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The idea of this Toolbox is to pull together many of the more promising innovations in
outreach and delivery of legal services- especially those that may assist the lawyer seeking to
deliver services to the underserved client communities. We want to offer a user-friendly source
that will allow the busy practicing lawyer to efficiently learn about the innovations and move to
implementation of any tools that seem right for their practice.
On this page you will find a succinct description of each tool with a link to another page
where you can find more information about that particular tool. This format allows you to skim
through the various options more easily and dive into greater detail for any particular option that
seems promising for your practice and circumstances. That greater detail will typically include
a basic description of the concept, service, etc., the basic costs and benefits associated with each
tool, any ethics law red flags to consider, and suggested resources and next steps for the
attorney interested in implementing the tool into his or her practice.
The following concepts, technologies, and services may help you in the delivery of legal
services to underserved client communities by increasing your outreach, efficiency, and
productivity. The tools you will find here include:
1 This work was primarily authored by Laura Bunting, a Pitt Law grad and experienced lawyer serving as the Innovation Fellow
at the Pitt Legal Services Incubator at the University of Pittsburgh School of Law. Primary funding for this project came from the
American Bar Associations 2014 Catalyst Grant to the Incubator. We thank the ABA for their generous support for the work.
Online research tools;
Software tools for practice, such as case management, client intake, conflict
checks, virtual document filing, and project management software;
2
Table of Contents
I. Shifting Traditional Legal Work from the Attorney to the Client .................................................................................... 4
A. Unbundled Legal Services - the Basics .............................................................................................................................. 4
1. Coaching........................................................................................................................................................................ 5
2. Limited Assistance ........................................................................................................................................................ 7
3. Ghostwriting .................................................................................................................................................................. 8
4. Attorney as a Conduit for Available Resources for Pro Se Litigants ........................................................................... 10
II. Internet Tools for Client Outreach .................................................................................................................................... 12
A. Static Websites and the Platforms/Tools to Create Your Own...................................................................................... 12
B. Social Media, Blogs, etc. .................................................................................................................................................. 15
C. Established Client Outreach Platforms ............................................................................................................................. 17
1. AVVO ......................................................................................................................................................................... 17
2. LinkedIn ...................................................................................................................................................................... 19
III. Internet Tools for Performing/Delivering Services .......................................................................................................... 21
A. Interactive Websites- Referrals, Intake, Forms, etc. ......................................................................................................... 21
1. Online Referral Websites............................................................................................................................................. 21
2. Client Screening .......................................................................................................................................................... 23
3. Calendaring ................................................................................................................................................................. 24
4. Pop-up Forms .............................................................................................................................................................. 25
B. Online Legal Research Tools ........................................................................................................................................... 26
IV. Software Tools for Practice ................................................................................................................................................ 29
A. Case Management Software ............................................................................................................................................. 31
B. Conflicts Check Software ................................................................................................................................................. 34
C. Virtual Document Filing Systems .................................................................................................................................... 35
D. Project Management Software/Apps ................................................................................................................................ 36
1. To Do Lists: ................................................................................................................................................................. 37
2. Time-tracking Apps Specifically for Attorneys: .......................................................................................................... 38
V. Innovations in Pricing ......................................................................................................................................................... 39
A. Subscription Fees ............................................................................................................................................................. 39
B. Consider Other Forms of Pricing...................................................................................................................................... 41
VI. Alternatives to the Conventional Law Firm Structure and the Traditional Law Offices ............................................. 42
A. Non-profit Law Firms ...................................................................................................................................................... 42
B. Collaborative Work Spaces .............................................................................................................................................. 43
3
I. Shifting Traditional Legal Work from the
Attorney to the Client
Legal research
Coaching on strategy
Role playing
Negotiating
Preparing exhibits
Collaborative lawyering
(Source:http://iaals.du.edu/sites/default/files/documents/publications/a_guide_for_lawyers.pdf)
4
Unbundling is also referred to as limited-scope services, a la carte legal services, discrete
task representation, and disaggregated legal services. Unbundling is governed by Model Rule of
Professional Conduct 1.2(c) Scope of Representation and Allocation of Authority Between
Attorney and Client.
Various states have adopted this model rule, for example, Pennsylvania, which also
provides a specific rule for non-profit and court-appointed limited legal services programs.
Unbundled legal services helps make legal representation more affordable because an attorney is
only performing necessary legal work. Therefore, unbundled legal services can narrow the gap
between those who can afford legal representation and those who cannot. The increased number
of individuals who can afford legal services expands the potential client base for attorneys. The
ABA has a state-by-state list of rules re unbundled legal services.
