In a widely distributed press release to announce his coaching service in virtual lawyering, Attorney and co-founder of vLawyer Consulting, William McNeil makes this statement:

vLawyer defines a virtual law practice as a blending of a traditional brick-and-mortar law firm and legal services delivered entirely through the Internet and a secure client portal. The American Bar Association has responded by launching an e-lawyering task force, but to this point has only provided guidance for lawyers looking to open virtual law offices where clients never meet with the lawyer in person. This works for certain practice areas, but family law and criminal defense attorneys are left out of this definition. A virtual law practice, as defined by vLawyer, can apply to many different practice areas and gives attorneys the power to design their own lifestyle, while providing top-notch client service. 

This statement is "made-up" stuff.

The eLawyering Task Force of the Law Practice Division of the American Bar Association was not "just launched."  It was established in 2000 by William Paul, then President of the ABA. Nowhere in the statements that the eLawyering Task Force has published has been the representation that virtual lawyering should be limited to law firms that solely deliver legal services without seeing a client.   We have clarified in multiple statements and presentations that the idea of online delivery of legal services should be combined with an off-line face-to-face presence and each delivery mode should support and reinforce the other.

While it is possible to create a virtual law firm pure play where there is no face-to-face presence, it is difficult to make a success of a purely virtual law firm practice.  We expand on this idea in a White Paper, published by DirectLaw, the sponsor of this blog entitled: Virtual Law Practice:  Success Factors.   After working with over 300 law firms that use the DirectLaw virtual law firm platform, we have a good idea of what works and what doesn’t work. Download the White Paper here.

The eLawyering Task Force  minimum requirements for law firms delivering legal services online (October, 2009), provides a framework for further discussion and to define the essential requirements for enabling the delivery of ethically compliant online legal services.  The guidance was not designed to provide recommendations on how every type of law practice should execute on this concept.  

A more expansive discussion of these requirements is contained in an article which just appeared in Legalink Magazine, by Stephanie Kimbro and myself. Ms. Kimbro also served on the Task Force and wrote the book on Virtual Law Practice.  We conclude the article with this thought: 

The idea of A "Virtual Law Practice" will not be only something that early adopters utilize in their law practice – it will become an essential component of every law firm practice."

We welcome Attorney McNeil’s recent entrance into this field as solos and small law firms need all of the coaching and support they can get to adopt their practices to the requirements of 21st century practice.  The eLawyering Task Force is an open group that welcomes discussion of these concepts and their implications. Our next meeting will be during the American Bar Association Annual Meeting in Boston in August, 2014.  To learn more about what we are really doing  come join us. (McNeil that message is for you!).

 

 *Disclosure: Richard Granat is Co-Chair of the eLawyering Task Force, Law Practice Division, American Bar Association.

 

CodeX FutureLaw 2014

CodexXFuture Law 2014
 

Guest Post from Will Hornsby with appreciation:

The recent CodeX FutureLaw 2014 Conference brought together all of the usual suspects in the tech law world, seemingly asking the same questions – Why aren’t reforms being adopted that would make our business models unfettered and why isn’t the ABA leading that charge? I had hoped to address those questions more effectively within the ethics panel discussion, but have a sense the Q&A format of that panel was a not a good vehicle to clearly make these points. Hopefully, this post will do a better job of that. 

Two fundamental regulatory obstacles limit online legal service models – the unauthorized practice of law and the ability to capitalize legal services. What we all need to realize clearly and at the beginning of this conversation is that the practice of law and the rules and laws that pertain to these issues are regulated in the US at the state level. This is the difference between the US and the UK and Australia. 

As Prof. Rhode noted, some states basically conclude that the practice of law is what a lawyer does, and therefore anyone doing what a lawyer does is committing the unauthorized practice of law when it is done by someone who is not a lawyer. Many states define the practice of law to include the selection of forms, which is an integral part of some online models. Regardless of the breath of the state definitions, they generally preclude the delivery of legal services by corporate entities that are not law firms. 

