Example of a Niche Practice: Estate Planning for Single Parents

Jason Goita, who operates a Florida state-wide virtual law firm, using our DirectLaw technology,  from his base in Tampa, Florida, has just spun off a second virtual law firm web site that is focused on Estate Planning for Single Parents. This is a good example of how to develop a niche focus within a general area of law. In a crowded market, like the legal profession,  the best way to get noticed is to develop a narrow area of expertise and to focus like a rifle shot on a particular group of clients. When you target a market segment precisely you have an opportunity to gain a client's trust and build a relationship, paving the way for selling other legal services. The site is also very well designed as it doesn't over load the visitor with too much information, guiding the user through a dialogue that leads to purchase of legal services.

A great discussion on the benefits of developing a niche practice as the corner stone of a law firm marketing strategy appears in David V. Lorenzo's Rainmaker Lawyer marketing blog at Law Firm Marketing and the Benefits of a Narrow Practice Niche.  Lorenzo states that there are at least four good reasons to develop a narrow practice niche: (1) perception of expertise; (2) client confidence; (3) experience; and (4) competitive advantage. Lorenzo says:

Focusing your law firm marketing in a narrow niche will help you attract more clients, gain their confidence and respect quicker and it gives you a competitive advantage.  Start thinking of a way you can narrow your marketing focus and you will notice the difference in the clients you attract.

 

In addition to  these four reasons, I would add that if you want to get noticed by Google and the other search engines, the best way to accomplish this objective is to have a narrow focus with targeted key words both on the pages of the website and in the meta-tags on each page of the site.
 

Increasing the firm's visibility in organic search can result in a significant reduction in the cost of pay-per-click advertising. Pay-per-click advertising (e.g. Google AdWords) is, in my opinion, still critical for getting visitors to your site, but a narrowly focused site goes along way towards getting noticed on the web. Moreover, a narrowly focused site is less confusing to visitors because of the singular focus. The mind can only absorb so much text before attention begins to fade. Focus helps keep the Internet-based client focused on the task at hand and streamlines the purchase process.

RocketLawyer Raises More Venture Capital

RocketLawyer, a consumer portal linked to a network of law firms has announced that they have secured $6.55 million out of a $7.55 million funding round, according to a regulatory filing.  This is in addition to an initial $2.9 million investment by LexisNexis. It would be interesting to know RocketLawyer's valuation. If the $7.55 million bought 25% of the firm, then RocketLawyer, would be worth upwards of $30,000,000, post-money. If RocketLawyer is generating $6.000,000 in annual volume, then the valuation would be 5 x revenue. Sounds pretty rich. Typically valuations are confidential, but this information could shed some light on how hot the "Software as a Service" legal industry is. 

Dan Nye, former CEO of LinkedIn, has assumed the role of CEO, replacing Charley Moore, the founder of RocketLawyer., who remains as Chairman. (I guess the old adage that the first thing that a VC does when investing in a company is to replace the CEO is true!).

It will be interesting to see how RocketLawyer scales its operation with this funding, and how it develops a strategy to differentiate itself from AVVO and LegalZoom.  As AVVO adds functions to link consumers with lawyers, and as LegalZoom moves towards expanding its referrals to law firms for consumers that need the assistance of lawyers, one can see a certain amount of convergence in these sites. Of course, neither RocketLawyer nor LegalZoom, actually rate or evaluate lawyers, so in my opinion, gives AVVO an upper hand.

Our own legal consumer portal at MyLawyer.com also offers to link consumers to law firms, but the MyLawyer.com Directory only contains virtual law firms that offer legal services online, a niche which we believe will continue to grow. MyLawyer.com's free legal forms and legal documents service is a disruptive move designed to undercut the RocketLawyer and LegalZoom, approach that a consumer should have to pay for a legal form. (Although, our own experience has demonstrated that consumers really like the idea of a person reviewing and creating a legal document even though the person is not a lawyer and can't function as much more than a "scrivener." )

Like "open source" code we believe that the cost of legal forms on the web will continue to decline until pricing approaches zero, and that the real value add while be an attorney's advice and review when it is needed. For an elaboration on this theory, see generally, Chris Anderson' work on , Free - the Future of a Radical Price.  Once a person's situation becomes a bit more complex that the simplest fact situation, it is arguable that some form of legal advice and guidance is required.

AVVO Secures $10 million in New Funding

AVVO, the controversial law firm Directory that provides ratings of  lawyers has received a new $10,000,000 round of venture financing led by DAG Ventures of Pal Alto, California. The AVVO Directory is reputed to be the largest and most trafficked legal directory and the largest free legal Q&A forum receiving tens of thousands of questions and answers each month from consumers. The Directory also provides ratings and profiles for 90% of licensed attorneys in the US.