The client does not have the time to put into educating themselves and effectively
handling the tasks that the client needs to do; or
The client is exposed to criminal liability as the use of unbundled legal services in
criminal matters may give rise to a claim for ineffective assistance of counsel, in
violation of the Sixth Amendment
1. Coaching
Description: Legal coaching is based on the concept of the attorney as a counselor at
law, and refers to the process whereby an attorney provides a client with his or her advice and
knowledge, rather than performing concrete tasks, such as drafting documents. Common
coaching topics include court procedures and courtroom behavior, and litigation and negotiation
strategy. Coaching can be utilized as a discrete service, but is also incorporated into most forms
of unbundled legal services.
Benefits of coaching:
5
o applicable time period and the important steps in the process; and
May complement many attorneys practices because the service can be provided
primarily via the telephone, email, or videoconferencing services, at hours set by
the attorney
Increased potential client pool for individuals who need legal advice but prefer to
undertake the task themselves or represent themselves (if matter is in litigation)
A potential client may not understand which facts or details are important or
potentially relevant to his or her situation. Therefore, an in-depth intake process is
necessary for effective coaching.
An attorney coaching a client must be adept at issue spotting so that the advice is
tailored to assist the client.
An attorney must be able to inform his or her client of the potential outcomes, and
manage client expectations in a way that the client understands.
A client who does not heed the attorneys advice may compound legal issues,
which could have been resolved with less time and money if the attorney provided
a more hands on representation.
Samples/links:
The Alabama Family Law Center, a private law firm, provides a detailed description of
coaching services.
The United States District Court for the Western District of Pennsylvania provides a pro
bono counsel program for pro se clients in mediation, which accepts attorney volunteers.
More information:
Coaching often relies on a good interpersonal relationship with the client. This article
reminds attorneys that providing an individual with confidence is an important step, along with
four other coaching tips for attorneys.
6
2. Limited Assistance
Description: Traditionally, an attorney would enter his or her appearance in a case, which
signified to the client, the opposing party, opposing counsel, and the court that he or she was
responsible for all stages of the matter. Limited assistance usually refers to representation by an
attorney solely during an in-person court proceeding, which may be only a portion of the case or
legal dispute.
An attorney may have to decline limited representation cases if the potential client
contacts the attorney on short notice and the hearing cannot be postponed
Preparation for a hearing, even if routine and short, may be extensive, as the
attorney needs to be prepared.
Samples/links:
Any attorney considering adding limited appearances to the list of unbundled offerings
should consult the applicable states ethical rules and the rules and procedures for the
jurisdiction. States that have addressed limited appearances have taken several approaches,
including: permitting an attorney to notify the Court orally of his or her limited appearance
before the hearing (Nevada Rule 5.28); filing a written document setting forth the perimeters of
the attorneys representation (Wyoming Rule 102(a)(1)(C), Missouri Rule 55.03); or requiring
the use of court forms to enter a limited appearance (California Rule 3.36, Arizona Rule of
Family Law Procedure 9(b)).
7
Pennsylvania Bar Association Advisory Opinion 2011-100 addresses the ethical
obligations of an attorney in a limited scope agreement.
The Kansas Court provides a sample form, which is required to be filed in cases where an
attorney is entering his or her limited appearance. California and Arizona (Rule 97-Form 1) also
provides a required Court form online.
Limited assistance may be provided in an appeal case. For example, the United States
Court of Appeals for the Third Circuit has authorized up to $1,000 for specified expenses for pro
bono counsel to encourage representation for otherwise pro se appellants or appellees.
Legal You, a Florida-based law firm, provides a great deal of information on its
unbundled services.
More information:
The American Bar Association provides a state-by-state list of the rules governing
unbundled services, including limited appearances, as well as a Handbook on Limited Assistance.
3. Ghostwriting
Description: Ghostwriting is another form of unbundled legal services. In its strictest
form, ghostwriting is where an attorney drafts a document for a client to be submitted to a
tribunal, but does not sign his or her name or otherwise make others aware that he or she is
involved in the matter.
Benefits of Ghostwriting:
If done correctly, the attorney is able to limit her responsibility and avoid entering
an appearance and assuming responsibility for the entire matter; client in turn is
thus able to pay only for the ghostwriting services needed.
Client may be already familiar with the concept of the attorney drafting a
document on their behalf, e.g., wills, contracts.