So, if you have a model that is delivering legal services, the question is how do you do so in a way that is not the unauthorized practice of law. There seems to be two paths. First, you can proceed on a state-by-state basis. That path can further be divided into court challenges and legislative changes. So, for example, LegalZoom recently prevailed through the courts in South Carolina. Decades ago, the owner of Quicken Family Law lost in the Texas courts and lobbied the state legislature, successfully, to redefine the practice of law in a way that carved out its model. The second path is through federal courts, in anticipation that the issue may come before the US Supreme Court and result in a decision that accommodates your model as the law of the land. 

Why hasn’t the ABA solved this problem? Prof. Rhode indicated the ABA “punted” on the issue when it gave thought to the creation of a model definition of the practice of law many years ago. (Call me a cynic, but I suspect she would have been critical of the definition advanced by the ABA had it come up with one.) What the ABA may have learned from that endeavor was that the states were not interested in a model rule. They, instead, embraced the definitions they have in place and showed no interest in a uniform definition, let alone a more liberal one. Simply put, no one can lead when others are not willing to follow.    

The second issue is related to UPL, but, I think, broader. It involves the capitalization of legal services. Why is it that those who are not lawyers cannot have an ownership interest in law firms? This, of course, is the key issue both for attracting start-up funding and creating an exit strategy where the corporate owner can profit from creating a legal service model. Unlike UPL, the ABA has taken a stance on this- seemingly since the beginning of time. Simply put, when a lawyer is put in the position to either serve the interests of a client or serve the financial interests of the shareholders of a corporate entity that owns the law firm, the ABA believes fidelity to the client should not be compromised. This is perceived as a core value of the legal profession and one that sets it apart from businesses. 

Even though the ABA is not likely to change its position in the foreseeable future, we should again keep in mind that the ABA has no direct force and effect on this issue. Again, the matter is controlled exclusively by the states. Nothing stands in the way of those interested in pursuing capitalization of law firms from doing so in each state, or alternatively pursuing the matter in federal court. 

But, be careful of what you wish for. What happens when the practice of law becomes unregulated and anyone can provide legal services? It is not likely a niche online legal service provider fills that space. Instead, the insurance industry become the resource for estate planning documents, no doubt giving discounts to customers with advance directives that prohibit resuscitation. Financial institutions provide incorporation services for their customers as they now provide trusts. Realtors assume the function of land conveyances. All this low-hanging fruit that had been a profit center for lawyers and is transitioning to online legal service providers is likely to be assumed by industries that will have collateral economic advantages. They will do it cheaper and on a larger scale than any of today’s online providers. As we confront the ethics battleground, it needs to be done strategically, with great precision, down a path that avoids the minefields. 

This is obviously a very superficial analysis, but one that I hope generates further discussion and interest in the ethics aspect of Future Law. 

Legal Project ManagementHere comes Lean for Lawyers! Legal project management in large law firms is becoming a mandatory discipline, rather than a way to differentiate one firm from another. Larger law firms are now marketing their skills in legal project management – the ability to complete a legal assignment on time and within a budget The Law Practice Division of the ABA recently published a book titled: "Legal Project Management for Lawyers in One Hour. " One large law firm, SeyfarthShaw has created an affiliated unit, SeyfarthLean , to apply legal project management technologies plus other lean technologies such as Lean Six Sigma, process management techniques, knowledge management technologies to reduce the price of legal services from 15% to 50%.

Smaller law firms can use off the shelf products like Basecamp, inexpensive and easy to use,  to incorporate legal project management technology into their practices. But these off the shelf products have to be adapted to the law practice environment.

At this last week’s ABA TECHSHOW,  there was one excellent presentation on visual work flow applications by Aaron Brooks  . There were also new developments by vendors on the exhibit floor where project management tools that solos and small law firms can use that embedded into other applications:

mycase,com, a web-based  practice management application has a feature that enables a solo or small law firm practitioner to create task templates and work flows.

LawPal has re-launched its web site as a Trello/Basecamp for lawyers to manage transactions online and securely with their clients. It includes project management, document review, markup, storage and signing as part of version 1. They will be adding guided workflow in the next version to allow firms to further automate their transactions. (Disclosure: Author is an advisor to LawPal).

