Document Automation in the CloudVIRTUAL LAWYERING ON STEROIDS

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

Does not require a server

Typically subscription based

Accessed via an

internet signal

Hosted in remote

databasesWhat is Cloud-

based?

Accessible only within your

network or from your computer

Software such as

Microsoft Word

Hosted on your

computer or serverWhat is Non-Cloud-based?

DOCUMENT AUTOMATION

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

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.

Commoditization

• Standardization• Systemization • Packaging

IT revolution

• Automated document assembly (legal zoom)

• Online legal guidance (virtual law firms)

• Legal open-sourcing (information shares like AVVO or Findlaw

Use of Forms

Internally

Externally

Use of FormsInternally

• Increase efficiency• Save Time• Decrease Prices • Increase Profit• Limited Scope

Services

Externally• Other Law Firms• Non-Client Users• Document Preparers• Legal Aid/Non profit • Create a Client

Pipeline

Why Use Limited Scope Services Control your workload Control your schedule Limit your exposure on a case Build your practice Reduce accounts receivable issues Create profit Increase your client base Meet demand

Roughly 60% to 90% of family law cases nationally involve at least one self-represented litigant.

Only 5 percent or less of cases in general civil dockets include a self-represented litigant.

Recent data shows

Compared to…

Maricopa County

60 percent of family law cases have no attorneys, 30% have 1 attorney, 10% have two attorneys.

That means that 30,000 at one time in Maricopa county are in need of your assistance.

 

One judge disclosed that there are 20,000 filings in family court at one time….

Largest factor:

Affordability of attorneys and the cost of representation.

Average divorce: $20-40k.

Too much for Americas and Maricopa County Residents

Doesn‘t mean they don’t have money or can’t afford any representation.

They just can’t afford the whole shebang!

Not a fun way to spend money.

A client with millions doesn’t appreciate huge legal bills.

How do you think they got to be millionaires?

Why?

Control

• We are smarter consumers.

• We are a DIY nation.

• We have greater expectations.

• Even wealthy & savvy clients may choose limited scope representation.

Why?

Our culture has changed

Here’s how we think it should look…

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

ETHICAL IMPLICATIONS

Unauthorized Practice

Attorney-Client

Relationship

Solicitation

Advertising

Confidentiality

Ethical Implications

Fees -Value Billing

Scope of

Services

Cloud Computin

g and Complianc

e

Conflicts

Duties to prospective clients

Dual busines

s activitie

s

Ethical Implications

ETHICAL DUTIES

Diligence

Confidentiality

Competence

Safe-Keeping Property

Avoiding Conflic

ts

Communication

Ethical Implications: Clients

Fairness

Confidentiality

Truthfulness

Avoiding Conflicts

Full Disclosur

e

Affirmative

Disclosure

Ethical Implications: Non-Clients

CLIENT DUTIES

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

Client Duties

Confidentiality

Safe-Keeping Property

ELECTRONIC STORAGE: INTERNET

Model Rule 1.6

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

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.

Client Duties

Conflicts

Value Billing

Client Duties

Scope of Services

Communication

FEESModel Rule 1.5

Fees Value Billing

Use of legal forms internally and recover development cost?

• Flat Fee

• Hybrid Billing

• Earned Upon Receipt

DUTIES TO NON-CLIENTS

Rule 1.18: Duties to Prospective Client

Fairness

Confidentiality

Truthfulness

Avoiding Conflicts

Full Disclosu

re

Affirmative

Disclosure

DUTIES TO PROSPECTIVE CLIENTS

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

LAW RELATED SERVICESRule 5.7: Responsibilities Regarding Law-related Services

DUAL CAREERS?MRPC 5.7(b)

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 

MRPC 5.7(b) states:“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 non-lawyer.”

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).

Best Practice Guidelines for Legal Information Web Site Providers2003 E-lawyering Task Force, ABA Law Practice Management Section and

ABA Standing Committee On the Delivery of Legal Services

1. Contact Information

2. Dating Material

3. Jurisdiction

4. Limits of Legal Information (disclaimer)

5. Links

Best Practices Con’tThe 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

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

Hot Docs

Legal DocX

Doc Forge

Intelex

SCENARIO

• PC attends a consultation and you advise her she needs to file for divorce.

• You provide her a follow up email 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.

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

Document Automation in the CloudVIRTUAL LAWYERING ON STEROIDS

Thank you!

Email: billie@MyModernLaw.com

Website: MyModernLaw.com

Linked In: Billie Tarascio

Twitter: #ModernLaw

CONTACT

INFO