8
unrepresented. See Duran v. Carris, 238 F.3d 13268 (10th Cir. 2001), In re Liu,
664 F.3d 367 (2d Cir. 2011)
There are at least three distinct matters to consider when ghostwriting a document:
In any form of legal representation, an attorney necessarily relies a great deal on his or
her client to provide the facts that may set forth the basis a potential legal claim or defense.
Nonetheless, the attorney may have ethical obligations to confirm these facts to the extent
possible, including when ghostwriting. For example, procedural and ethics law generally
prohibits an attorney from bringing or defending a proceeding unless there is a basis in law and
fact for doing so that is not frivolous. Some states have directly addressed this obligation in
ghostwriting situations, including Alabama, which allows an attorney to rely on the otherwise
unrepresented partys representation of the facts, unless the attorney has reason to believe the
representations are false or materially insufficient.
Is the attorney required to reveal his or her role in drafting the document to the Court?
In other jurisdictions, the only requirement is to inform the Court that the litigant was
assisted by an attorney in drafting the pleading, without identifying the attorney. See for
example, Alabama, Kansas, and New Hampshire. These requirements are likely designed to limit
the proposition that pro se litigants are generally given more leeway in pleadings to instances
where a party is truly unassisted. Some courts have found that ghostwriting is not permissible.
See Delso v. Trustees for the Retirement Plan for the Hourly Employees of Merck & Co., Inc.
(D.NJ. March 6, 2007)
(available at:
https://scholar.google.com/scholar_case?case=7007701358048101134&q=%22delso+v.+trustees%22&hl=en&as_sd
t=3,44).
Other courts have explicitly excused attorneys from any obligation to disclose his or her
drafting, including California Family Court, Rule 5.425 Limited Scope Representation;
Application of Rules. Missouris Supreme Court Rules also provide that an attorney who assisted
in the preparation of a pleading, motion, or other filing for an otherwise self-represented person
is not required to sign the document. The Utah State Bar issued an Advisory Opinion (No. 08-
9
01) opining that a lawyer may provide assistance with written submissions without disclosing
such assistance.
The obligation to sign pleadings may result in an entry of appearance. Several states have
created an exception to blanket entries of appearances and provide that an attorney who is
providing limited services does not have an obligation to provide more expanded services than
he or she agreed to provide. For example, Wyoming Rule 102, Iowa 1.423(3), and Nebraska 3-
501.2(c).
Samples/links:
More information:
This paper by the American Bar Association summarizes applicable rules for unbundled
legal services, including ghostwriting, at pages 16-17.
For the attorney, this initial minimal assistance could lead to further work with the
client.
10
To the extent this assistance leads to more effective use of these pathways, courts
and other governmental or community actors might expand these services.
Attorneys must be careful to use engagement agreements that make clear the very
limited nature of the assistance being rendered.
Clients may struggle to use these pathways. For example, most self-help centers
explicitly state that they do not give legal advice and will thus be unable to
answer questions a pro se litigant might have.
Samples/links:
Many self-help centers offer a great deal of information online, some of which is more
generally useful and not simply specific to its jurisdiction. Consult the following for examples:
The Maryland State Law Library runs the Peoples Law Library of Maryland,
which provides legal self-help in over a dozen areas.
Other centers focus on specific areas of the law, such as the Allegheny County Family
Division Self-Help Center.
More information:
LawHelp.org
ProBono.net
o Provides resources for attorneys who are interested in low bono and pro
bono representation, including web-trainings
11
II. Internet Tools for Client Outreach
The Internet provides creative and low-cost opportunities for attorneys to market
themselves to a broad audience. However, a substantial proportion of small and solo firms do not
have a website or Internet presence, which limits client outreach. The following information
provides information on how to develop a website, and other Internet-based client outreach
options.
Clients are more likely to hire an attorney who can be found online
Risk of creating a bad impression for potential clients or other attorneys because
of an unprofessional website
12
client relationship is intended with website visitors and no
legal advice will be given through the website; the
attorneys email signature line should also have a
disclaimer addressing confidentiality.
A website that does not have a submission feature (ex. a
text box where the visitor can submit a question) likely
lessens the risk of an unintended attorney-client
relationship.
7.1 Communication Concerning a Lawyers Services
Samples/links:
Creating a website requires: a domain (the specific web address the user inputs to access
the website), a host (the service that enables the content to be viewed on the internet), and
software (how information is designed and appears on the domain), plus content. The easiest way
13
for a beginner to set-up a website is by using a service that provides the domain, hosts the
website, and has ready-made templates and other designs.