RocketLawyer has now fully integrated the LawPivot Q&A platform into Rocketlawyer and announced at ABA TECH SHOW a new management tool for its on call network of lawyers which has a Lawyer Dash Board that organizes and manages work flow around the provision of legal advice.

RocketMatter, not to be confused with RocketLawyer, has a feature that enables task tracking. You can drag-and -drop tasks to prioritize them and tag them to assemble a "Gettings Things Done" checklist.

I predict that we will see more legal project management tools built into law practice management applications designed for solos and small law firms. If your company is building legal project management tools for lawyers we would like to know about it. Just let us know in the comment section.

I also think that there will be demand for full-time project managers within larger law firms, or lawyers who have project management skills. To this end, we are a launching this summer an on-line course in Legal Project Management through the Center for Law Practice Technology, Florida Coastal School of Law that initially will be open only to law students. The course is being taught by Mark Lassiter, a consultant to law firms on how to implement project management technologies within a law firm. 

Lean Lawyering is the next big thing.

American Bar AssociationThe American Bar Association has issued its draft Report and Recommendations on the Future of Legal Education. You can download it here.

I agree with many of the recommendations of the report which urges law schools to experiment with different modes of legal education, recommends relaxing ABA accreditation rules which impede innovation, and modifies the traditional law curriculum to focus less on the teaching of doctrinal law and more on skills the prepare law students to actually practice law. Many of the recommendations,if adopted, would radically change the structure, focus, and culture of many law schools.

One of the recommendations of the Task Force is the idea of limited licensing of non-lawyers ("legal technicians") to deliver legal services to the public directly without the supervision of a lawyer:

"However, there is today, and there will increasingly be in the future, a need for: (a)persons who are qualified to provide limited law-related services without the oversight of a lawyer; (b) a system for licensing of individuals competent to provide such services; and (c) educational programs that train individuals to provide those limited services. The new system of training and licensing limited practice officers developed by Washington State and now being pursued by others is an example and a positive contribution."

Thus one of the final recommendations of the Task Force Report is:

"Authorize Persons Other than Lawyers with J.D.’s to Provide Limited Legal Services, Whether Through Licensure Systems or Other Mechanisms Assuring Proper Education, Training, and Oversight."

and:

"Develop Educational Programs to Train Persons, other than Prospective Lawyers, to Provide Limited Legal Services. Such Programs May, but Need Not, Be Delivered through Law Schools that are Parts of Universities."

Unlike the other recommendations which deal with fixing legal education, these recommendations are focused on access to justice issues, which requires a different framework for analysis. 

The recommendation to create a new class of limited licensed legal providers, so-called "Legal Technicians" –  needs to be re-evaluated in the light of changing legal industry market dynamics and the accelerating impact of Internet technology on the delivery of legal services.

Just to note, for decades I have been a strong advocate for the idea that trained paralegals should be permitted to serve the public directly, without further licensing or regulation by any state body, other than graduation from an ABA-accredited law school and a few years of experience working in a law firm.  I was formerly President and Dean of the Philadelphia Institute for Paralegal Training, the nation’s first paralegal educational institution, and in that role saw how effective a trained paralegal can be in serving a law firm’s clients.

More recently. the company I founded – DirectLaw – offers a virtual law firm platform for solos and small law firms. If there were a new class of limited license professionals in the market, I would not hesitate to modify our DirectLaw platform to serve limited licensed professionals, opening up a major new market for our virtual service. So personally I have much to gain by a new class of limited license professionals that would serve the public directly.

Only recently have I begun to reconsider the viability of a new class of legal paraprofessionals serving the public directly primarily because of  changes in the market for personal legal services.

I have  reservations about the proposal to license non-lawyers to provide limited legal services. My reservations are in the form of a challenge to the Task Force recommendations on limited-licensing, in the sense that the idea needs further thought and analysis before states rush to adopt these ideas. (despite the fact that Washington State already has a scheme in place, and  California and New York are considering similar proposals). 

