Virtual Law Firm

Jay Fleischman, who authors the LegalPracticePro Blog, recently had a blog post where he wished "Death to the Virtual Law Firm." His problem is not with the idea of lawyers practicing law over the Internet, but that the term "virtual" is confusing because it connotes that the lawyer really isn't present. In reality, the virtual lawyer is very present as the producer of legal services, perhaps even more so than a traditional lawyer, because there is the potential for 24/7 accessibility.

He argues that this term confuses the consuming public and potential clients.

In my opinion, the idea of a "virtual law firm"  is becoming a way of describing a law firm that delivers legal services in a new and innovative way. The average consumer whose purchasing behaviour  has changed because of the proliferation of non-lawyer web sites on the Internet, such as LegalZoom, understands very well that when a law firm uses the terms, "virtual" or "online" that the firm is offering a service that is often more reasonably priced, more convenient to use, and often delivered at a faster response time than is usual.  Our market research shows that when consumers see the term "virtual law firm", that it means that a law firm is willing to offer legal services in a non-traditional way, usually  "unbundled legal services," and at a fixed price.

Sometimes a term moves into common usage with unanticipated consequences and a different meaning than its common meaning.  For law firms offering online legal services, this is a way for them to differentiate themselves from law firms that offer legal services in a traditional office setting who eschew digital methods.

It is a marketing message that is powerful, because at the present time there are very few lawyers who have learned to harness the power of the Internet to increase their productivity and keep their prices affordable. "Virtual lawyering" communicates a message to consumers that this is not your "grandparents" law firm.

I doubt that consumers think that a virtual lawyer is someone who is just an avatar in http://www.secondlife.com. At some point in the future, delivering legal services online will become common. At the present time it is not, and the online law firms, that use this moniker, are trying to differentiate themselves from from the rest of the pack. There are very few law firms reaching out to the broad middle class with affordable legal services and too few law firms using the Internet as a platform for the delivery of legal services. "Virtual law firms" represent a new category of law firm that are reaching out to a "latent" market of consumers with a new value proposition.

Because the method of delivering legal services over the Internet is shaped by technology, and the underlying technology needs to be carefully examined and evaluated in terms of whether legal services delivered online are ethically compliant, it is useful to be able to treat this activity as a separate category, at least for the purpose of discussion.

Perhaps in the future, lawyers who deliver legal services over the Internet will refer to themselves as "digital lawyers", or "Online Lawyers", and these terms will become synonyms for "virtual lawyers".  For now, the label, "Virtual law firm" and "Virtual lawyers" is a useful way of framing this emerging activity so its benefits and deficiencies can be further examined. Without precision in definition, it is easy for any lawyer who works from home, and who never sees a client face to face, and who simply uses email, to call themselves a "virtual lawyer." 

I think that the Wikipedia definitions of a "virtual law firm" and "elawyering" , are useful as a starting point for understanding this new category of law firm. The only way to advance the "state of the art" is to recognize that the Internet as a platform for the delivery of legal services is something unique that requires careful examination and assessment. That exploration doesn't get very far if we simply lump all law firms into the same category.