Blogger
A Google product
WordPress
PC Magazine has reviewed and compared its Top 10 Website Builders for 2017 and is a
good resource to compare providers.
Generally, the user of website builders first searches for a domain name for the website,
in order to determine if the desired web address is available. If the name is not available (because
it is registered with the official registry of domains), the user can create other domain names, and
may use any name that is not already registered.
Next, the user may choose a template, which will shape how the website appears. The
template design will include specific areas for the user to input text, photo, or video to create
their website. The user adds content and once complete, publishes the website using the services
hosting feature. The user may edit the website using the service, and may also track visitor
analytics (ex. where visitor is located, accessed from laptop or mobile device, most popular
pages on the website etc.) and use the data to increase visitors.
Maintaining a website
Ensure that the website works on various platforms, such as mobile and tablets
Consider search engine optimization (SEO) so that the website is more easily
searchable
Add the website domain name to business cards, letterhead, email signature so
that traffic increases
Note that interactive features, such as videos, encourage deeper engagement with
a legal website than photographs alone
(Source:http://www.americanbar.org/groups/departments_offices/legal_technology_resou
rces/resources/charts_fyis/websitefyi.html)
More information:
14
American Bar Associations Standing Committee on Ethics and Professional
Responsibilitys Formal Opinion 10-457 on Lawyer Websites.
Google Console is a free service to optimize a websites online presence. It can be used
to track views and may provide important information on whats effective on the website and
whats not. It has been reviewed by the American Bar Associations Legal Technology Today
blog.
LinkedIn provides advice on how to use your website to attract more clients.
Reach an existing audience, such as current and former clients, colleagues, and
personal connections
15
and has been interpreted to encompass all aspects of
representation, including even the fact that the attorney represents
the client. See Nevada Formal Opinion 09-411, in which the
identity of an individual as a person represented by the attorney
was found to be confidential.
Therefore, an attorney may not use client names to highlight recent
successes in a blog post, etc. unless the client consents.
Attorneys should highlight successful results through
representative matters that do not include any identifying client
information (for example,. defeated a motion for summary
judgment on a claim for retaliation under the Americans with
Disabilities Act for an employee).
Samples/links:
Blogs
Consider Google Alerts to set-up prompts for specific lawyers or law firms, important
cases, a specialized area of the law, etc. to keep informed. Once a Google Alert is created, the
user will receive an email when the requested search term(s) have new results in the search
engine. For example, newspaper articles, blog posts, etc., allowing the user to be current on new
developments.
More information:
16
The American Bar Associations Legal Resource Technology Center offers significant
resources in its Social Media for Lawyers page.
The Law Technology Today Blog offers information and development news on
beneficial technology for attorneys, including social media.
The Pennsylvania Bar Association addresses ethical obligations for attorneys using social
mediation in its Formal Opinion 2014-300.
Attorneys have measured control over their ratings through adding information to
the profile such as work experience, speaking engagements, and awards, and
receiving peer endorsements increases an attorneys rating
AVVO has been sued by attorneys, who claim that its ratings are not legitimate
o AVVO will remove the attorneys rating on his or her profile if requested
and the attorney has not been disciplined, but the profile will not be
removed
17
An attorney must not respond to a negative review in a manner that violates the
rules of professional conduct, including confidentiality obligations. Attorneys
must be mindful of the duty to keep information pertaining to his or her
representation confidential, unless the client gives informed consent, or certain
exceptions apply. See Model Rule of Professional Conduct 1.6. An attorney may
not reveal confidential information in responding to a clients review. Therefore,
it is recommended that an attorney respond with a statement that does not address
the clients identity, the scope or his or her representation, or any specific
accusations, such as:
o See:
More information:
18
AVVO also has question forums. It is free to participate, and there is anecdotal evidence
that participation in the forum has increased client referrals.
2. LinkedIn
Description: LinkedIn is a networking tool to find professional connections, allowing
participants to recommend job candidates, and interact with industry experts and business
partners. Users can endorse others for skills across industries, including litigation, legal
research, etc.
A clear profile can be helpful for building name recognition for a practice or for
an attorney in a particular area of law
Join groups relevant to your practice, such as bar associations, substantive law
forums, etc.
Endorsements from other users may violate Model Rule of Professional Conduct
7.1 Communications Concerning a Lawyers Services. For example, a user may
endorse an attorney for litigation. If the attorney is in fact not an experienced
litigator, the attorney must not accept that endorsement. Further, the endorsement
could also be seen to imply that the attorney is certified in litigation, in violation
of Rule 7.4 Communication of Fields of Practice and Specialization.