Here are my reservations – comments welcome:

  • The data that we have (see for example www.attorneyfee.com) suggests that the pricing of legal services by solo practitioners and very small law firm firms is going down — not up. It is not a fact that the legal fees are out of reach of many consumers. There is an issue of connecting with consumers with lawyers– but it is becoming less of a price issue and more of an "engagement" issue. There is no evidence to suggest that the fees that limited licensed practitioner would charge would be any less than the fees currently charged by solo practitioners, but their service, by definition, would be much more limited than the service offered by an attorney.
     
  • Solo practitioners are already being displaced by technology which is forcing a reduction in legal fees. Limited license practitioners would be even more vulnerable to the impact of information technology on the more routine services that they would offer.
     
  • The restrictive licensing scheme for lawyers, which is based on a "job-shop" model is likely to be replicated in the licensing scheme for "legal technicians." Licensing of legal service professionals based on the "job shop" model creates a high overhead enterprise that is vulnerable to new entrants into the market, e.g., LegalZoom, that are not subject to such restrictions.  Lawyers already suffer from a competitive disadvantage against new market entrants. Legal technicians will face the same competitive disadvantages. I can’t see how the practices of legal technicians, with certain exceptions, will be viable economically. (I have yet to see a business plan of what such a limited license practice would look like that would include the cost of malpractice insurance, office expenses, advertising and marketing expenses, etc.).
     
  • Introduction of a new class of limited licensed professionals will continue to erode the economic model of solo and small law firm practice by sucking out from those practices the more routine legal services which are important to sustaining the economic viability of those law firms. It is naive to suggest that solo practitioners should concentrate on doing "more complex legal work" leaving the routine legal work to "limited license professionals.". If the ABA wants to deliver a death blow to solo practitioners this is a good way to do it. (See: Will California Threaten Lawyer Livelihoods with Legal Technicians?)
     

Creating a new re
gulatory scheme and educational system for limited licensed professionals is going to be high in cost. It is not likely that law schools and universities will be able to offer education a price point which is much lower than there existing price levels. The result will be that we will have a new class of students being trained in law that who will incur high student loans where the income generated from their practice will be insufficient to amortize the principal and interest, because of limited market prospects and price compression in the legal industry.

  • Many of these new students who aspire to limited licensed professionals professionals are likely to be members of minority groups. Since there will be no hard data on the income prospects for this new class of professionals — just the idea that that once graduate they will be able to compete with lawyers in a limited way – seducing students into a new field where there is no effective demand.
     
  • I can just hear the pitch of commission-based admission’s representatives at a variety of educational institutions who will jump in this market: "Become a licensed legal professional and you can provide legal services like a lawyer."

One result will be the imposition on a group of students excessive loan burdens which will be impossible for them to discharge. (This reminds me of the banking industry preying on minority neighborhoods with fraudulent loans). I would feel more comfortable with an of educational program to train legal technicians if the tuition was very low or free. Since there is no evidence that there is a viable career upon graduation, the risk should be assumed by society, and not the individual student. So if law schools and universities want to jump in this educational market the least they can do it make it tuition free or very low in cost for the first three years, until it is clear that there is a real career after graduation.

I could write more abut this subject, but this post is already long enough. 

 

Center for Law Practice TechnologyThere has been much discussion lately on whether law schools are training lawyers for 21st century law practice. At the ABA Annual Meeting this week in San Francisco a Presidential Task Force on the Future of Legal Education is scheduled to report out its recommendations.. In my last blog post, I identified 13 law schools that were making a commitment to training law students in legal technology and law practice management. At one point in my career,  I taught these subjects at several law schools under the guidance of Gary Munneke., — whose untimely death last November has created a vacuum that will be hard to replace.

My own bias is that in this digital age, to be a competent lawyer requires an understanding of legal practice technology. The ABA supports this view as at last year’s mid-year meeting the ABA House of Delegates  acting on the recommendations of the ABA 20/20 Commission, voted to amend the Model Rules of Professional Conduct to make clear that lawyers have a duty to be competent in technology. Specifically, the ABA voted to amend the comment to Model Rule 1.1, governing lawyer competence, to say that, in addition to keeping abreast of changes in the law and its practice, a lawyer should keep abreast of “the benefits and risks associated with relevant technology.”

