The North Carolina based law firm of Leone Noble & Seate, LLP launches an Online Legal Forms and Advice Store using DirectLaw technology

The Raleigh, North Carolina based law firm of Leone Noble & Seate, LLP , whose practice is focused on personal injury, has launched an "On-Line Unbundled Legal Service" offering legal forms bundled with legal advice.

The firm made its decision to expand its services after repeated requests from existing clients for legal help outside of their main practice areas of personal injury, workers’ compensation and bankruptcy. Partner Beth Leone Noble says, “We felt the time was right to expand our business, but knew that we needed to do so with deference to our shaky economy. It was important for us to be able to offer affordable and convenient services to our clients because that is what they really need right now”. The firm based its pricing on a competitive review of other legal form services available online. “We are very competitive with other online form services,” says Leone Noble, “but with our services, you get an actual N.C. licensed attorney creating and reviewing your legal product”. Leone Noble also makes sure to point out that the forms only apply to residents of North Carolina.

Also available is flat rate legal advice by email. If you have a simple issue that you just need to get an attorney’s advice on, you can submit your issue through the secure server and an attorney will provide you with the advice and direction you need.

Beth Noble founded LN&S with Jennifer Slate in December, 2006, with the mission of helping defend people's rights. Ms. Noble says that she wanted to become a trial lawyer since she was 15 years old, when she started working for a personal injury firm doing filing and running errands.

 

The Kre8tive Law Group Launches First DirectLaw Virtual Law Firm in Canada

The Kre8tive Law Group, managed by Solicitor Andrea Riccio in Calgary, Alberta, has become Canada's first virtual law firm using DirectLaw's virtual law firm platform. The firm offers "unbundled legal services" to both individual and small business clients.

Clients can:

  • buy completed legal documents together with legal advice
  • pay for legal advice at a fixed price
  • communicate with a lawyer on a secure basis
  • upload documents received from other parties for our review
  • archive copies of their completed documents

Solicitor Riccio said that he thought that it was important to provide a virtual law firm presence for web savvy clients and clients who wanted to work with their law firm over the Internet.  Riccio said that "our fixed price approach is appealing to clients who want to be able to control their legal expenses."

Kre8tive Law Group was founded in 1994. Andrea was admitted to the Ontario Bar in 1990 and practiced for a Bay Street firm in Toronto, Canada, working primarily on commercial real estate transactions, eventually becoming a partner of the firm. He was called to the Alberta Bar in 1994 and gained extensive experience in a broad range of corporate and commercial matters through his association with a local Calgary firm. His belief that "better people make better lawyers" led him to found Riccio Law. He also provides pro bono legal services to numerous non-profit organizations including the Italian-Canadian community at a local, regional and national level. He previously served as a national director of the National Congress of Italian-Canadians Foundation and President of the Calgary Italian Club.

Ethics 20/20 Commission

The ABA Ethics 20/20 Commission had public hearings at the ABA mid-year meeting in Orlando. Florida this week-end. A focus of the Commission's work is the impact of Internet technology on the delivery of legal services, both globally and within the United States. The Commission has a 3 year period to undertake research, conduct hearings, and report its findings and recommendations.  Three years from now Internet technology will be further transformed, and by 2020 who knows what technologies will be available. By then, I am sure, legal business (negotiations, dispute settlement) could well be conducted by our avatars in virtual legal environments on an international and cross jurisdictional basis. Licensing of lawyers by states may prove to be increasingly anachronistic by 2020, although it is unlikely that state bars will go away without fight.

I was honored to be able to testify before the Commission and submit a written statement which can be found here. Stephanie Kimbro now a member of the ABA's eLawyering Task Force, also made a presentation on the virtual law office concept which I thought was very well received.  My impression was that the Commission members were very interested in our statements and explanations of how Internet technology enables the more effective delivery of legal services.

DirectLaw Launches Ferraris Law Group - Its' First Virtual Law Firm in Tennessee

DirectLaw is pleased to announce the opening of a new virtual law practice by Tim Ferraris in Knoxville, Tennessee.   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 Tennessee.

Tim founded Ferraris Law Group and its unique On-Line Office with the mission of providing convenient and cost-effective legal services to people throughout Tennessee. Tim is passionate about being his clients' trusted legal advisor throughout their lives.

A resident of Knoxville since 1984, Tim obtained a B.A. in Political Science from the University of Tennessee and graduated with high honors from the U.T. College of Law.

In addition to his law practice, Tim serves as Director of "Hit the Road, Leukemia," an annual event that raises funds to benefit blood cancer research efforts.

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.