Samples/links:
19
Trellis, a Pittsburgh-based law firm, incorporates links to its LinkedIn page at the bottom
of each webpage.
LinkedIn also has company pages, which an attorney can utilize to promote his or her law
firm.
More information:
The New York County Lawyers Association Professional Ethics Committee has opined
that an attorneys LinkedIn page may constitute attorney advertising, and may violate ethical
rules if the profile includes inaccurate or misleading information, such as the attorneys area of
practice, etc. Therefore, an attorney should not incorporate anything that is false or misleading
into his or her profile, or allow others to do so on his or her profile through endorsements, or
testimonials. For example, not removing an endorsement from a user in an area of law in which
the attorney has no experience, would be a violation of the prohibition on false or misleading
communications. See Model Rule of Professional Conduct 7.1 and 7.2 Advertising, which
incorporates Rule 7.1 and 7.3 Direct Contact with Prospective Clients.
The American Bar Associations Law Practice Today offers a LinkedIn marketing plan
for attorneys.
20
III. Internet Tools for Performing/Delivering Services
Attorney with sufficient referrals from online services can devote time and
resources to other outreach efforts
Online referral services may not be subject to any oversight, especially if not
certified by the American Bar Association
21
o See the Pennsylvania Bar Associations Legal Ethics and Professional
Responsibility Committees Formal Opinion 2016-200
Samples/links:
Bidding on online legal services through crowdsourcing has been covered by the
New York Times
o Legal Services Link, lists attorneys who pay $250 a year to the site, to
respond to potential clients with a proposal of services and estimated fee
structure
22
o An example of this model is LegalQuestion
Bar Associations often offer attorneys the ability to participate in lawyer referral
programs, including interactive websites. Other bar associations, such as the Allegheny County
Bar Association, offer online and telephone referral services.
2. Client Screening
Description: In many ways, screening clients is one of the most important (and time
consuming) aspects of an attorneys practice. Technology can be used to streamline the process,
and ensure that potential clients are undertaking the majority of the work to provide the attorney
with needed information to screen clients.
An attorney can spend time that would be spent on traditional screening finding
new clients or working on substantive matters, which increases his or her
efficiency and allows for lesser rates while still maintaining financial
sustainability
A best practice is to provide client intake forms directly on the firms website.
Review of the form by potential clients will focus their inquiries, and an attorney
can easily direct an individual to the form for completion, rather than expending
significant amounts of time conducting in-person or telephone screening calls
If screening is too rigorous, an attorney may lose out on potential clients, who are
already interested in the attorneys services
If screening is not robust enough, the attorney may accept cases that do not have a
high likelihood of success and have a substantial risk of low client satisfaction
23
Samples/links:
These law firms provide sample intake forms in various areas of the law, which are
available to potential clients to download and send to the firms, or to complete and submit
directly through the website:
The State Bar of Georgia is an excellent resource for intake questionnaires and sample
forms.
The Michigan State Bar also provides examples of new client screening intake forms and
a helpful intake checklist.
More information:
Client intake software is included in many case management software systems. Separate
client intake software options include Lexicata.
Also consider making a custom form to incorporate on a website, blog, etc. Wufoo is a
web-based form-creating app. It can be used to create forms and embed them in websites or send
out links for people to fill in. Zapier is a web automation app that allows apps to work together,
including sharing information across apps. TheFormTool can be used to automate
documentation, including intake documentation, and initial documents, such as a complaint. This
article provides simple step-by-step instructions on how to build a client intake form onto an
iPad or website, which can be transferred to case management and other software.
Practitioners may find Slack helpful when communicating with clients and potential
clients during intake, or amongst other members of the firm. Slack is a free communication
application, which allows users to create threads of communication based upon specific project
(or case), direct message with invited team members, and easily transition from messaging to
audio or visual messaging without the need to schedule a set time or send invites.
3. Calendaring
Description: Attorneys can efficiently schedule client and other meetings using
technology, rather than emailing availability to each individual.
24
Save time when scheduling appointments
Potential clients may not be familiar with calendar software and may not utilize
the option
o Risk of conflicts may be reduced when the user synchs calendaring app
with other calendar system, for example, GoogleCalendar
Not all apps require that the user (the attorney who set-up the feature) confirm the
appointment before it is scheduled
Samples/links:
The Trellis law firm allows an individual to book an appointment through its website
after participating in an interactive fee estimate.
