Detroit News just published an article on the decrease in divorces because of the recession - a national trend, and an increase in pro se divorces in Detroit, also a national trend. The article discussed the possibility that law firms could offer "unbundled legal services" as a way of reducing the cost of divorce, but apparently there are very few Michigan law firms that provide this kind of limited legal service.
One law firm in Michigan that is pioneering in offering a reasonably priced limited legal service for divorcing couples over the Internet is Calibre Law, PLC at Michigan Virtual Law, one of the law firm;s in the DirectLaw network. Calibre is Michigan's first virtual law firm. Calibre offers no-fault divorce forms with legal advice for a reasonable fixed fee.
Calibre Law is lead by Edward F. Hudson II. a litigator with experience in estate planning, family law, and small business disputes. Based in Royal Oak, Michigan and launched only a few months ago, Attorney Hudson, plans to have an impact on making legal services affordable throughout the entire Detroit metropolitan area.
DirectLaw is pleased to announce the opening of a new virtual law practice by Montreuil & Associates in Macon, Georgia. The firm will provide services in the areas of business, family and divorce, estate planning, landlord/tenant, and name changes over the Internet throughout the state of Georgia.
The firm provides both traditional legal services and an online legal solution platform to serve new and existing clients. The online service allows the firm to provide cost-effective legal services so that everyone in the state can have access to affordable legal services. Ms. Montreuil says that she is committed to the idea of using the Internet to providing increased access to the legal system.
Renay Bloom Montreuil has an undergraduate degree, magna cum laude, from Youngstown State University and a law degree from Mercer University School of Law. Renay has been a Pro Bono Volunteer for Georgia Legal Services and has worked with Life support as a mentor for woman and youth. She is licensed to practice law in Georgia and Florida.
DirectLaw has announced that the Law Office of Kyle Rhodes, based in Fort Worth, Texas has subscribed to DirectLaw's virtual law firm platform to enable the firm to offer legal services over the Internet to Texas residents. The firm focuses on offering Texas, Wills, Texas Trusts, and other asset protection documents for a fixed price, bundled with legal advice.
This law firm is not a pure virtual law firm as Attorney Rhodes maintains a downtown Ft. Worth office for clients who prefer to meet with him face-to-face. This is a good example of what I call, "click-and-mortal" - combining a virtual law practice with an off-line physical practice. The market research that we have conducted suggests that the most effective implementation of the "virtual law firm" concept is as an add-on to a office-based practice, as this combines the best of both worlds.
For more information visit the website. The firm utilizes Rapidocs, DirectLaw's web-based document automation system to enable clients to complete online questionnaires which generate documents ready for lawyer review and editing. This is DirectLaw's third law firm launch in the State of Texas.
Recently a prospect for our DirectLaw Web Service asked me whether it was the unauthorized practice of law for a law firm to use a legal document that is generated by our web-enabled document automation system (Rapidocs), because the legal form did not originate within the law firm itself. In this model, a client completes an on-line questionnaire which generates a legal form or legal document instantly ready for attorney review and further modification. I asked my colleague Will Hornsby, who is Counsel to the Standing Committee on the Delivery of Legal Services, American Bar Association, and a leading expert on ethical issues that arise from delivering legal services over the Internet.
Hornsby says that a lawyer commits the unauthorized practice of law when the lawyer assists a non-lawyer, whether that is a person or a corporation, to undertake the practice of law. This leads to the question of whether online document automation that creates a legal form or document from data provided by the client is the practice law. The definition of “the practice of law” varies from state-to-state but frequently includes the drafting of legal documents and the use of legal knowledge or skill. (For specific state definitions of what is the practice of law, or the unauthorized practice of law, click here.
However, the question here revolves around whether the lawyer is “assisting” the software vendor in practicing law when the document preparation is provided as a legal service of the law firm. This is analogous to services provided by paralegals and other outsourced services. In most states, for example, paralegals have no independent authority to provide legal services. If they independently provide document preparation or use their legal skills in serving clients, they may be deemed in violation of their state’s UPL laws, as are any lawyers who assist them in providing those services. [This is the LegalZoom model ]. However, if paralegals provide those same services under the direction of a lawyer and the lawyer assumes supervisory obligations, the paralegal is not practicing law and is not violating UPL laws, nor is the lawyer who provides the supervision “assisting” in the unauthorized practice of law.
ABA Formal Opinion 08-451 (Aug. 5, 2008) clarifies that a lawyer may outsource legal services, subject to several considerations. The opinion directly addresses independent contractors, such as temporary lawyers, but also mentions sources of tasks such as a photocopy shop, a document management company and a third-party vendor for the firm’s computer services. In its discussion of Model Rule 5.5 and the unauthorized practice of law, the Opinion states, “Ordinarily, an individual who is not admitted to practice law in a particular jurisdiction may work for a lawyer who is so admitted, provided that the lawyer remains responsible for the work being performed and that the individual is not held out as being a duly admitted lawyer.”
Therefore, according to Hornsby, and I agree, even if a document automation application would be deemed the unauthorized practice of law if its services were provided independently of a lawyer’s services, once those service or the documents produced by the software application are provided under the lawyer’s direction and supervision, within the scope of the lawyer’s services, the lawyer can no longer be assisting the document preparation in the practice of law and no longer has a risk of assisting in the unauthorized practice of law.
Myrna Arroyo, a solo practitioner in located in Baton Rouge, Louisiana, who specializes in estate planning, has launched a virtual law firm site that offers wills, living trusts, and other estate planning documents bundled with legal advice for a fixed price. The site is designed to provide an alernative to web sites like LegacyWriter,Do Your Own Will, LegalZoom, and Wills-Online, which offer legal forms without any legal advice. None of these legal form web sites offer documents that are specific to the State of Louisiana because of the particular nature of Louisiana law, which is based on the French Civil Code. Users are able to complete an on-line questionnaire which generates a completed legal document, ready for lawyer review, analysis, and further customization. Web enabled document automation enables saves time in document creation, enabling Ms. Arroyo to provide legal advice with the document for a fixed price. The site is powered by Epoq's, DirectLaw Web Service.
http://www.illinoisdivorce.com is another web site that offers low cost no-fault divorce forms bundled with legal advice. Operated by the Chicago law firm of Cowell Taradash, P.C., this web site offers useful legal information on Illinois divorce issues, an offer of free consultation with an attorney by telephone, and an offer to answer simple legal questions on family law by email for free. The basic fee for an uncontested, self-help divorce is only $185.00.