ABA Teleconference on the Virtual Law Firm

The Law Practice Management Section of the American Bar Association is sponsoring a Teleconference on the The Virtual Law Firm: Benefits, Costs, and Ethical Pitfalls to Avoid, on Thursday, December 17, 2009 between 1:00 P.M. and 2:30 P.M.

The program is a Live Audio Webcast with PowerPoint support.

I am participating in the program, together with Stephanie Kimbro of KimbroLaw Services and Marc Lauritsen, President, Capstone Practice, and Co-Chair, eLawyering Task Force, ABA Law Practicement Section .You can register online.

 

DirectLaw Launches Montreuil & Associates- Its' Fourth Virtual Law Firm in Georgia

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.

For more information see website.

 

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

DirectLaw Launches SlatterLaw - Its' Third Virtual Law Firm in Georgia

 DirectLaw is pleased to announce the launching of SlatterLaw its third virtual law firm in the State of Georgia. SlatterLaw will provide online legal services to small businesses and individuals throughout Georgia.

Kerry Slatter founded the law firm with the goal of providing convenient and cost-effective legal services to small business owners and individuals across the state of Georgia. In addition to small business legal services, the Slatter Law Firm also provides counsel in various other areas, including estate planning, corporate law, and employment law.

From the web site:

 "Slatter Law provides the following core values for its clients:

  • Customer Service – Provide value and legal solutions to exceed client’s expectations.
  • Cost Efficiency – Provide cost efficiencies to enable clients to obtain more value from their legal budgets.
  • Responsiveness – Limit attorney workload and the number of clients. The motivation to build long term relationships with clients drives this goal.
  • Convenience – Utilize excellent customer services and technology to provide legal services in a convenient manner for the client (via secure online website client space, by email or by phone as needed).
  • Innovation – Promote innovation for all aspects of client legal services, including the use of cutting edge technology, resources, and fixed fee arrangements."

Mr. Slatter has an undergraduate degree from Morehouse College and a law degree from State University of New York at Buffalo School of Law and is licensed to practice in Georgia.

 

Pfau and Associates Opens Virtual Law Practice in Nevada

 

We are pleased to announce the launch of the law firm of Pfau and Associates that will provide online Estate Planning services to Nevada residents. This is the first DirectLaw law firm in the State of Nevada.

Pfau and Associates concentrates solely on the areas of estate planning and probate to ensure the highest quality of legal representation. The firm offers both online digital estate planning solutions and in-office services to provide for the client’s estate planning needs. Among the online offerings are simple living wills and trusts, durable powers of attorney, and advance healthcare directives.

Matt Pfau says that his philosophy is, “We make sure that we are always available to our clients for any type of support that they need. Since the choices that you will make are deeply personal, we will provide you with individualized, one-on-one attention"

Matthew Pfau has an undergraduate degree from the University of Nevada, Las Vegas and his law degree from Wittier Law School. Matthew is admitted to practice before all courts in the State of California and Nevada.  He is also admitted to practice before the United States Court of Appeals for the Ninth Circuit.  For more information visit his website.

 

James Keane Award in Excellence in eLawyering

The Law Practice Management Section of the American Bar Association awards the James I Keane Memorial Award in Excellence in eLawyering, annually at the ABA TechShow in Chicago. Nominations are now open for the Award to be in March, 2010. Candidates can self-nominate. The Award Requirements can be found here. The nomination form can be found on-line here.

Here is a brief summary of the Award criteria:

  • The project or law firm must demonstrate the use of the Internet to deliver legal services.
  • It must be unique. It should be an on-line legal service that has never been done before, or not quite this way before.
  • Absence of precedent - Never been done or done quite this way before.
  • There should be some measurable outcome that would indicate that the innovation is accomplishing what it was intended to do.
  • Action must have taken place no more than three years prior to this entry, and the legal service must be operating for at least one year prior to submission of the Application.
  • Additional consideration will be given to projects that focus on the delivery of legal services to individuals of moderate means.
  • The nomination should describe how the service was developed, how it is managed, and how it has been evaluated.
  • The nomination should describe how the service can be replicated by other law firms in terms of development costs, required technology, people requirements, and ongoing maintenance costs.

 

A Report from Darryl Mountain, Guest Blogger, on the Pacific Legal Technology Conference


On Friday, October 2nd, I presented at Vancouver’s Pacific Legal Technology Conference on the topic of Virtual Law Practice with Simon Chester of Heenan Blaikie and Nicole Garton-Jones of Heritage Law.

 

We discussed the two heads of the definition of virtual law practice:  practising law over the Internet through a secure online portal and practising law under one brand through satellite offices (which are often home offices).

