Virtual Law Practice: Technology & Ethics Considerations
CLE Presentation for the NC Bar Association
July, 2008
Presenter: Stephanie L. Kimbro, Esq.
Owner, Kimbro Legal Services, LLC @ kimbrolaw.com
Co-owner, Virtual Law Office Technology, LLC (VLOTech)

What is a Web-Based Virtual Law Practice?
A professional law practice that exists
online through a secure portal and is
accessible to the client and the attorney
anywhere the parties may access the
Internet.
Features:
Client Interface

Discuss Legal Matters Securely Online

Download and Upload Docs for Review

Online Billing and Payment

VLO Management Tools


Topics to Discuss
What is a VLO and how does it work?

 Sample VLOs
 What is not a VLO?
 What is Software as a Service?
 Review of a sample VLO from client and attorney
side
2005 Formal Ethics Opinion 10

Defining the Scope of Representation

Advertising a VLO

Supervising a Virtual Assistant

Best Practice Methods for Running a Secure VLO


A virtual law office is not…
Legalzoom, Nololaw, Rapidocs and other entities

offering form-generated online legal documents.
Non-secure “Contact Us” email forms on law office

websites.
Renting remote law office spaces

(ie,Regus).
Law Office Extranets

(ie, GoToPC, LogMeIn).

What is Software as a Service
(SaaS)?
A web-based VLO operates with the SaaS business model.

Data is encrypted and kept confidential through the use of

Secure Sockets Layer (SSL) on the web browser.
Regular software updates and new features added without

disturbing the workflow.
No in-house software installations.

Access to your data anywhere you may securely access the

Internet.
Regular backups of your data.

Less expensive than paying for software, storage and server

hardware and hiring an IT professional.

Sample Client Homepage

Sample Client Homepage -
Request for Legal Services

Sample Client Entry of Initial
Request for Legal Services

Sample Attorney Side -
Case View

Sample Attorney Case View – Sticky Note Reminders of
New Activities in Case File

Attorney Side – Case
Management Tools

Sample Events Created in a Case File. Events Appear in Main VLO Calendar and
Reminders Appear on Attorney’s Main VLO Homepage.

Sample Files Added to a Client’s Case File. Files not specific to the
client’s case may also be stored in the Main VLO File Library.

Searchable VLO File Library

Sample VLO Search for Prior
Legal Research/Cases

VLO Billing Methods
Fixed Fees

Billable Hour

Combination of Fees and Payment Plans

Invoicing and Payment Online


Sample View of Invoice – Client Side

Sample Charge
Entered By Attorney
for Case

Sample Invoice
Creation
-Attorney Side

Sample View of Invoice
Sent to Client

Your Clients are Ready.
Clients shop, bank, conduct business and

pay their credit cards and taxes online.
The technology is no more complicated to

use than email.
You CAN have personal connections with

clients online.
Alternative billing options: Fixed Fee,

Combination of Billable Hour and Fixed Fee

2005 Formal Ethics Opinion 10
Unauthorized Practice of Law in Other

Jurisdictions – Rule 5.5 and 7.2
Providing Competent Limited

Representation
Establishing the Attorney/Client

Relationship
Clickwrap Agreement

Protecting Client Confidences – Rule 1.6

Verifying the Client's Identity Online


Rule 1.2(c)
Defining the Scope of Representation

Engagement Letters

 Adequate Notice and Acceptance of
Terms of Representation

Advertising a VLO
Rules 7.1 and 7.2

Register URL with the Bar

VLO Website/Blog Content

Adequate contact info.

 Update content
 Disclaimers

Virtual Legal Assistants
Rule 5.3 – Management of

Non-lawyer assistants
Keep good digital records

of instructions to VA
Nondisclosure and security issues


Avoiding Malpractice Online
Conflict of Interest Checking

Calendar and Ticker System

Metadata

Electronic Discovery

Accepting Online Payments

PCI Compliance

Retainers – Trust Account Rules


Sample Conflict of Interest Check
– Attorney Prompted to Complete
Before Responding to New Client

VLO Security
Use an SSL Certificate

Data in system encrypted

Browser Security

Firefox vs. IE

Add-ons for browser security

Know the company hosting your VLO

Backup server locations

Data retention policies

Return of VLO data

Data Security and Encryption


Securing Mobile Devices
Theft of mobile devices

Risk of Malpractice

End to End encryption

 Wi-Fi
 Wireless Broadband Card
 Aircard

Added Benefits of a VLO
Bottom Line

Low overhead

 Flexible practice
 Expanded client base
 Streamline Practice & Improve Efficiency
Going Green – Eco-benefits

Reduced office waste

Improved Attorney Work/Life Balance


Benefits of a Virtual Law Office
“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.”
- ABA E-Lawyering Task Force

Contact Me
VLOTECH:

skimbro@vlotech.net
Blogs:

www.VirtualLawPractice.org
www.VLOTech.com