This funding is an endorsement of AVVO's concept that what consumers want in evaluating law firms is transparency and clarity with respect to the lawyer's reputation, legal services offered and even the pricing of legal services. The AVVO ratings system continues to increase in credibility and I predict that AVVO will become a first stop for consumers in searching for an attorney.

The AVVO system is arguably superior to Internet-based lawyer matching services, where consumers are matched with an attorney on  the basis of a summary of a problem submitted over the web, as the consumer really doesn't have a clue about the competence of the law firm to which they are being matched.

To cite other examples of opaque law firm directory sites, there are web sites that aggregate consumers through a specialized legal information web site, and then redirect those prospects  to a network of law firms that have purchased the exclusive right to receive leads in a particular territory. The lawyers in these networks may be very competent, but there is little information about their pricing or even links to these law firm's web sites.Consumers seeking competent lawyers on the Internet will continue to gravitate towards more transparent sites law firm directories sites like AVVO.

 

Wizilegal - A New SaaS Virtual Law Firm Provider Focuses Its Target

Wizilegal,  a relatively new company based in San Diego is offering a virtual law firm service to solos and small law firms. The company recently relaunched its web site with a focus on enabling law firms to compete against LegalZoom.  Like DirectLaw, Wizilegal offers web-enabled document automation that enables law firms to offer  legal documents and forms through a law  firm's web site. It is good to see new competition come into this market space  because it is healthy sign that the "virtual law firm" concept is receiving wider acceptance among solos and small law firms.

We have previously defined the "virtual law firm" as a law firm that has a secure "client portal" integrated with its web site that is accessible by a client only with the use of a secure user name and password. From this "client portal", the  law firm is able to offer various legal services online.

A number of companies have emerged during the past two years that offer a "client portal" that can be branded with the law firm's logo and integrated seamlessly with the law firm's web site. Typically, the client portal is provided as a SaaS on a subscription basis. These companies include DirectLaw, Total Attorney's Virtual Law Office Technology, Clio's Web-based Practice Management Software, and now Wizilegal. These companies are to be distinguished from web-based practice management software companies like RocketMatter , that offer just "back-office" practice management tools, but no "client portal." application.

Here is a quick summary of key features of the Wizilegal offering:

  • A web-enabled document authoring solution that is claimed to be very easy to use. (But no pre-automated legal documents or forms are included in their package). The document automaton function incorporates intelligent rule-based document assembly and can be applied to both text documents and .PDF forms. Interactive questionnaires appear within the web browser. I have not worked with this system, so I can't tell how easy it is to build out complex documents and forms. We welcome comments from users of Wizilegal about ease of use of the authoring system.
     
  • The capability of offering document downloads and reviews;
     
  • Integrated payment processing through PayPal. (but not through MC, VISA, or American Express);
     
  • The capacity to create a law-firm branded client portal;
     
  • Law firms can set up their own system almost immediately using the the company's web tools.
     
  • Pricing is based on a $49.00 set up fee, plus $65.00 a month with no long term contract. In addition for every  document created by a client there is a $4.00 per document charge. There is no document charge for documents created internally, but for each administrative log-on there is a separate $55.00 administrative fee.

As competition increases in the virtual law firm provider space, it will be interesting to see how much market share Wizilegal will be able to capture with its approach. It will also be interesting to see whether a new cadre of web-enabled "virtual law firms" offering a true legal services  will be able to have an impact on LegalZoom's growth rate. With  LegalZoom's superior capital resources and national branding power, it may be hard for individual law firms operating online to capture mind share. Out of date ethical rules that govern the legal profession don't help the competitive position of law firms when they go up against new non-law firm players like LegalZoom. So the playing field is not level and the legal profession operates from a disadvantage.

It doesn't help when Robert Shapiro of OJ fame, is proclaiming every few hours on many cableTV channels that "The Law  is on Your SIde". What does that mean anyway?

Innovation and Rules of Professional Responsibility

ABA President B. Lamm has created a new Commission on Ethics called Ethics 20/20 to review  ethics rules and regulation of the legal profession in the United States in the context of a global legal services marketplace. Hearings will be held at ABA Meetings to get input from various interests on how to reform or modify the ABA Code to enable US law firms to remain competitive in an age where Internet  technology is pervasive.

I have been invited by the Commission to testify and submit a statement at the ABA Mid-Year Meeting in Orlando, where the Commission is holding one of its first public hearings.

My statement will discuss the following topics:

  • how the rules of professional responsibility function as a deterrent to innovation;
  • issues relating to the unauthorized practice of law and the definition of "the practice of law;"
  • legal referral concepts in the age of the Internet;
  • state rules of professional responsibility that require a "physical" business office in order to practice law in that state;
  • the potential for cloud computing;
  • enabling the delivery of limited legal services online;
  • law firm ownership structure as it relates to innovation in the delivery of legal services;
  • and the eLawyering Task Force Recommended Guidelines for the Delivery of OnLine Legal Services.