 

Nicole is an early adopter who described her experience in managing Heritage Law, a paperless office where most staff work from home.  Some staff are located in places such as Victoria and the Sunshine Coast that are remote from Heritage Law’s central office in West Vancouver.  Heritage Law soon will be implementing DirectLaw through a separate business model called Heritage Law Online, subject to regulatory approval.

 

I analyzed Web-enabled virtual law practice using the Eliminate-Reduce-Raise-Create grid, which sets out a framework for contrasting innovative value propositions with conventional value propositions.  It comes from a book called Blue Ocean Strategy.  Among other things, Web-enabled virtual law practice eliminates the visit to the lawyer’s office, reduces cost and waste, raises a lawyer’s reach beyond his or her immediate geographical area, and creates a packaged solution.  I also discussed Chrissy Burns’ PhD thesis, entitled “Online Legal Services—A Revolution that Failed?.”  It is found at http://tinyurl.com/kvtden.

 

Simon discussed the regulatory issues involved in setting up a virtual law practice in Canada.   Canadian regulators have not addressed virtual law practice specifically but there are issues with regard to limited scope representation, preservation of data, and the client identification and verification rules.

 

Our PowerPoint slides from the presentation are located here:

 

http://www.pacificlegaltech.com/download/SSF2.pdf

 Reported by Darryl Mountain, President, Ontago, Inc.

Virtual Law Office Technology, LLC (VLOTech) has been acquired by TotalAttorneys

Virtual Law Office Technology, LLC, (VLOTech) based in North Carolina has been acquired by TotalAttorneys, a well-regarded law firm marketing and management services organization based in Chicago. VLOTech should do well and flourish under TotalAttorneys management umbrella, and with TotalAttorneys' financial backing, VLOTech will continue to be a major player in the emerging market for web technology that enables law firms to deliver legal services virtually. Stephanie Kimbro, the co-founder of VLOTech,  was the winner last year (2009) of the James Keane Award in Excellence in eLawyering, awarded by the Law Practice Management Section of the American Bar Association, for her work in designing and operating her virtual law firm in North Carolina, (which was the prototype for the VLOTech technology).

As many of our readers know, we have been a friendly competitor of VLOTech , through my company, DirectLawa client-centered hosted web service for solos and small law firms , in the sense that the more vendors that are in this space, the less time it will take for these ideas to move beyond early adopters to capture the interest of the mainstream of the profession. My view is that the more competitors in this market space the better, as each will come up with their own unique innovation to respond to the differing needs that law firm's have as they migrate their practices to the web. Our experience is that it always takes longer than we can predict for these innovative ideas to catch the interest of the bulk of practicing lawyers.  Congratulations to Stephanie and her team and good luck with their new partner. Click here for more details.

ABA Journal Announces First Group of Legal Rebel Profiles

The American Bar Association Journal has started a new Legal Rebels project to get lawyers thinking about how to change the legal profession. The Journal recognizes that the legal profession is undergoing structural change accelerated by the current recession, and that as the economy emerges from this recession, the landscape of the legal profession will be very different from the one that we have now know. 

Searching for new ways of practicing law, the Journal will profile 50 or so lawyers who are demonstrating new ways of serving clients by expanding their markets, delivering legal services in a different ways, or creating new styles of legal practice. The plan is to tell the stories of these lawyers through a variety of social media channels using text, pictures, audio and video.

A colleague of mine,  Jeffrey Hughes, was named today in the first group of profiles for his innovative and ground-breaking work in combining a law practice within the context of a coffee house under the Legal Grind brand, serving "legal counsel" and good coffee in a community setting. Legal Grind is an excellent example of delivering "unbundled" or "limited legal services" at prices that people can afford.

By the way, I was honored to also be included in this first group of profiles.

 

The Good Enough Revolution

The month's WIRED Magazine, (September 2009) has an interesting article on how the Internet is enabling "Good Enough" solutions, (when cheap and simple is just fine). I have maintained for a long time that often there is a certain amount of overkill when lawyers tackle a problem, when consumers really want a quick and reasonably priced result. Consumers will often sacrifice securing every "right" they have in order to save thousands of dollars in legal fees. I see this in the divorce area in my online practice all of the time. Often the divorcing parties want to get on with their life at the lowest possible cost. Rather than spend $15,000 in legal fees pursuing every right that the parties think they have, often the best solution is to use the funds that would have been spent on legal fees to invest in their individual futures. The present recession is accelerating these trend.

Lawyers are taught to represent a client "zealously". In fact they are required by the ethical codes of professional conduct to do so -- but at what price. Pursuing every legal angle results in prohibitive legal fees that the average consumer or small business can't afford. There must be a better way to practice law without breaking the bank.