Center for Law Practice TchnologyI have been looking for an opportunity to getting back into teaching law practice technology and now have the opportunity with Stephanie Kimbro to create a new Center for Law Practice Technology with the backing of Florida Coastal School of Law in Jacksonville, Florida.

Stephanie and I will become Co-Directors of this new Center. and the plan is to develop a series of online courses for law students nationwide  that will lead to a Certificate of Law Practice Technology and Management. The first courses will be offered in January, 2014.

The Center will also be a laboratory for developing and testing new forms of online legal services.  Students will have the opportunity to experience virtual law firm technologies and other emerging technology tools such as legal expert systems, document automation technology, and legal applications that are designed to increase access to the legal system. You can read more about this new Center here.

The eLawyering Task Force of the Law Practice Management Section of the ABA was created in 2000 by then President of the ABA, William Paul. At that initial meeting Gary Munneke, a founding member of the Task Force and the leading law school educator and author on the subject of law practice management and then Chair of the Law Practice Management Section of the ABA (now deceased),  recommended that law schools update their law practice management courses to reflect the impact that the Internet would have on the practice of law.

13 years later there are few law schools that have made a sustained commitment to teaching what the Task Force calls "law practice technology". By "law practice technology" the Task Force does not mean technology and law courses such as Intellectual property courses, patent law courses, courses in copyright, etc.

Instead the Task Force means the intersection of internet technologies and the practice of law.  It is no longer possible to teach law practice management without taking into account the impact of information technology on law practice. We include within this category courses that train law students in document automation, legal expert systems, and other course work that has an impact on the nature, productivity and profitability of law firms.

The Task members believe that to educate law students to be "practice ready",  particularly for law schools where the majority of graduates will end up in solo and small law firm practice, understanding the principles of law practice technology are essential.

The Top Legal Practice Technology Schools Project

In honor and in memory of Gary Munneke, the eLawyering Task Force is working on a project to identify the top law schools teaching legal practice technology today. Our methodology is to review law schools web site catalogs and also seek input and recommendations from law schools themselves through a self-nomination process.

The criteria for inclusion on the list is:

 

1. A full-time faculty member dedicated to teaching and coordinating a program in law practice technology.  This subject matter should be the focus of serious research, including the development of innovations in law practice.

2. At least two credit courses in this subject matter such as law practice management, law practice technology, ediscovery and big data, outcome prediction,  legal project management, virtual lawyering,  expert legal systems development, document automation, and/or other coursework which deal with innovation in the delivery of legal services and law practice.

3. Non-credit courses taught by adjunct instructors don’t quality.

4. Law schools sponsoring incubator programs are interesting, but these programs involve lawyers who have already graduated, not law students.

The initial list includes the following law schools, in alphabetical order:

 Brigham Young University Law School for their ground-breaking work in teaching computer-based practice systems under the leadership of Larry Farmer and Blair Janis.
 

Chicago Kent Law School‘s Center for Justice and Technology under the leadership of Ronald Staudt and CALI for their work in piloting law school clinical programs and for their innovative On-Line Course on Digital Law Practice under the leadership of John Mayer.


Columbia University School of Law, Lawyering in the Digital Age Clinic, under the leadership of Professor Conrad Johnson, Professor Mary Marsh Zulack, and Brian Donnelly, Lecturer in Law. Conrad Johnson is chosen as 2013 Professor of the Year.

 

Georgetown Law SchoolGeorgetown Law School’s Iron Tech Competition and Technology, Innovation and Law Practice Seminar   under the leadership of Tanina Rostain and Roger Skalbeck.

 

 

 

Maurer School of Law at Indiana University under the leadership of William D. Henderson for his courses on Legal Project Management and the Law Firm As a Business Organization and for Directing the Center on the Global Legal Profession.

 

Reinvent Law LabopratoryMichigan State Law School‘s Reinvent Law Laboratory, under the leadership of Dan Martin Katz and Renee Newman Knake.

 


New York Law SchoolNew York Law School’s Certificate Program in Mastery of Law Practice Technology under the leadership of Dan Hunter.

