Document Automation in the Cloud Virtual Lawyering on Steroids

Transcription

1 Group Legal Services Association Solo, Small Firm, and General Practice Section 2014 Annual Conference May 1-3, 2014, Las Vegas, Nevada Document Automation in the Cloud Virtual Lawyering on Steroids Friday, May 2 11:30 am 12:30 pm Presenter: Billie Tarascio, Modern Law

2 Billie Tarascio Billie Tarascio is the owner of Modern Law located throughout the greater Phoenix area of Arizona. Her firm is focused on limited scope legal services, the use of technology to improve the lawyer/client experience, and customized solutions. She is also the owner of Modern Law Forms, a separate company and website providing clients and attorneys direct access to cloud based legal forms. Prior to her Phoenix Law Firm, Billie owned Access Legal Services, based in Eugene Oregon. She attended University of Oregon School of Law and clerked for the Honorable Kip Leonard. Billie is a skilled family law practitioner, national speaker, law firm business consultant and a Martindale-Hubbel honored attorney. She was granted the prestigious "Client Distinction" award based on her Communications Ability, Responsiveness, Quality of Service, and Value for Money. Billie resides in North East Mesa with her husband and three children.

3 Document Automation in the Cloud VIRTUAL LAWYERING ON STEROIDS

4 What is cloud based document automation? How can it be used and why use it? Ethical Implications of cloud based automation and usage Technical Requirements

5 Hosted in remote databases Accessed via an internet signal What is Cloud-based? Typically subscription based Does not require a server

6 Hosted on your computer or server Software such as Microsoft Word What is Non-Cloud-based? Accessible only within your network or from your computer

7 DOCUMENT AUTOMATION

8 Document Automation Designed to reduce redundancy and simplify processes Systems and workflows that assist in the creation of electronic documents Creates contracts, letters, or legal documents in less time Implemented in law firms, websites, and companies to increase efficiency This is the future of law

9 The Future of Law In 2009 Richard Susskind published the book The End of Lawyers? Rethinking the Nature of Legal Services Predicted idea that the legal profession is on the brink of a fundamental transformation. Driven by two irresistible forces: The commoditization of legal services; and The IT revolution.

10 Commoditization IT revolution Standardization Systemization Packaging Automated document assembly (legal zoom) Online legal guidance (virtual law firms) Legal open-sourcing (information shares like AVVO or Findlaw

11 Use of Forms Externally Internally

12 Use of Forms Internally Increase efficiency Save Time Decrease Prices Increase Profit Externally Other Law Firms Non-Client Users Document Preparers Legal Aid/Non profit

13 Here s how we think it should look

14

15 But how do the Rules of Ethics impact our use of this product?

16 ETHICAL IMPLICATIONS

17 Ethical Implications Confidentiality Solicitation Advertising Attorney- Client Relationship Unauthorized Practice

18 Ethical Implications Cloud Computing and Compliance Fees -Value Billing Scope of Services Conflicts Duties to prospective clients Dual business activities

19 ETHICAL DUTIES

20 Ethical Implications: Clients Avoiding Conflicts Competence Safe- Keeping Property Confidentiality Diligence Communication

21 Ethical Implications: Non-Clients Full Disclosure Truthfulness Avoiding Conflicts Confidentiality Fairness Affirmative Disclosure

22 CLIENT DUTIES

23 Client Duties Competence Forms must be up to date and correct Viewed and verified by attorneys Diligence and promptness Helps control workload Efficient and effective

24 Client Duties Safe-Keeping Property Confidentiality

25 Model Rule 1.6 ELECTRONIC STORAGE: INTERNET

26 Electronic Storage/Internet ER's 1.6 and 1.1 require an attorney act competently to safeguard client information and confidences. Reasonable precautions Protect security and confidentiality of docs and data Competent review of proposed security measures Periodic review

27 Model Rule 1.6(c) A lawyer shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client.

28 Client Duties Value Billing Conflicts

29 Client Duties Communication Scope of Services

30 Model Rule 1.5 FEES

31 Fees Value Billing Use of legal forms internally and recover development cost? Flat Fee Hybrid Billing Earned Upon Receipt

32 Rule 1.18: Duties to Prospective Client DUTIES TO NON-CLIENTS

33 Full Disclosure Truthfulness Avoiding Conflicts Confidentiality Fairness Affirmative Disclosure

34 DUTIES TO PROSPECTIVE CLIENTS

35 Non-Client Duties Lawyer s responsibility to ensure user understands they are not in a Lawyer-Client Relationship. Use disclaimers State early and often and get an affirmative acknowledgment Suggest consultation with an attorney

36 Rule 5.7: Responsibilities Regarding Law-related Services LAW RELATED SERVICES

37 MRPC 5.7(b) DUAL CAREERS?

38 Dual Careers Simultaneous engagement in a business career and the practice of law is permissible Independent in operation and practice Same physical location is OK but must maintain: Separate phone numbers Letterheads, books and records Assure that all legal files will remain confidential

39 MRPC 5.7(b) state: The term law-related services denotes services that might reasonably be performed in conjunction with and in substance are related to the provision of legal services, and that are not prohibited as unauthorized practice of law when provided by a nonlawyer. Official Comment: When law-related services are provided by a lawyer under circumstances that are not distinct from the lawyer's provision of legal services to clients, the lawyer in providing the law-related services must adhere to the requirements of the Rules of Professional Conduct as provided in paragraph (a)(1).

40 Best Practice Guidelines for Legal Information Web Site Providers 2003 E-lawyering Task Force, ABA Law Practice Management Section and ABA Standing Committee On the Delivery of Legal Services 1. Contact Information Dating Material Jurisdiction Limits of Legal Information (disclaimer) Links

41 Best Practices Con t The goal of these guidelines is to promote the development of quality legal web sites and to provide guidance to legal web site developers. 6. Legal Citations 7. Referrals 8. Permissions 9. Terms and Conditions 10. Privacy Statement

42 Technical Requirements Internet Connection Software Substantive Forms Interactive Platform E-commerce Disclaimers/Opt Ins IP protection

43 Hot Docs Legal DocX Doc Forge Intelex

44 SCENARIO

45 PC attends a consultation and you advise her she needs to file for divorce. You provide her a follow up with your notes and all of her options including. Full Scope Traditional representation and a fee agreement Limited Scope Drafting for a Petition for dissolution and perhaps a motion for temporary orders Instructions on where to find self help forms.including your site.

46 Hi Amy, It was great talking with you. Attached are the options we talked about for moving forward and my notes from our conversation. If you decide you want us to handle everything please read the attached advanced fee agreement carefully and let me know if you have any questions about it. If you would like us to draft the documents for you and proceed in a limited scope manner, we will enter into a flat fee agreement for the drafting services only. Those terms are also attached. Finally, I know you indicated that finances are tight. As we discussed I have developed a separate business to provide legal forms for self representing clients. In the event you wish to represent yourself, you can find the forms we discussed here. This is a company that I own separately from the law firm\and use of the forms does not create an attorney client relationship between us. You may wish to consult with other family law attorneys prior to determining whether self representation, and use of my legal forms is the way you desire to move forward. Let me know if you have any questions at all. Billie

47 Document Automation in the Cloud VIRTUAL LAWYERING ON STEROIDS