Applications for the James Keane Award for Excellence in eLawyering Are Still Open.

The eLawyering Task Force of the Law Practice Management Section of the ABA is seeking recommendations and applications for the James Keane Award for Excellence in eLawyering which is awarded annually at ABA Tech Show in Chicago ( April 11-13, 2011). This will be the fourth year that the Award has been made. Previous award winners include Stephanie Kimbro for her work in creating the virtual law firm of KimbroLaw and Lee Rosen of the The Rosen Law Firm (both coincidentally located in North Carolina).

The purpose of this Award is to give recognition to law offices that have developed legal service innovations that are delivered over the Internet. The focus of the Award is on the innovative delivery of personal legal services, with special attention given to firms and entities that serve both moderate income individuals and the broad middle class. 

The Award is technology-focused, in the sense that the Award Committee is seeking innovations that demonstrate the concept of eLawyering - which can be  further defined as the delivery of online legal services. Examples of elawyering include the development of online web advisors, expert systems, innovative uses of web-enabled document automation, on-line client collaboration systems, and on-line dispute settlement systems, to name a few examples.

Nominees may be any individual lawyer, law firm or other deliverer of legal services to individuals within the United States.

The nominee can be a large or small law firm, public or private, or a legal services agency. More than one entry may be submitted, and the Task Force encourages self-nomination. The Application deadline has been extended to March 15, 2011.

For further information and an application form see: http://tinyurl.com/48xvcfq

 

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.

 

Debate on Virtual Lawyering on Twitter - May 7, 2:00 P.M.

This Friday there will be a debate on twitter about virtual law practice between Stephanie Kimbro (@StephKimbro and Brian Tannebaum (@BTannebaum) You can follow the debate at:
 @22Twts and with the Twitter hashtag #22TwDb.

Brian has already launched an opening salvo in response to a blog post that Stephanie wrote just yesterday.  Unfortunately the ABA Journal, which is co-sponsoring the debate, has framed the issue of whether lawyers can dispense with physical office space.

The issue should have been framed in terms of whether on-line legal services delivered through a secure client portal are a valuable adjunct to an existing law practice, and whether a law firm operating purely virtually, with out a physical office can be a viable mode of law practice. It is hard to discuss this complex topic in 140 character sound bites but I am going to try:

Virtual lawyering is about delivering legal services on-line, not about doing away with a physical office, although that is an option.

Virtual lawyering is about relating to clients through a secure client portal where the client signs on with a user name and password.

Within a secure client portal clients can communicate with their lawyer securely, provide data to assemble legal documents, pay bills, etc.

The utility of the client portal concept depends on the type of law practice. I would not recommend it for a criminal defense practice.

Some kinds of law practices require rich face-to-face interactions. Other kinds of practices, can get by with more digital transactions.

One size doesn't fit all, but a physical office is not necessary for some kinds of law practices.

Millions of middle class Americans have turned away from using lawyers to solve their legal problems.

50% of middle income households in the US have at least one legal problem per year . Only 20% seek the assistance of an attorney.

A younger generation with the Internet in their DNA will prefer to deal with their attorneys online.

They prefer to go on-line and use non-lawyer providers like LegalZoom, USLEGALUSLEGAL and Nolo and other non-lawyer web sites.

These non-lawyer solutions are inadequate but seem to be good enough, for the average consumer.

Unless solos and small law firms wake-up they will continue to lose market share to these non-law firms providers.

Fact: A recent study showed that over half (56%) of consumers expect good law firms to offer legal services online.

The same study revealed that  (47%) of consumers would be more likely to choose a law firm that offered the convenience of online access.

The legal profession is changing. Change is caused by the Internet as a new platform for the delivery of legal services.

@BTannebaum is completely wrong. He doesn't let facts get in the way of his opinions.

@BTannebaum doesn't understand the risks that he is taking by using email to send documents to his clients in his criminal law practice.

The virtual law office issue is not about not having a physical office. It is about providing legal services on-line.

No virtual lawyer that I know has argued that client files should be kept on an IPad while sitting in Starbucks.

There is more danger in keeping records in paper format in the office, than there is storing them in a Tier IV facility in encrypted format.

Does @BTannebaum even know what a Tier IV facility is?  Has he bothered to find out?

@BTannebaum thinks lawyers looking for a better way are whining, when in fact they are looking for a better way to serve clients.

Almost every other industry provides a on-line  client portal for their customers -- except the legal profession.

Virtual lawyering is not for the convenience of the lawyer. It is an approach which is aims to offer legal services at an affordable price.

It is an approach the offers more convenience and a more transparent lawyer-client relationship.

A face-to-face meeting with a client is often optimal, but it is expensive, and clients are looking for cheaper alternatives.

In a criminal defense practice, price is usually no object.

If you are going to lose your license to practice law, price is usually no object.

@BTannebaum is biased because his vision is limited to his kind of law practice. He has blinders on.

@BTannebaum can keep arguing for traditional methods of law practice, while consumers turn away from the legal profession.

Brian Tannebaum (@BTannebaum) stop whining. Wake-up. Its the 21st century.

Stephanie Kimbro (@StephKimbro is a pioneer and a legal rebel breaking new ground in developing new methods of delivering legal services.

 

 

 

 


 

On-Line Course in "Unbundled Legal Services"

 I am offering an on-line course on "unbundling legal services" with a particular focus on how to offer limited legal services over the Internet.  "Limited legal services" is another name for "unbundled legal services."The course begins the week of June 1, 2009 and there will be 7 sessions over a 12 week period. By the end of the course participants will have developed a design for an "unbundled legal service" that can be integrated with their traditional law practice. Topics include: how to "unbundle" legal services by task or by issue; how to create and price an on-line service; marketing of on-line "unbundled legal services"; and ethical and regulatory requirements for offering "unbundled legal services."

For a detailed syllabus go to: Solo Practice University