New DirectLaw Virtual Law Firm Features Released

It has been a very busy summer at DirectLaw. We are constantly adding features to our DirectLaw Virtual Law Firm Platform. Sometimes new features are suggested by our growing network of DirectLaw law firms; often one of our staff gets a good idea and we push it out to the Platform to see what kind of response we get from consumers and our client law firms. The nature of a SaaS (Software as a Service) offering, like DirectLaw, is that we can can modify and enhance the platform at any time and all law firms in the network benefit immediately. Our clients don't  have to wait until "the next quarterly software release."

Here are some of the recently features that have been added to the DirectLaw Virtual Law Firm Platform:

June 17, 2009 - New virtual law firm platform for consumer bankruptcy attorneys released. Click here for more information.

July 13, 2009 DirectLaw Workspace™. brings the benefits of web-enabled document automation for clients who are not online by enabling law firms to use our web-enabled document automation system for regular office-based clients.  

July 29, 2009 - A new "collaboration" function that enables law firms to communicate and collaborate securely with their clients over the Internet. Click here for screenshot.

August 5, 2009 - We installed a new "billing" function that enables law firms to bill clients online for traditional legal services and supports online bill payment by clients through their MyLegalAffairs page. Click here for screenshot.

August 20, 2009 - Today we released a new user friendly design for the Legal Services Page ,  which is now available to all law firms in the DirectLaw network of law firms. Each legal service offered by the law firm now appears on a separate tab, with detailed explanations of the scope of the legal service. Legal services offered by the law firm can be added or deleted and the fees charged increased or decreased at any time by the individual law firm using the Attorney Dashboard - the Administrative area that the law firm uses to manage their virtual law firm platform.

New DirectLaw Firm In Texas focusing on OnLine Wills

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. 

 

eLawyering Task Force Meeting

We had an eLawyering Task Force meeting at the ABA/Law Practice Management meeting in New Orleans this weekend. We decided to start publishing "best practices" for delivering legal services on-line to the eLawyering web site, and these "best practices" would be available for comment by others. Another project is to develop one or more tele-seminars on eLawyering in cooperation with LPM's Educational Board. A third project, under development is to work with ABA's public relations team to develop a Public Service Announcement that would inform consumers of the risks in using non-lawyer alternatives on the Internet as compared with an on-line or virtual lawyer which offers advantages that a non-lawyer cannot, such as legal advice.

Kimbrolaw wins James Keane Award in Excellence in eLawyering

Stephanie Kimbro, a solo practitioner who operates Kimbrolaw.com, a virtual law firm in North Carolina, has been selected as this year's winner of the James Keane Memorial Award for Excellence in eLawyering. This award is given annually by the eLawyering Task Force of the Law Practice Management Section of the American Bar Association, a group which was founded by Jim Keane an active and long-standing member of the ABA/LPM section who died tragically from lung cancer several years ago. I am the present Co-Chair with Marc Lauritsen.

Ms. Kimbro's law firm is a completely virtual law firm that serves individuals and small business over the Web. Our group concluded that Kimbrolaw.com  met the criteria for the Award perfectly as it demonstrates an innovative online model for delivering services to the broad middle class. Clients access their own individual web space where they can consult with their attorney, have their documents reviewed, and conduct other legal tasks -- all online.

The Award will be formally given to Ms. Kimbro at the American Bar Association's TECHSHOW on April 2, 2009, immediately before the key note speech by Richard Susskind, who will discuss his new book: The End of Lawyers: The Rethinking the Nature of Legal Services.

Of Legal Technology Trade Shows: LEGALTECH, NY, 2009

Last week we participated as an Exhibitor at LEGALTECH, New York. This is the largest legal technology show in the world, attracting over 13,000 visitors. The seminar program is excellent and if you want to keep in touch with emerging legal trends in Big Law, this is the place to be.

What is notable about  LEGALTECH , from our point view is how focused it is on ediscovery, litigation support, and the legal technology challenges facing large law firms and corporate legal departments. Our offering - the DirectLaw web service is specifically designed for the needs of solos and small law firms.  Out of the hundreds of technology vendors a very small percentage were targeted to the needs of solos and small law firms. And the number of visitors to the exhibits from solos and small law firms were a relatively small percentage when compared to the number of visitors from larger law firms, corporate legal departments, and technology consultants serving larger organizations.

From passing through the exhibit hall (at the New York Hilton), one would think that the world of legal technology consists of primarily ediscovery vendors. There were so many ediscovery and litigation support vendors that I began to wonder whether the market was either so enormous, or that half these vendors were going broke as they all seemed to be chasing the same business and the same large corporate clients.