 

We are adding today, (May 17, 2013) a 13th school to our list – the Northern Kentucky University Chase College of Law because of a $1,000,000 grant made just last week by W. Bruce Lunsford to establish and support the W. Bruce Lunsford Academy for Law, Business + Technology. Lunsford, is  a 1974 graduate of Chase College of Law, and is chairman and CEO of Lunsford Capital, LLC, a private investment company headquartered in Louisville, Ky. The Academy will be operated by the NKU Chase & Informatics Institute under the leadership of Professor Jon Garon Click here for the full press release.
 

University of Miami Law School’s LawWithWithoutWalls Project under the leadership of Michelle DeStefano and Michael Bossone and the Apps for Justice Project within the Law School’s Clinical Program.

Stanford Law School Codex Center for Legal InformaticsThe CodeX – Stanford Law School Center for Legal Informatics – under the leadership of Mark A Lemley and Roland Vogl. See course on Legal Technology and Informatics by Ron Dolin.

 

Institute for Law Practice Technology and Innovation

Suffolk Law School‘s new Institute for Law Practice Technology and Innovation under the leadership of Andrew Perlman.  Co-Chair of Advisory Committee are Jordon Furlong and Marc Lauritsen.

University of the Pacific McGeorge School of Law for their course on Computer-Assisted Litigation under the leadership of Professor Fred Galves and Tim Pignatelli, CEO, Legal Technology Consulting.

 
 

Vermont Law School‘s new Technology of Law Curriculum and their course on "Digital Lawyering" under the leadership of Oliver Goodenough, Jeane Eicks, and  Brock Rutter.

 

This is a preliminary list. The eLawyering Task Force is inviting self-nominations from law schools and recommendations by others either commenting the Task Force’s list serve or for convenience by simply adding comments to this blog post. Our plan is to publish a more complete list by the Annual Meeting of the America Association of Law Schools in January, 2014 in New York City.

Disclosure: I am Co-Chair if the eLawyering Task Force. Any opinions expressed in this blog post are my own, and not the opinion of the eLawyering Task Force of the Law Practice Management Section of the American Bar Association..

Burton-LawBurton-Law, a virtual law firm based in Ohio and North Carolina has been selected by Law Technology News for the most Innovative Use of Technology in a Small Law Firm. This small law firm is a good case study on how a law firm can leverage virtual law firm technology to serve a diverse group of clients over a wider geographical area.

We are proud that the Burton-Law has selected DirectLaw as their client portal with embedded document automation capabilities. Burton-Law also uses CLIO as their web-based practice management solution which integrates seamlessly with DirectLaw through the use of an API.

Stephanie Kimbro,  formerly co-founder of Virtual Law Office Technology which was acquired by TotalAttorneys several years ago, helped make the decision to adopt DirectLaw as Burton-Law’s virtual law firm platform. Stephanie is no longer with TotalAttorneys.  Stephanie joined Burton-Law last March to expand their operations in North Carolina. Stephanie is a pioneer in the development of the virtual lawyering concept, having written the book  on the topic.

Consmer Law RevolutionStephanie has also just released a new ebook on the Consumer Law Revolution which is the best description and analysis of online marketing platforms that I have seen. You can download it here.

Stephanie also blogs at Virtual Law Practice, and you can follow her on Twitter @StephKimbro.

 

 

The College of Law Practice Management is presenting the Futures Conference on October 26-27, 2012 at Georgetown Law in Washington, DC. Anyone interested in the future of law practice and legal business should attend. Click here to register 

I am a Fellow of COLPM and highly recommend this Conference. My colleague, Ron Friedmann, is a Trustee of COLPM and is Co-Chair of this important Conference.

Below you will find the program in chronological order.

NEW MODEL LAW FIRMS
Big Law has never been the only option for general counsel. Today, many alternatives exist, including “new model law firms.” This panel will examine how these firms do business, practice law, differentiate, serve clients, and offer lawyers a different work experience. We will also hear from the founding visionaries on where they think the law firm market is heading.
Moderator: Ron Friedmann, Fireman & Co. Consulting
Panelists: Mark Cohen, ClearspireBen Lieber, Potomac Law Group PLLCAndy Daws, Riverview Law, and Patrick Lamb, Valorem Law Group.

