ReInventLaw Slides - Consumer Law Revolution

Stephanie Kimbro Dolin
Stephanie Kimbro DolinScholar at Independent Researcher
What is
the Consumer Law

     Revolution?



          Stephanie L. Kimbro - Copyright (c) 2013
Empowered Consumers




         Stephanie L. Kimbro - Copyright (c) 2013
Branded Networks




  Stephanie L. Kimbro - Copyright (c) 2013
Online Marketing Tools

•   Q&A sites, Forums
•   Online profiles
•   Hosting and sharing content
•   Online brand building
•   Secure online communication
    space
•   Video conferencing tools
•   Document automation and assembly systems and document
    libraries
•   Expert systems to advise decision making
•   Matching services to connect the user to a consumer
                     Stephanie L. Kimbro - Copyright (c) 2013
From placeholders to
                   conversations



• Online marketing tools are a part of
  the online conversation around legal
  services.

• Integrated with social media these
  tools expand the engagement.
                 Stephanie L. Kimbro - Copyright (c) 2013
Benefits for Lawyers




    Stephanie L. Kimbro - Copyright (c) 2013
What about the risk?
 Clients seeking online legal
  services will find and retain an
  online offering regardless.
 Lawyers working with branded
  networks online may provide a
  safer, higher quality alternative.



Like any chosen law practice management tool or
advertising method, the attorney has the responsibility
to research and understand the risks and to mitigate
them appropriately.
                          Stephanie L. Kimbro - Copyright (c) 2013
Benefits for the Public

Delivery Options Increase =
      Access Increases




       Stephanie L. Kimbro - Copyright (c) 2013
Benefits for Innovators
• Association with practitioners
• Untapped market for online, personal legal
  services
• An industry ripe for disruption




                Stephanie L. Kimbro - Copyright (c) 2013
Barriers Exist

• Lawyer Rules
   – UPL
   – Rule 7.2 (b)
   – Rule 5.3 – Supervision of Non-Lawyer
     Assistance
   – Rule 5.4 – Fee Sharing/Professional
     Independence of the Lawyer

                Stephanie L. Kimbro - Copyright (c) 2013
Prepare for another Backlash

• State Bar Monopoly on Referrals

• Protectionists




                    Stephanie L. Kimbro - Copyright (c) 2013
Progress
• Unbundling resolution passes




               ABA Model Rule 1.2(c) “A lawyer
               may limit the scope of the
               representation if the limitation is
               reasonable under the
               circumstances.
               Stephanie L. Kimbro - Copyright (c) 2013
Future Study:

                               Why does the legal profession
                               have people
                               of limited and modest means
                               needing legal services
                               at the same time
                               we have out of work and
                               under-employed lawyers?

– How does the legal profession defy the laws of supply and
  demand?

– Multidisciplinary

– First Amendment Arguments (c) 2013
                Stephanie L. Kimbro - Copyright
Re-evaluate Assumptions
• In a digital environment where there is a wealth of
  free content, what is misleading and what is
  solicitation?

   •Is it possible for regulators to
   interpret rules that will take into
   consideration lawyers’ collaboration
   with branded networks?

   •Should lawyers be regulated as
   service providers rather than
   professionals?      Stephanie L. Kimbro - Copyright (c) 2013
Healthy Competition

  Forces lawyers to
  tighten
  the value they provide
          to clients
  and be more flexible in
  using alternative and
  complementary
  delivery methods.

               Stephanie L. Kimbro - Copyright (c) 2013
Focus on Best Practices For
Working With Branded Networks




         Stephanie L. Kimbro - Copyright (c) 2013
Future innovations in the delivery of
legal services will include more applications to
allow the public
            to directly interact
with a lawyer online.

Where are we?
 How will lawyers work with branded
   networks as part of a marketing strategy?
 Will lawyers unbundle legal services online?
 Will lawyers learn best practices for using online marketing tools and
  delivering services online?
 Is this a first step towards greater acceptance of ABS in the States?

                          Stephanie L. Kimbro - Copyright (c) 2013
Innovation in the delivery of legal services
           online is finally speeding up.

