What are unbundled or limited legal services?
Will my state bar approve of virtual law practice?
What is software as a service (SaaS)?
How do I know this service is secure?
What happens to my VLO data if I decide to cancel my VLOTech service?
How much time will it take me to learn how to use the VLOTech application?
What happens if my Internet connection goes down and I cannot access my VLO?
How do I establish the attorney/client relationship online?
How will I market a VLO to the public?
How many online clients may I expect to retain from a VLO in the first month?
Can I collaborate on a VLO with another solo or small firm?
What prevents unauthorized practice of law with a VLO?
What access would VLOTech have to my VLO data?
How well does the service operate? Can I try it out for free?
What are unbundled or limited legal services?
With unbundled or limited legal services, an attorney or law firm creates the legal document or provides the legal advice, but the clients themselves are responsible for either filing the legal document or ensuring that the document is properly executed and handled according to the instructions provided by the attorney. The VLO permits an attorney to tap into this vast market need for accessible and affordable legal services by offering unbundled legal services online.
Attorneys operating a VLO may also provide full legal representation to clients through the system depending on the nature of the attorney’s law practice area(s). If the attorney maintains a physical law office in addition to a VLO, the attorney may provide a combination of unbundled legal services online with full service representation.
Many state bar associations have published articles about the need for attorneys to offer unbundled legal services and more affordable and accessible legal services to the public. Some states, such as North Carolina, have specifically published ethics opinions permitting virtual law practices. VLOTech may provide its customers with recommendations for best practices for operating a VLO and suggests that attorneys contact their state bar’s ethics or advisory committee if they have any specific questions regarding the marketing or operation of a VLO.
“The highest leadership of the ABA knows we need a catalyst for lawyers to adapt and flourish in the new technology-driven economic order. The Internet presents us with unparalleled opportunities and powerful new tools to provide legal services. Innovative law firms and web-based companies (many run by lawyers) have already cast off — successfully — into these uncharted waters. They have set up web sites that go far beyond a list of partners, practice areas and a map to the law firm.” American Bar Association Law Practice Management Section: E-Lawyering Task Force.
Will my state bar approve of virtual law practice?
Web-based virtual law practice has only recently expanded the opportunity of the legal professional to conduct legal services online that extend beyond form-generated legal forms. There are web-based virtual law practices operating in the following states with the acceptance of their state bars: Alabama, Alaska, Florida, Illinois, Kentucky, Maryland, New York, North Carolina, Oklahoma, Pennsylvania, South Carolina, Tennessee, Texas, Virginia and Washington.
Several state bars have published advisory opinions regarding the use of technology in law practice. These opinions have primarily focused on the ethics or malpractice concerns arising from the use of nonsecure email as a method of attorney/client communication or from “shopping cart” websites selling legal documents online. Only recently have state bar advisory opinions begun to explore the use of
other technologies used for law practice management, such as third-party backup and online storage of law office data and SaaS technology. Some state bars, such as the Maryland State Bar, do not make their ethics opinions public so the virtual law practices of the attorneys in those states are themselves defining the standards for operating a virtual law practice in their states.
Many attorneys seeking to operate virtual law practices are in the process of seeking formal approval from their state bars. Others are operating their VLOs with the guidance already provided by their state bars regarding other uses of technology in law practice. Because of the flexibility in the way that a VLO may be set up by individual legal professionals, it is difficult for state bars to issue more than an opinion expressing concern for ethics issues that may arise in virtual law practice. In the event that a state bar issues an opinion, it tends to be vague regarding the technology and focuses on ethics concerns that often arise in any form of law practice.
For states that do not currently have virtual law practices, VLOTech recommends that attorneys check with their state bars before setting up a virtual law practice. VLOTech will also provide attorneys with research and other documentation regarding the benefits, ethics and malpractice considerations of operating a virtual law practice so that the attorneys may approach their state bars with this information.
For more information about ethics and malpractice concerns in virtual law practice, please see Practicing Law Online: Creating A Web-Based Virtual Law Office.
What is software as a service (SaaS)?
The technology used to create a VLO is a secure, web-based, software as a service (SaaS) application. Software as a Service means that the technology used to create and maintain the VLO is a secure, hosted system.
Some of the benefits of SaaS include the following: 1) data stored on the server is encrypted using a 128 bit or greater Advanced Encryption Standard (AES) quality cipher algorithm1, 2) regular software updates and new features added without disturbing the workflow, 3) no in-house software installations, 4) access to data anywhere the attorney may securely access the Internet, 5) regular data backups, and 6) less expensive than paying for software, storage, and server hardware and having to run it internally with or without hiring an IT professional for the office.
SaaS is becoming an increasingly popular business model as Web 2.0 companies have turned to it to provide their professional clients with the latest technology. ” SaaS is the ideal platform for the legal professional to establish a virtual law practice because it allows the attorney to focus more on providing quality online legal services to the public without time-consuming in-house software installation, maintenance and support.
How do I know this service is secure?
VLOTech provides clients with the same methods of protections used by banks and government agencies. Data is encrypted at both the communication and storage levels using proven algorithms offering the highest degree of protection.
Please click here to download the VLOTech Security Information Sheet.
The software is developed using secure programming techniques, regular auditing and continuous updates to protect you in the ever changing online environment. We are committed to adhering to the strictest standards of data management from Electronic Discovery to Personal Information Security and beyond.
As proof that we are serious about the security of our software, we use the same software and service to manage our business and protect our data.
What happens to my VLO data if I decide to cancel my VLOTech service?
We have a procedure in place to protect our customers. All of the data contained in your VLO will be either encrypted and emailed to you or mailed via certified mail on a CD or other medium, depending on the size of the file. The goal will be to have the data to you within 72 hours but no later than one week. The time it takes to get the data to you will depend upon the circumstances and the size of the data.