THE CHALLENGES OF DIVERSITY IN A NEW STAFFING ENVIRONMENT
Law firms are adjusting the traditional personnel model, reducing the number of equity owners and adding new tiers of service providers. But the challenge of diversity remains. A nationally-recognized expert in diversity issues within law firms and other legal settings, Verna Myers will address what legal employers can do to tackle this critical issue.
Speaker: Verna Myers, Verna Myers Consulting Group LLC, author of Moving Diversity Forward.

PRESENTATION OF 2012 INNOVACTION AWARDS
The 2012 InnovAction Award Winners present.
Moderator: Tim Corcoran

LEGAL ACADEMY RESEARCH PROJECT
Reports on two research projects underway at the Center for the Study of the Legal Profession, Georgetown Law: Integration and Fragmentation in the Modern Law Firm; Developing Attorneys for the Future: What Can We Learn from the Fast Trackers?
Moderator: Mitt Regan, Georgetown Law
Panelists: Juliet Aiken, Georgetown LawHeather Bock, Georgetown Law and Lisa Rohrer, Georgetown Law.

THE CONSUMER LAW REVOLUTION
The panel will consider such questions as: How is technology changing delivery of legal services to consumers? How is technology changing how lawyers who serve consumers practice? Do we see signs today that consumer law developments are already doing so? Will constraints – for example, client or lawyer conservatism, immature technology, or ethical barriers – limit a more rapid evolution or a real evolution?
Moderator: Tanina Rostain, Georgetown Law;
Panelists: Stephanie Kimbro, Burton Law LLCMichael Mills, Neota Logic, and Marc Lauritsen, Capstone

EXPLORING THE NUANCES OF VALUE
In 2011, a panel focused on defining value. Now, in this panel discussion, we take the next step, as law firm and inhouse representatives explain how alternative arrangements are developed and tweaked so that both sides can derive value.
Moderator: Aric Press, American Lawyer Media
Panelists: Toby Brown, Akin GumpMark Chandler, Cisco Systems.

FUTURE OF MANAGING PARTNERS
The future demands a new focus in law firm management. This panel, featuring extraordinary managing partners, examines the critical roles and responsibilities of MPs in firms of all sizes—and what the panelists see as the future challenges and opportunities in firm management, including managing talent at all levels and “getting things done” in ways that most benefit the firm, its people and its clients.
Moderator: John Michalik, JJeyEm Consulting and author of The Extraordinary Managing Partner, Reaching the Pinnacle of Law Firm Management
Panelists: Thomas Grella, McGuire Wood & Bissette, P.A.Fredrick Lautz, Quarles & Brady LLPCharles Vigil, Rodey, Dickason, Sloan, Akin & Robb, P.A.Ward Bower, Altman Weil, Inc.

THE NEW NORMAL FROM THE GENERAL COUNSEL PERSPECTIVE
General Counsel face continuing pressure to control costs while coping with growing demands for legal advice. In a panel organized by the Association of Corporate Counsel, you will hear how experienced law department leaders respond to this pressure and what it means both for their department operations and the law firms they retain.
Moderator: Amar Sarwal, ACC
Panelists: Scott Chaplin, Jorge Scientific Corporation; Susan Hackett, Legal Executive Leadership and Eric Margolin, CarMax, Inc.

LEGAL SERVICES UPDATE
2012 has been a year of intense pressure on low-income people facing legal problems and unfortunately, intense pressure on the legal aid organizations that serve them. In these tough times, law practice management expertise and best practices are needed more than ever to improve efficiency, buoy up morale, tune up staffing and employ new technologies. During lunch, Jim Sandman, President of the Legal Services Corporation and a 2012 College fellow-elect, will update attendees on bleak conditions facing LSC and describe a new mentoring initiative in the planning stages that will expand the pro bono consulting the College can offer to legal aid.

 

Legal Documents On-LineThe American Bar Association’s eLawyering Task Force has compiled a draft set of best practice guidelines for legal document providers, which can be downloaded here*.  