I am looking for suggestions and ideas about other issues that relate to the delivery of online legal services and the rules of professional responsibility. Any ideas are welcome. Just comment on this blog.

Blue Ocean Strategy and Limited Legal Services

When we designed the DirectLaw web service we relied on theories developed by W. Chan Kim and Renee Mauborgne in their best selling book Blue Ocean Strategy: How to Create Uncontested Market Space and Make the Competition Irrelevant .

Our concept is that a technology platform that enables law firms to offer limited legal services over the Internet could tap into the "latent markets" for legal services.

We also used this analytical approach to develop our online non-lawyer document preparation service approach and our approach to offering automated legal forms over the Internet which are also designed to serve the "latent market for legal services". LegalZoom is demonstrating that there is a huge latent market that is satisfied with a "good enough" solution.

Nicole Garton-Jones, a lawyer based in Vancouver, Canada, and a user of our DirectLaw platform has posted a detailed analysis of how her law firm development strategy is an example of Blue Ocean Strategy in action. See her blog post on this subject. Its worth reading.
 

Minimum Requirements for Virtual Law Firms

The eLawyering Task Force,  which is part of the Law Practice Management Section of the American Bar Association has been developing a recommended set of minimum requirements for law firms delivering legal services online.  The draft that has been published is a working draft and we are soliciting comments as we move towards a final document. The draft document can be downloaded here.

The ABA does not have a comment facility on their web site, but comments can be contributed on this blog, well as a discussion group  that has been set up on LinkedIn called Virtual Lawyering.

Any comments that are submitted will be circulated among members of the Task Force.

Disclosure: I am Co-Chair of the eLawyering Task Force

Total Attorneys Responds to Zenas Zelotes Attack

Total Attorneys has responded to Attorney Zenas Zelotes filing of ethics complaints in 47 different jurisdictions.

The Total Attorneys response can be found here.

Total Attorneys summarizes its response as follows:

"In a nutshell, Mr. Zelotes’s 303-page complaint (including exhibits) alleges that Total Bankruptcy (and various other Total Attorneys companies) is a for-profit referral service, that the business model of the Total Attorneys marketing sites amounts to impermissible fee splitting, that our advertising is impermissible solicitation and that our advertising is misleading. The complaint is a hodge-podge of hearsay, factually inaccurate statements, and carefully selected lines from a myriad of state advisory opinions taken wholly out of context, all crafted together to paint a picture of our program that could not be ignored by state regulatory counsel."

This is a complicated issue that needs further analysis, as there are two sides to this story. Supporting documents in the Total Attorneys response which require further examination include:

Zelotes Complaint with Exhibits

Total Attorneys Response filed in Illinois

Zelotes Reply

South Carolina Ethics Opinion

Kentucky Ethics Opinion

Total Attorneys Being Sued for Violation of Legal Referral Rules

 TotalAttorneys, a so-called marketing association of attorneys that operates legal referral web sites,  such as TotalDivorce and TotalBankruptcy , is being sued in multiple jurisdictions by Attorney Zenas Zelotes, a consumer bankruptcy attorney, based in Hartford, Connecticut and Nevada, for violation of bar referral rules that exist in every state. The Connecticut Law Tribune just released a headline story about the pending Zelotes v. Chern et al .ethics investigations (wherein more than 500 bankruptcy practitioners face possible professional discipline for certain business transactions with Illinois Attorney Kevin W. Chern d/b/a Total Attorneys et al.).  The story in Monday's Connecticut Law Tribune summarizes recent findings of probable cause in Connecticut that certain attorneys doing (or having done) business with Chern committed professional misconduct.  The story (which is available on line now and which will be released in print edition on Monday) can be found by clicking on the following link: http://www.ctlawtribune.com/default.aspx .

One problem with web-based legal referral directories like the TotalAttorney directories is that the user doesn't see the qualifications of the law firm on the web site, Instead, the prospect submits information about their case which is then sent to a selected number of law firms who pay  high referral fees for the leads. The consumer is really unaware of the identity of the law firm to which they are being referred. Placement in the directory is based on the law firm's ability to pay the "marketing fee" .

Other law firm directories are more transparent and let the consumer view the attorneys profile on line which enables the prospect to make their own judgment about which law firm they want to explore a potential relationship or engagement. These more transparent directories include FindlawLawyers.comNolo.com, and AVVO. The more transparent and information robust an attorney directory is, the more consumer friendly it is.  When a consumer provides information to an on line questionnaire when the identity of the law firm is masked by the web site, the consumer is assuming more risk that the attorney really meets their needs. Caveat Emptor !!

 

New Book on Marketing for Lawyers is a Winner!