How much time will it take me to learn how to use the VLOTech application?
As with any software, this depends on your personal experience and comfort with learning new software applications. The VLOTech application was created to be simple to use. The design is clean and the features are not “cluttered.” In addition, your online clients will easily be able to use it in the same way that they are used to banking online or handling other major online purchases. The system has a contextual manual built into both the client and attorney sides for easy reference. This manual is regulary updated as new software features are added.
If you can navigate your email program, it should not take you long to become familiar with using your VLO. The application allows you to turn off the features that you do not want to use so you can function with a very simple setup or a more complicated one, depending on your comfort level. VLOTech provides personal training and tech support to its customers.
What happens if my Internet connection goes down and I cannot access my VLO?
If you are unable to access your VLO due to the unreliability of your Internet connection, VLOTech suggests having a business account internet connection or alternate connection methods available. You may access your VLO from your desktop computer as well as from your laptop, smartphone and other mobile devices where an Internet connection is available.
How do I establish the attorney/client relationship online?
Each VLO is operated differently based on the attorney’s practice and the state bar regulations in the state where the attorney practices law. During the registration process, each prospective client is required to read through and accept the terms and conditions of the VLO. These terms and conditions will be drafted by the attorney operating the VLO. VLOTech may provide a sample terms and conditions statement. Additionally, attorneys are able to upload engagement agreements to prospective clients, request retainer fees and further define the scope of the attorney/client relationship on the client’s individual homepage and through a second clickwrap agreement that the online client is required to accept before the attorney agrees to representation of the client.
How will I market a VLO to the public?
VLOTech provides its customers with suggestions for optimizing their VLO, including blogging, online advertising, online social networking, and lawyer referral sites, among other marketing tips. As with the marketing of a traditional law office, it is important for our customers to abide by the rules of professional responsibility and ethics mandates established by the ABA and each state’s bar.
How many online clients may I expect to retain from a VLO in the first month?
The amount of business a VLO generates will depend on the area of law the attorney practices and the experience the attorney brings to the virtual law practice. Setting up a VLO is similar to hanging a shingle on a traditional brick and mortar law office. Building an initial client base from scratch may take several months and the success will depend on how well the attorney manages advertising the VLO and targeting their online clients based on the specific practice area.
The economic benefits of implementing the VLO into an existing law practice are diverse and play out in a number of potential business methods. Running a virtual law office practice broadens an attorney or law firm’s scope of practice to the entire state or states where the professionals are licensed to practice law.
Configuration of the VLO to an existing firm’s website may be handled as part of the VLOTech customer setup. Existing clients familiar with the firm’s existing website and potential clients will use the VLO technology to communicate with their attorney, fill out online legal forms, download and review documents, pay their outstanding legal fees online, and keep client data updated among other features. At the same time, the firm may attract new clients with the expanded features of the VLO website and increase client intake from a broader field of potential clients.
Can I collaborate on a VLO with another solo or small firm?
Yes. There are a variety of different attorney collaborations that might arise with the use of the VLOTech application. For example, an attorney in one city may join up to form one VLO with a group of attorneys all practicing in different areas of the law. The network would be able to pool their resources to fund advertising for the VLO. As clients registered online requesting different legal services, the attorneys handling that specific area of law would handle that client or refer to another in the network. Communication between the attorneys would also be handled through the VLO.
What prevents unauthorized practice of law with a VLO?
VLOTech will not set up a VLO for a client until we have verified to the best of our ability that the attorney contacting us is licensed and in good standing with their state(s) bar.
Each VLO has a jurisdiction check built into the system based on the state(s) in which the attorney is licensed to practice law. If a prospective client registers on the VLO and is a resident of a state in which the attorney is not licensed, a notice will appear to inform the prospective online client that the attorney on the VLO is not licensed to practice the laws of the state in which the client is a resident. Likewise, a red flag notice will appear on the attorney’s side of the VLO notifying the attorney that the prospective client who registered may have a legal issue that does not pertain to the laws of the state(s) in which the attorney is licensed. This notice does not prevent an attorney from working with a prospective client. For example, the legal matter presented may pertain to federal law or may involve legal issues that do pertain to the laws of the state(s) in which the attorney is licensed even though the prospective client is a resident of another state. If an attorney’s VLO is handling federal law, he or she may customize the setup so that the jurisdiction check does not appear based on state jurisdiction.
In addition to the jurisdiction check in the system, a VLO website is designed to include adequate notice to prospective online clients of the state(s) in which the attorney is licensed. When registering on a VLO and again when accepting the attorney’s specific terms for representation, online clients are required to accept clickwrap agreements which contain the terms and conditions of the virtual law practice. These clickwrap agreements provide additional notice to the online client regarding the jurisdiction of the VLO and the nature of the legal services being provided online.
What access would VLOTech have to my VLO data?
We will not access your VLO unless you contact us and request that we handle something specific on the site for you. If at any time we need to access a customer’s VLO, each customer will be notified ahead of time and the data will not be altered in any way. VLO data remains encrypted during software updates.
How well does the service operate? Can I try it out for free?
VLOTech has test sites available for attorneys interested in viewing the software from both the client and the attorney sides. We cannot offer a trial basis of the software because each VLO must be customized for each individual attorney and his or her practice of law and this would be too costly to set up on a per trial basis. The test sites showcase all of the features of the service and allow an attorney to try out both the attorney and client functions of the software.
Please contact us at launch@vlotech.com for more information on VLOTech product sales and pricing, a video walkthrough of the software, to schedule a live walkthrough of the software features or for access to the VLOTech product test sites.
© 2008 Virtual Law Office Technology, LLC