More information:
Calendly allows a user to set availability and potential clients can view the users
calendar and directly book an appointment.
Schedule Thing also allows individuals to schedule appointments, based on the attorneys
availability.
4. Pop-up Forms
Description: Website features permit pop-ups so that a visitor to the website may
automatically enroll in a newsletter, submit contact information for a consultation, etc.
25
Users who choose to opt-in with a pop-up can be contacted in the future
Samples/links:
Trellis, a Pittsburgh-based law firm, has a website that features several pop-ups,
including a prompt to sign-up for its newsletter.
More information:
Reduction in overhead allows lower rates for servicing the low bono clients
Accuracy of current case history depends on the source and varies by resource
Increased time spent consulting multiple sites, rather than one centralized
resource
26
Samples/links:
Primary Sources:
LexisNexis
LouisLawConnect
o excellent starting point for state legal opinions; many are available in PDF
form
Congress.gov
Google Scholar
FindLaw
GetLegal
o provides access to U.S. federal materials including the full text of the U.S.
Code and opinions of the U.S. Supreme Court, Court rules, CFR and
27
additional federal materials. The site also offers quick links to the current
authoritative versions of the state statutes, constitution, regulations and
court rules
USA.gov
o one-stop access to all online U.S. government resources (local, state and
federal); includes topical arrangements, a useful A-Z list of government
agencies and departments and Spanish translation of several web pages
Justia
o created with the mission to advance the availability of legal resources for
the benefit of society. The site provides free access to case law, codes,
regulations, legal articles and legal blog databases. The company also
publishes a variety of free newsletters, including daily opinion summaries
for all Federal Appellate and State Supreme Courts and weekly opinion
summaries on a wide range of practice areas, essentially from A
(Agriculture Law) to Z (Zoning and Land Use)
More information:
Articles from Harvard Law School Library and George Mason University Law School
provide information and links to further free legal resources.
28
IV. Software Tools for Practice
Description: Software applications are rapidly changing and new products are regularly
available. It can be very time consuming to determine whether to utilize software tools and, if so,
which software is best for the practice. First, determine whether the practice has a need for
software (consider, personal work style, amount of cases, funds available), and then consider
available options, and whether an all-inclusive case management software system or
individualized apps would be most beneficial.
Although many quality apps are free or low-cost, many versions have an
associated cost, or there is a charge for advanced versions
Samples/links:
o Attorneys practicing in solo and small firms are also business owners and
need to remit their time for payment and collecting debts. These services
allow attorneys to spend more time practicing law, rather than tracking
time, billing clients, and finalizing accounts.
o Examples:
29
Timeslips
Ebillity
PCLaw (LexisNexis)
Bill4Time
Freshbooks
Electronic Signatures
o Saves time for attorneys and his or her clients because in-person meetings
are not required to execute a document; best used for representation
documents because many courts and agencies require an original signature
for filings
o Examples:
Document management
o Examples:
iManage
MyCase
Uptime LegalWorks
Worldox
Capterra offers an interactive list of legal document management
software
o These services act as a second form of protection for documents, and save
data for disaster recovery purposes
o Examples:
Remote access
30
o Services allow an individual to access everything on his or her physical
computer, including the desktop and files, as if physically in front of the
accessed computer through another computer using a network connection;
remote access is a good alternative to cloud-based storage and is thought
by some to be more secure
o Examples:
Go To My PC
TeamViewer
Review of 16 Free Remote Access Software Tools
o Examples:
More information:
This article by the American Bar Associations Law Practice Magazine outlines several
options available for each of these categories, and includes links to each of the services.
The American Bar Associations Law Technology Today blog provides a substantial
amount of information on each of the aforementioned categories of software.
The American Bar Association has a helpful paper on improving the delivery of legal
services through the Internet.
Features and functions of all-inclusive case management software include (note that
many of these features are available in separate apps):
Case Management
31
Document Assembly
Contact Management
o Tracks, logs, and stores details about phone calls, e-mails, and other
correspondence; callback reminders
o Tracks billable time; generates client invoices; links to time tracking and
accounting programs; creates reports for individual billing attorneys
(Source (modified from):
http://www.americanbar.org/groups/departments_offices/legal_technology_resources/resources/charts_fyis/casemana
gementcomparison.html)
Ease of entry
Recurring tasks
Multi-List capable
GTD functionality
32
o System should be able to able to catalogue notes on each matter and
archive emails, including attachments into separate files for individual
clients/cases
The convenience and efficiency of one centralized resource for the administration
of an attorneys practice, rather than individual applications
33
Samples/links:
Clio
Houdini Esq.
