eLawyering ABA Techshow 2008
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Transcript of eLawyering ABA Techshow 2008
March 13 – 15, 2008www.techshow.com
Lawyering in a Virtual World: How to Snag the Connected
ClientPresenters:
Judge Arthur M. Monty Ahalt ( ret.)CEO VirtualCourthouse.com
Will Hornsby -- Staff CounselABA Division for Legal Services
Greg Siskind, ShareholderSiskind Susser Bland, P.C. – Immigration Lawyers
.
March 13 – 15, 2008www.techshow.com
March 13 – 15, 2008www.techshow.com
The Need, The Promise, The Challenge
eLawyering
March 13 – 15, 2008www.techshow.com
What is eLawyering ?What is eLawyering ?• eLawyering is a term used to refer to the
practice of law over the Internet. It is more than Internet based advertising. eLawyering initiatives undertaken by the organized bar are usually focused on reaching a "latent market" of lower and middle class citizens in need of legal services.
• Or has it changed?
March 13 – 15, 2008www.techshow.com
The NeedThe Need
• Cost of legal services does not equal value
• Paper methods are expensive• Travel is time consuming and costly
– Direct cost– Indirect cost such as lost time form work
March 13 – 15, 2008www.techshow.com
The PromiseThe Promise• eCommerce
– The automation of commercial transactions using computer and communication technologies• Dispute resolution• Legal transactions
– The Savings and efficiencies• Time• Paper• Financial
March 13 – 15, 2008www.techshow.com
The ChallengeThe Challenge• eCommerce models have not been
adopted by the legal profession• The delivery of professional service is
not just a product but a relationship• Overcoming resistance to change
March 13 – 15, 2008www.techshow.com
It is all about CHANGE !!It is all about CHANGE !!• Becoming a Change Champion
– Vision– Strategy– Enthusiasm– Work
• Overcoming Barriers– Perceived need for paper and face to face
meetings– “I am doing things just fine”
March 13 – 15, 2008www.techshow.com
eLawyering ExampleseLawyering Examples
• IllinoisDivorce.com• Legaladviceline.com• VirtualCourthouse.com
March 13 – 15, 2008www.techshow.com
Cyberspace is like any Cyberspace is like any other placeother place
• Pre-existing rules apply
• Early ethics opinions
• Canter
• Sometimes rules are not a good fit
March 13 – 15, 2008www.techshow.com
Attorney-Client Attorney-Client RelationshipRelationship• Creates an application of the rules
• In the eye of the beholder
• TestsSame service to opposing partiesNot UPL if provided by lay personInformation, not advice
March 13 – 15, 2008www.techshow.com
Information vs. AdviceInformation vs. Advice
• Is it fact specific?
• Does it involve judgment?
March 13 – 15, 2008www.techshow.com
What does it mean if What does it mean if the rules apply?the rules apply?
March 13 – 15, 2008www.techshow.com
Limited Scope of Limited Scope of RepresentationRepresentation
•Reasonable under the circumstances
•Informed consent
March 13 – 15, 2008www.techshow.com
ConfidentialityConfidentiality
• Inadvertent disclosure
• Encryption
• Metadata
March 13 – 15, 2008www.techshow.com
ConflictsConflicts
Intake and duty to prospective client
March 13 – 15, 2008www.techshow.com
Candor to the TribunalCandor to the Tribunal
March 13 – 15, 2008www.techshow.com
UPLUPL• Definition of the Practice of Law
includes document preparation
• Distinguish scriveners
• Pro se exception
• Dacey
• Parsons
• Reynoso
March 13 – 15, 2008www.techshow.com
QuestionsQuestions