An increasingly popular – and controversial – category of service providers are those that supply customer-specific documents over the Internet, using interactive software and/or human resources, without purporting to be engaged in the practice of law. There are literally hundreds of these legal documents Web sites. More of these legal document Web sites launch every month, of not every week on the Internet.

 

These Web sites include for example:

The Task Force believes that there are common principles that ought to guide these legal document sites, and practices that consumers should be able to expect.  The  eLawyering Task Force  also recognizes that consumers have different levels of knowledge in meeting their documentation needs.  Some believe, for instance, that it is simply a matter of getting “the” right form, and pay little attention to careful drafting and appropriate execution.  Others have a more sophisticated understanding of options and implications. Nevertheless there should be baseline expectations that meets the needs of all kinds of users. The goal is not to issue a "seal off approval" of these legal document Web sites. The objective is to encourage these Web sites to use acknowledged "best practices" in the development and delivery of their services.

These guidelines do not take a position on whether certain document services may constitute the unauthorized practice of law in certain jurisdictions if not performed by a licensed attorney, other than to urge providers to know and observe applicable law on that thorny subject.

The primary purpose is to aid consumers in making informed decisions about what they are buying.

Comments on these Guidelines are invited. They can be submitted on the eLawyering Task Force ListServ which any lawyer can join, Click here.

 

Hyatt Regency Incline Village Lake Taho, CaliforniaThe eLawyering Task Force is having a Quarterly Meeting at he Hyatt Regency Lake Tahoe Resort, Spa and Casino on Friday, October 19, 2012 between 9:00 – 11:00 A,M,

This is an open meeting and individuals who want to submit comments on these Guidelines are invited to attend and participate.

Additional Conference details can be found here.

 

 

*(Disclosure: I am Co-Chair of the eLawyering Task Force. The Co-Chair of the Task Force is Marc Lauitsen, of Capstone Practice Systems, who is providing leadership to this project.)

——————————————————————————————————————————

In accordance with the   FTC 16 CFR, Part 255: "Guidelines Concerning Use of Endorsements and Testimonial in Advertising" I am disclosing that I have a material connection to some of the companies referred to in this Post. I am the Founder/CEO of  DirectLaw, a virtual law firm platform provider and SmartLegalForms, a web-based legal document provider. The opinions expressed here are my own. I did not receive any compensation from any source for writing this post. DirectLaw sponsors this blog by paying for the costs of hosting.

 

 

Just Answer is a question and answer platform that provides answers to users questions for a flat fee of approximately $30.00 per question. It turns out that one of the fastest growing categories within JustAnswer is the answering of legal questions by lawyers.  

Here are other the JustAnswer terms and conditions that apply to lawyers that participate in this service:

"Experts in the Legal categories must be attorneys licensed to practice law, and be
in good standing in at least one jurisdiction in the United States or foreign
country. Such Experts shall provide general information only, such as providing
descriptions of general principles of law, and shall not provide legal advice. In
responding to questions, Experts in the Legal Category shall not apply their legal knowledge or skills to resolve or advise on the Customer’s specific factual circumstances described in the question, such as by proposing a specific course of action (other than advising the User to seek the advice of an attorney licensed to practice in the relevant jurisdiction). Experts in the Legal Category shall not form an attorney-client relationship on the Site."

To be qualified to answer questions as a lawyer within the JustAnswer platform, the lawyer has to take a test in the practice area and meet other qualification standards.

Disclosure: I answer legal questions on the JustAnswer.com website in my capacity as an attorney and a member of the Maryland Bar.

The Website is very well executed. Users can select from a panel of lawyers that are online at the time that the question is asked. You can name your price – indicate what you are willing to pay for an answer. You can see the credentials of the lawyers and their track record in answering questions, communications are secure and confidential, and the user can indicate the urgency of the answer, and the level of detail required. Answers are 100% guaranteed. If you are not satisfied you get your money back. You can select the State that you are located in, so answers can be state specific. Most questions are answered within minutes.

I have yet to see a state bar association offer such a service with the same level of Website sophistication and quality control.

 

Continue Reading Does JustAnswer.com Provide Legal Advice Online? Is this Site Ethically Compliant?