To be fair to Incisive Media, the promoter of LEGALTECH, they disclosed that attendees from solos and small law firms would be a smaller percentage would compared to representatives from other sectors of the legal technology community. We didn't realize how small this percentage would be.

We did pick up enough new clients for DirectLaw to cover our direct expenses, but the time cost of our team doesn't justify the investment . So we won't be back next year and we don't recommend LEGALTECH to legal technology vendors if you are trying to reach solos and small law firms.

We are also exhibiting at ABA TECHSHOW in Chicago in April and we think this is a much better venue for reaching solos and small law firms. The seminar program is much more diverse and there are many sessions that would appeal to the smaller law firm. If you plan on attending ABA TECHSHOW in April, stop in see us at Booth #210.

 

eLawyering Task Force Conference Call

For those of you who are members of the eLawyering Task Force of the Law Practice Management Section of the ABA, this is reminder that there is a Task Force Conference call on January 9, 2009 at 10:00 A.M.

Our agenda includes a discussion on standards and best practices for elawyering and delivering legal services online.

Members of the American Bar Association, who wish to become members of the Task Force should contact Marc Lauritsen, Co-Chair of the Task Force at marc@capstonepractice.com directly. In order to be eligible for membership you also have to be a member of the Law Practice Management Section of the ABA. 

 

LegalZoom.com Sued Over Trademark Filing Fees

Apparently LegalZoom has been advertising to its customers that the trademark filing fee is $325.00, when it was actually $275.00,  an obvious misrepresentation. Apparently they have been doing this since 2005. This has resulted in a consumer class action suit to recover the $50.00 overcharge on behalf of all customers who have paid the higher fee. Here is a good summary of the details of the case.  LegalZoom has since changed its web site to characterize the additional $50.00 fee as an administrative fee. If a law firm made this kind of misrepresentation on its web site it would receive a sanction from the bar for misrepresentation. This is another example of the lack of regulatory control over non-lawyer providers of legal services and the absence of any accountability other than the response of the market -- which is in inefficient as consumers  rarely have sufficient knowledge to understand the nature of a misrepresentation.  LegalZoom's claim that a consumer can save thousands of dollars by using its service, rather than lawyer, assumes that somehow the services of LegalZoom and an attorney are identical. Nothing could be further from the truth. Caveat Emptor!!!

UPL Issue in On-Line Document Assembly

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.

 

 

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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Louisiana Virtual Law Firm

 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.

virtual law firms vs. elawyering

There has been some recent press about the concept of the virtual law firm.  Craig Johnson has started a web-based law firm called Virtual Law Partners, P.C. The idea is to eliminate the overhead of a physical office or offices and to increase client collaboration over the Internet. I think this is a positive trend and indicates that lawyers are beginning to think about new ways of delivering legal services over the Internet. We would not call this firm, however, an instance of eLawyering, in the absence of digital applications that substitute for the labor of a lawyer -- such as web-enabled document automation. While these pioneering virtual law firms, may be saving the cost of a brick and mortar infrastructure resulting in lower fees to clients, their attorneys still work the same old way which is to bill for their time. Web-enabled digital applications on the other hand substitute for the time of an attorney and are truly disruptive as this time saving feature can result in more radical cost savings and translate into dramatically lower legal fees. We can envision that emerging virtual law firms will incorporate digital applications into their business models creating fixed price service packages for less complex legal services. At that time, these firms will morph into true providers of elawyering services.

ABA eLawyering Task Force Meets in Santa, Fe, NM

The eLawyering Task Force of the Law Practice Management Section of the American Bar Association has its quarterly meeting in Santa Fe, New Mexico. The group discussed projects that are underway including: developing guidelines for malpractice carriers, adding content to the eLawyering part of the LPM/ABA web site; the development of a webinar on eLawyering concepts that would be delivered as a CLE program through the ABA, and the development of a model curriculum unit that could be used in Law Schools on delivering legal services on-line, as part of a law practice management course.

A submission date of December 1, 2008 was set for acceptance of applications from law firms for the James Keane Memorial Award for Excellence in eLawyering, for next year's award. The Award is given annually at the ABA LEGALTECHSHOW  in Chicago, which this year is scheduled for April, 2009. Last year's award was won by the law firm of Cowell Taradash, P.C. for their website at IllinoisDivorce.com

The next meeting of Task Force is on October 16-18, 2008  during LPM Section Fall Meeting at
The Westin La Paloma Resort & Spa - Tucson, Arizona. Lawyers interested in virtual lawyering are welcome to attend. The meeting is an open meeting, and the Task Force is recruiting new volunteers who want to work on these issues.