A colleague of mine, Paula Black has just published a new book for lawyers on how to market themselves and their law firms.  This book should be on every lawyer's desk or night table. You don't get business, unless you ask for it, and Paula Black shows you how to do it. That’s why I am happy to share with you a special opportunity. For the next 48 hours only, Paula is offering a collection of FREE bonus gifts to anyone who purchases this little gem: “The Little Black Book: A Lawyer’s Guide To Creating A Marketing Habit in 21 Days.” Designed to help lawyers integrate marketing into their daily lives, this book is quick, easy and inspirational. By purchasing it within the next 48 hours you will receive special access to information and resources from more than 30 experts. A compilation of advice from some of the most sought-after marketing and management experts in the legal profession, “The Smart Lawyer’s Toolkit” gives you instant admittance to an incredible collection of tips and information. Click here for details…but do it fast!

Best Practices for Virtual Law Firms

The eLawyering Task Force of the Law Practice Management Section of the ABA, had its monthly telephone call on Friday. One of the action items is a renewed interest and commitment to produce a set of best practice guidelines for law firms that want to deliver legal services online. These guidelines would complement the Best Practice Guidelines for Legal Information Web Site Providers that were produced by the eLawyering Task Force and approved by the ABA House of Delegates in 2003. The Legal Information Best Practices Guidelines apply to both law firms and non-law firms and don't deal specifically with issues that lawyers face when they want to deliver legal services online. In some cases it has been reported that malpractice insurance carriers have declined coverage when a law firm attempts to provide legal services directly through their web site. With more law firms embracing the concept of virtual legal practice, it becomes even more important to provide a framework for best practices.  The guidelines would cover such topics as ethical issues in delivering online legal services, security issues, and the attorney/client relationship.

In addition, a new group of software vendors that license "software as a service" {SaaS) have emerged to provide online software applications that support virtual law practice. Some of these vendors include: Virtual Law Office Technology, RocketMatter, Clio, and our own DirectLaw, Inc.,  As part of the guidelines development process, we plan to seek input from this emerging group of software as service vendors.

The goal is to have a draft ready for the discussion by the eLawyering Task Force at the ABA mid-year meeting and then a revised draft for further discussion as the quarterly meeting of the Law Practice Management Section in New Orleans in May, 13- 16, 2009.

Feedback and ideas about what issues should be covered are welcome from all.

 

LEGALTECH NEW YORK 2009

We are exhibiting our DirectLaw Web Service at LEGALTECH in New York on February 2-4, 2009. This show is one of the largest legal technology shows involving over 450 legal technology vendors which attract over 13,000 participants. The show is at the New York Hilton at 1335 Sixth Avenue. We are Booth #1621 on Level II.  If you are planning to attend, please stop by for a demonstration of our DIrectLaw Service or just to chat about new developments in the delivery of online legal services. We will be introducing the latest version of Rapidocs, known as Rapidocs 4.0, which is our web-enabled document automation solution that operates totally within the web browser without requiring the downloading of an Active X control, Java Applet, or other software application.  Come see legal documents assembled in real time within the web browser.

Richard Cohen, CO-CEO of EPOQ, our sister company in the London, will also be in attendance and is up to date on new developments to de-regulate the legal profession in the UK and EPOQ's new mylawyer network of web-enabled UK law firms that serve consumers.

The End of Lawyers? Rethinking the Nature of Legal Services

 Richard Susskind's new book, The End of Lawyers?: Rethinking the Nature of Legal Services was just published by Oxford University Press, in the United Kingdom. I received a copy from my associates in London today, and US distribution should begin within 10 days.  For law firms thinking about the future of the legal profession, this book should be mandatory reading.

Susskind sees the legal market as “broken.” Access to justice is available only to citizens who are very poor or very rich. The cost of dispute resolution in the courts often exceeds the amount at issue. Small businesses invariably claim that mainstream legal services are beyond their budgets. And even the world's largest companies and financial institutions are seeking radically new ways of meeting their legal needs.

Susskind argues that, in this time of grave economic uncertainty, the market will no longer tolerate traditional, expensive lawyers who handcraft tasks that can be better discharged with the support of modern systems and techniques. He claims that the legal profession will be driven by two forces in the coming decade: by a market pull towards the commoditization of legal services, and by the increase of disruptive, Internet-based technologies. The threat here for lawyers is clear - their jobs may well be eroded or even displaced.

Susskind challenges the legal profession to ask what elements of their current workload could be undertaken more quickly, more cheaply, more efficiently, or to a higher quality using different and new methods of working. Susskind argues that if automation can streamline certain legal tasks and that the market will forces lawyers to adapt to the "digitization"  or they won't survive.

I am still working my way through this important book, so will have more to say in future blog posts when I finish it.

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