Not working with branded networks decreases needed
                  access to justice.

Not including branded networks as part of the lawyer’s
              online marketing strategy
                   is bad business.
                  Stephanie L. Kimbro - Copyright (c) 2013
1 of 18

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ReInventLaw Slides - Consumer Law Revolution

  • 1. What is the Consumer Law Revolution? Stephanie L. Kimbro - Copyright (c) 2013
  • 2. Empowered Consumers Stephanie L. Kimbro - Copyright (c) 2013
  • 3. Branded Networks Stephanie L. Kimbro - Copyright (c) 2013
  • 4. Online Marketing Tools • Q&A sites, Forums • Online profiles • Hosting and sharing content • Online brand building • Secure online communication space • Video conferencing tools • Document automation and assembly systems and document libraries • Expert systems to advise decision making • Matching services to connect the user to a consumer Stephanie L. Kimbro - Copyright (c) 2013
  • 5. From placeholders to conversations • Online marketing tools are a part of the online conversation around legal services. • Integrated with social media these tools expand the engagement. Stephanie L. Kimbro - Copyright (c) 2013
  • 6. Benefits for Lawyers Stephanie L. Kimbro - Copyright (c) 2013
  • 7. What about the risk?  Clients seeking online legal services will find and retain an online offering regardless.  Lawyers working with branded networks online may provide a safer, higher quality alternative. Like any chosen law practice management tool or advertising method, the attorney has the responsibility to research and understand the risks and to mitigate them appropriately. Stephanie L. Kimbro - Copyright (c) 2013
  • 8. Benefits for the Public Delivery Options Increase = Access Increases Stephanie L. Kimbro - Copyright (c) 2013
  • 9. Benefits for Innovators • Association with practitioners • Untapped market for online, personal legal services • An industry ripe for disruption Stephanie L. Kimbro - Copyright (c) 2013
  • 10. Barriers Exist • Lawyer Rules – UPL – Rule 7.2 (b) – Rule 5.3 – Supervision of Non-Lawyer Assistance – Rule 5.4 – Fee Sharing/Professional Independence of the Lawyer Stephanie L. Kimbro - Copyright (c) 2013
  • 11. Prepare for another Backlash • State Bar Monopoly on Referrals • Protectionists Stephanie L. Kimbro - Copyright (c) 2013
  • 12. Progress • Unbundling resolution passes ABA Model Rule 1.2(c) “A lawyer may limit the scope of the representation if the limitation is reasonable under the circumstances. Stephanie L. Kimbro - Copyright (c) 2013
  • 13. Future Study: Why does the legal profession have people of limited and modest means needing legal services at the same time we have out of work and under-employed lawyers? – How does the legal profession defy the laws of supply and demand? – Multidisciplinary – First Amendment Arguments (c) 2013 Stephanie L. Kimbro - Copyright
  • 14. Re-evaluate Assumptions • In a digital environment where there is a wealth of free content, what is misleading and what is solicitation? •Is it possible for regulators to interpret rules that will take into consideration lawyers’ collaboration with branded networks? •Should lawyers be regulated as service providers rather than professionals? Stephanie L. Kimbro - Copyright (c) 2013
  • 15. Healthy Competition Forces lawyers to tighten the value they provide to clients and be more flexible in using alternative and complementary delivery methods. Stephanie L. Kimbro - Copyright (c) 2013
  • 16. Focus on Best Practices For Working With Branded Networks Stephanie L. Kimbro - Copyright (c) 2013
  • 17. Future innovations in the delivery of legal services will include more applications to allow the public to directly interact with a lawyer online. Where are we?  How will lawyers work with branded networks as part of a marketing strategy?  Will lawyers unbundle legal services online?  Will lawyers learn best practices for using online marketing tools and delivering services online?  Is this a first step towards greater acceptance of ABS in the States? Stephanie L. Kimbro - Copyright (c) 2013
  • 18. Innovation in the delivery of legal services online is finally speeding up. Not working with branded networks decreases needed access to justice. Not including branded networks as part of the lawyer’s online marketing strategy is bad business. Stephanie L. Kimbro - Copyright (c) 2013