MyCase
Total Attorneys
AdvoLogix
Rocket Matter
More information:
Information is available from the American Bar Association on ethics and cybersecurity
and an attorneys obligations to protect client data.
The American Bar Association has provided an Appendix of Case Management Software
and Timing and Billing Applications and also provides an interactive Legal Technology Buyers
Guide, which features a large variety of types of software.
34
Conflict check will only be accurate if information inputted is complete and
accurately reflects all individuals to whom an attorney may owe ethical
obligations
Samples/links:
Conflict Check
RTG
More information:
Even if software is not utilized, remember that the key to a successful conflicts checks is
through:
Everyone in the firm is trained in the procedure and involved in the system.
(Source:http://www.americanbar.org/content/newsletter/publications/law_trends_news_practice_area_e_newsletter_h
ome/conflictchecking.html)
Attorneys can work on files remotely, for example while waiting for a court
proceeding to begin
Samples/links:
Google Drive is an option for attorneys to save files, share with colleagues, etc.
Dropbox allows for 2 gigabytes of free online storage as well as file sharing and
synchronization services
More information:
If used properly, these tools can streamline the business side of practicing law
The usefulness of these tools depend largely on the individual users personality
and work habits
36
Some users may find that these tools are stressful and may become overwhelmed
by lists
Samples/links:
1. To Do Lists:
As the volume of practice increases, to do lists allow an attorney to track deadlines, etc.
Lists also help attorneys prioritize their time and break time into manageable chunks.
Remember the Milk, often just called RTM, is a web-based tool for managing tasks.
Users can enter tasks with specific due dates, tag them for easy organization, and set up
reminders via email, text or instant message. The task lists can be accessed anywhere an Internet
connection is available, and mobile apps are available for the iPad, iPhone, iPod Touch and
Android. RTM also integrates with popular email tools like Gmail and Outlook.
Todoist
Todoist is another web-based task manager that's designed to be fast and intuitive. It
includes built-in calendaring features that allow users to set due dates and establish recurring
tasks, as well as create subprojects and subtasks to better organize their to-do list. Integration is
offered for Gmail, Outlook, Firefox and Chrome.
Outlook Tasks
The task management features in Microsoft Outlook are often overlooked but are
convenient for those already familiar with the mail program or uninterested in moving their tasks
to the cloud. Because the features are built in, they integrate seamlessly with other elements of
the application. For example, right-click on an email and flag it for follow up in a week, and
youve automatically created a new item on your to-do list.
Google Tasks
Google Tasks is a relatively bare-bones task manager thats built into Gmail. Users can
convert emails into tasks, set due dates on tasks to have them automatically loaded into Google
Calendar, and access the tasks from the web, mobile devices and even an iGoogle homepage.
Google Tasks is a free offering, as are Gmail and Google Calendar.
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(Modified from:
http://www.americanbar.org/groups/departments_offices/legal_technology_resources/resources/articles/youraba0711.
html)
Another option is OmniFocus, which is designed to parallel the getting things done
methodology created by David Allen. OmniFocus permits a user to track items, calendar tasks,
and triage items by sorting and prioritizing items.
Tip: Remember security for all software, apps, and devices: Last Pass safely stores
passwords, allowing attorney to restrict access to documents.
iTimeKeep
Timewerks Pro
OfficeTime
More information:
The American Bar Association outlines five lessons attorneys can learn about project
management, including technology.
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V. Innovations in Pricing
A. Subscription Fees
Description: Subscription fees are part of a business model where a client pays for
ongoing access to an attorney. They are also known as: toll bridge agreements, prepaid legal, and
lawyer on retainer
document review
drafting contracts
demand letters
litigation
Attractive to clients who are already comfortable paying for services via
subscription (e.g., Netflix)
Saves time for the attorney, who does not have to track time or bill for services
A subscription fee arrangement can be pitched as pay now to save money later
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Overhead costs and administrative costs may be lower than other types of
representation as the attorney can generally repurpose materials for multiple
clients, and the majority of the interaction with clients will be via telephone or
electronic means
Dissatisfaction from clients who perceive that they are not receiving sufficient
services for their subscription
Reduced ability to turn off outside of traditional work hours for clients who
expect 24 hour access
A client is entitled to fire an attorney at any time for any reason. Therefore, a
client may fire an attorney who has expended a great deal of time during a certain
period of time, on the assumption that less work will be required in other months.
