The quarterly publication of the International Legal Technology Association
Issue link: https://epubs.iltanet.org/i/11430
Perfect? Virtually, but Not Quite Low overhead expenses, flexible hours, no long commutes —
what more could an attorney ask for? While virtual law firms may appeal to many innovative lawyers and are a growing trend, there are limitations to this alternative offering. Advncements in legal technology make it possible to practice law in a virtual setting; however, there are still limitations on the types of law that virtual law firms will undertake. Technology has certainly made it possible for people located in different parts of the country to collaborate on cases, but handling major litigation would pose a challenge for budding virtual law firms. Indeed, most virtual law firms focus on more transactional practice areas and smaller cases. In addition, it might be difficult for younger attorneys to succeed in the virtual realm without first having the opportunity to work beside veteran attorneys who are knowledgeable and skilled at their craft. The benefit of low overhead and flexible hours might be the trade-off for valuable learning opportunities that a virtual world cannot provide. Both virtual and traditional law firms have advantages and disadvantages; however, the advances in technology can elevate the trend we see in virtual law firms as well as assist traditional firms to streamline their business. It’s clear that the increasing number of virtual law firms
is more than just a trend, but their reach is still undefined. Nevertheless, both the American Bar Association eLawyering Task Force of the ABA Law Practice Management Section and the ABA Standing Committee on the Delivery of Legal Services have developed a list of advisory guidelines for legal information websites as well as minimum requirements for law firms delivering legal services online. The full list of advisory guidelines can be found at www.abanet.org. Briefly, the ABA suggests virtual law firms, at a minimum, set up security protocols for client’s data and provide unauthorized practice of law (UPL) and attorney-client relationship disclaimers. The ABA guidelines also remind virtual law firms to adhere to the Rules of Professional Responsibility in marketing services as well as rules governing trust accounts. In addition to the ABA’s advisements on legal websites and online legal service offerings, state bars have also participated in opinions regarding these alternative legal platforms.
Staying Competitive Is a Must As technology advances and the public’s reliance on
technology increases, it will become more natural for individuals and businesses to seek out either virtual law firms or tech-savvy traditional law firms. While the future of virtual firms is uncertain, what is certain is that technology will continue to drive the legal marketplace and provide innovative ways for attorneys and firms to provide legal services, whether they are in a “clicks and mortar” or “bricks and mortar” environment. As a result, law firms, both traditional and virtual, must continually strive to use emerging technologies to stay competitive and remain marketable to the public. ILTA
64 www.iltanet.org Peer to Peer
Amanda Morris is a Practice Support Consultant for the Wichita and Omaha offices of Stinson Morrison Hecker LLP. She collaborates with attorneys and clients to address e-discovery needs and offers solutions for streamlining and developing best practice guidelines while also managing the firm’s litigation support resources. She is also a licensed attorney in the state of Alabama. Amanda can be reached at amorris@stinson.com.
References
• American Bar Association Law Practice Management Section eLawyering Task Force. “Suggested Minimum Requirements for Law Firms Delivering Legal Services Online.” Abanet.org. American Bar Association Law Practice Management Section, 15 Oct. 2009. Web. 6 Jan. 2010.
• American Bar Association Law Practice Management Section eLaywering Task Force. “Best Practice Guidelines for Legal Information Web Site Providers.” Abanet.org. American Bar Association Law Practice Management Section, 10 Feb. 2003. Web. 7 Jan. 2010.
• Bennett, Neyah K. “A Year For iPhones And Virtual Law Firms.” Connecticut LawTribune. ALM Properties, Inc., 4 Jan. 2010. Web. 6 Jan. 2010.
• Chiem, Linda. “Virtual Law Firm Casts Off Tradition.” Pacific Business News. Pacific Business News, 15 Aug. 2008. Web. 26 Jan. 2010.
• Cohen, Alan. “Telepresence: The New Videoconferencing.” Law.com. ALM Media Properties, LLC. Law Technology News, 12 Jan. 2010. Web. 9 Apr. 2010.
• Dawson, Andrew. “Collaboration --The Virtual Law Office?” Iltanet.org. ILTA, Aug. 2001. Web. 6 Jan. 2010.
• Elinson, Zusha. “VLG Co-Founder Starts Virtual Law Firm.” Law.com. ALM Media Properties, LLC, 16 July 2008. Web. 6 Jan. 2010.
• Granat, Richard S. “ELaywering for a Competitive Advantage -- How to Earn Legal Fees While You Sleep.” Abanet.org. American Bar Association Law Practice Management Section, 2008. Web. 06 Jan. 2010.
• Kashi, Joe. “Building a Virtual Law Firm: Changes and Opportunities.” Abanet. org. American Bar Association Law Practice Management Section Law Practice Today, Jan. 2004. Web. 26 Jan. 2010.
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• Kimbro, Esq., Stephanie L. “Practicing Law Online: Creating A Web-Based Virtual Law Office.” Vlotech.com. Virtual Law Office Technology, LLC, 6 Sept. 2008. Web. 6 Jan. 2010.
• Lamb, Patrick J. “Virtual Firms and The Future of Law Practice.” Web log post. In Search of Perfect Client Service. Patrick J. Lamb, 3 Aug. 2009. Web. 6 Jan. 2010.