If so, the brief relationship may not have been profitable for the attorney
o See Model Rules of Professional Conduct 1.5 Fees and 1.16 Declining or
Terminating Representation
o The New York City Bar has issued a Formal Opinion 2015-2, opining that
non-refundable monthly retainer fees are not per se unethical, but must be
examined in each instance
Samples/links:
Variations include:
capping the number of hours a client can use services in a given month
More information:
The American Bar Associations guidance on ethically billing clients and being paid on
time, as well as negotiating fee agreements.
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B. Consider Other Forms of Pricing
Description: Potential clients increasingly pay for goods and services in new ways.
Attorneys should consider forms of pricing beyond the traditional contingency fees, hourly rates,
or non-flexible flat rates.
Low-income clients may not have a checking account. An attorney who accepts
non-traditional payment forms will be able to represent individuals who may not
otherwise be able to obtain legal services
Credit card fees are charged to the attorney by many providers, which decreases
profit
Samples/links:
A chart of pricing, including hourly rates and/or fixed fees, can provide a lot of
information in an easily accessible format directly on a website. The following is a helpful
example of a fee chart.
Some law firms offer a price estimate calculator. For example, Infinity Law Group, offers
a dropdown list of questions, which results in a customized estimate of legal fees. Simplicity
Law offers a list of representative work by price. Trellis Law Firm offers a three-step Legal
Unlocked interactive process.
Firms should consider incorporating interactive pricing features directly into the website.
The same firm offers an app, through iTunes, to allow a client to estimate potential legal costs.
The Laffey Matrix, which has been adopted by Courts in fee-shifting cases, is another
good resource when determining where to set hourly rates.
Hourly fees may also be set in individual cases based upon income. The Community
Lawyers of Iowa offers a calculator to provide an estimate of legal fees, which is based upon a
sliding-scale income schedule. Open Legal Services offers a chart, based upon income compared
to Federal poverty rates, to estimate hourly rates, and any discounts based upon income.
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VI. Alternatives to the Conventional Law Firm
Structure and the Traditional Law Offices
501(c)(3) status results in lower tax rates for the firm, for example, being exempt
from employment taxes, and allows the firm to accept donations to offset costs
Attorneys practicing at the firm may qualify for loan forgiveness under the Public
Service Loan Forgiveness Program
Potential to partner with local government and non-profit organizations for cross-
referrals, which expands the potential client base
Lessening self-representation
Preserving legal claims from those who would otherwise be unable to afford legal
representation, and therefore, would abandon their claims
Potential disadvantages:
Unfamiliarity of the non-profit law firm business model by attorneys and clients
Samples/links:
The following chart provides an example of hourly rates offered by a non-profit law firm,
based on annual income.
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(Open Legal Services http://openlegalservices.org/wp-content/uploads/2014/06/Hourly-Rate-Table2016_2.png)
More information:
The first known non-profit law firm was based the Open Legal Services, based in Utah.
Other examples include Access Justice in Minnesota (not currently offering services), and the
Chicago Legal Clinic. Non-profit law firms have received national coverage.
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Benefits and potential disadvantages of the tool with ethics flags:
May be more cost-effective than traditional office setting due to shared resources,
such as a receptionist, conference spaces, etc.
Interaction with potential clients from many different industries and backgrounds
in a mixed-industry work space
Networking opportunities
May be in an area that does not have a high concentration of attorneys or law
firms, broadening a potential client pool
Potential disadvantages:
Lack of privacy if the collaborative space does not provide discrete areas for users
(Model Rule of Professional Conduct 1.6 Confidentiality of Information)
Must ensure physical files and documents and the Internet connection are secure
Samples/links:
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Law Bank (Denver)
Other co-working spaces are female-focused, or are centered on a specific market, such
as start-ups.
More information:
Attorneys also practice in other non-traditional spaces, such as a coffee shop. Legal Grind
in California, offers initial consultations ($45 for 20 minutes) in coffee shops, or other locations
that are most convenient for clients. Other examples include law firms in yoga studios and a
barber shop.
Some attorneys have taken non-traditional work spaces to the next level and run wholly
virtual law practices. Axiom has a global presence, and all of its lawyers work remotely. The
virtual law practice has been addressed by the Pennsylvania Bar Associations Committee on
Legal Ethics and Professional Responsibility, in Formal Opinion 2010-200. The American Bar
Association has addressed various ethical treatment of virtual law offices.
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