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WSSFC Technology Track Session 11 Setting Up and Running a Remote Virtual Office Gregory J. Banchy Banchy Law Center LLC, Eau Claire Michael F. Brennan The Virtual Attorney, Grayslake, IL Link to Prezi Presentation included in this session: http://prezi.com/mer0rlsmwija/?utm_campaign=share&utm_medium=copy

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WSSFC Technology Track

Session 11

Setting Up and Running a

Remote Virtual Office

Gregory J. Banchy Banchy Law Center LLC, Eau Claire

Michael F. Brennan The Virtual Attorney, Grayslake, IL

Link to Prezi Presentation included in this session:

http://prezi.com/mer0rlsmwija/?utm_campaign=share&utm_medium=copy

1-Banchy & Brennan

SETTING UP AND RUNNING A REMOTE VIRTUAL LAW OFFICE

GREGORY J. BANCHY MICHAEL F. BRENNAN

BANCHY LAW CENTER, LLC THE VIRTUAL ATTORNEY

Introduction to virtual law practices and their use as law practice management platforms

Definition

Virtual Law Practice permits the attorney to interact with clients completely online through

technological means. This removes the need for a brick and mortal office and the costs

associated with one. The virtual law office also gives lawyers increased flexibility to work from

practically anywhere at any time. Cloud computing, storage and software enable the attorney to

essentially “bring the practice” on the road to anywhere with internet access. This in turn means:

a) lower costs for clients; b) enhanced accessibility; c) increased flexibility; and d) high-standard

legal service not otherwise seen online with businesses like Rocket Lawyer and Legal Zoom.

Virtual Law Offices can be defined any number of ways depending on who you ask. While

technology plays a central role in their operation, the reality is that most, if not all firms are

operating, at least in some sense, “virtually”. Whether it is the use of cloud-based document

storage or an SaaS (Software as a Service) accounting platform, like Intuit Quickbooks, most

firms incorporate at least some measure of “Virtual” functionality into their operations.

A 100% Virtual Law Office incorporates multiple virtual functions into a law firm model that

enables attorneys and support staff to access essential firm functions, documents and client files

at any time and from anywhere.

Common characteristics

Virtual Law Firms commonly possess most, if not all, of the following characteristics:

Lack of a traditional office space

Secure Web-based client portal with

unique client login credentials***

Cloud document storage and access

SaaS Accounting, Billing, Invoicing,

Bookkeeping, Calendaring, etc.

Video Conferencing and real time

document collaboration

Electronic signature capabilities

Unbundled, Limited Scope or “a la

carte” legal services

Web-based phone and fax services

Document Automation

Virtual support services

Minimal in-person contact with

clients

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Benefits

Virtual Law Firms offer a number of benefits to both the client and the attorney.

These include: Extensive geographical reach

Lean operations and operational flexibility

24 hour accessibility to files and records from anywhere with an internet connection

Scheduling flexibility

Minimal operational expense and low overhead which can be converted into more

attractive client pricing

Client flexibility to work with the attorney from their home or work during traditional or

non-traditional work hours when it fits into their daily routine

Draw-backs

While the virtual model offers a number of benefits, it does have some limitations which must be

considered when determining how the firm should be structured. Limitations of the virtual model

include:

Limitations on the types of services the firm can effectively provide.

Public and potential client unfamiliarity with the virtual firm structure and its benefits

Confusion with other “quasi-legal” companies like Rocket Lawyer and Legal Zoom

Professional isolation

Potentially challenging to find confidence in a virtual model if the attorney is not

proficient in current technology

Traditionally a high-volume model which means that marketing needs to be a primary

focus

Client Acquisition and Target Market

Virtual Law Firms can find success by focusing on marketing to potential clients from some non-

traditional target demographics. For example, a Virtual Law Office may find success by

developing a marketing strategy geared towards the acquisition of:

Young families and young professionals with limited flexibility to meet with attorneys

during traditional business hours.

Entrepreneurial types, startups, technology-themed small businesses in fields like

ecommerce, app development, web design and consulting, etc.

Pro Se litigants needing legal assistance in the drafting of court documents in areas like

family law and divorce.

Technologically fluent individuals who prefer to work through online means.

3-Banchy & Brennan

How to spot ethical issues specific to virtual law offices and potential ways to mitigate such

risks.

Operating a Virtual Law Office can be an ethical minefield if ethical issues are not identified and

procedures not put in place before problems arise. Ethical issues common to Virtual Law Offices

commonly fall into one of three primary areas: 1) unbundling legal services and limited scope

representation, 2) cloud computing, storage and security, and 3) the unauthorized practice of law.

Unbundling and limited representation

“A lawyer may limit the scope of the representation if the limitation is reasonable under the

circumstances and the client gives informed consent.” SRC 20:1.2(c).

ABA comment (emphasis in italics added): Although this Rule affords the lawyer and client

substantial latitude to limit the representation, the limitation must be reasonable under the

circumstances. If, for example, a client's objective is limited to securing general information

about the law the client needs in order to handle a common and typically uncomplicated legal

problem, the lawyer and client may agree that the lawyer's services will be limited to a brief

telephone consultation. Such a limitation, however, would not be reasonable if the time allotted

was not sufficient to yield advice upon which the client could rely. Although an agreement for

a limited representation does not exempt a lawyer from the duty to provide competent

representation, the limitation is a factor to be considered when determining the legal

knowledge, skill, thoroughness and preparation reasonably necessary for the

representation.

Virtual practitioners should articulate best practices and develop standard operating

procedures for determining the scope of representation and ensuring that the client

understands that scope.

Engagement letters should specifically set out what the attorney will and will not do for

the client.

Clients should be given ample opportunity to ask questions about processes and the

extent of work that may be necessary in their particular case so that the client is fully

informed of the tasks he or she may need to undertake outside of the attorney’s

representation on the matter.

o For example, a virtual lawyer preparing a will for a client must make clear that the

document needs to be executed in a specific matter in order to be valid. If the

attorney is not supervising or coordinating the document execution, it is good

practice to put that limitation in writing, explain the limitation to the client and

require the client to consent to the limitation in writing.

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Cloud computing, storage and security

Cloud computing and data/document storage is a central component of Virtual Law Office

operation. While it offers tremendous flexibility for attorneys to work from anywhere at any

time, care must be taken in order to ensure that client confidentiality is upheld and security of

sensitive data remains a primary concern. Some hot spots for virtual practitioners to consider and

act on, as appropriate are:

Cloud service user agreements.

Physical and Technological Server Security. The attorney should be aware of where

data is physically kept, where the provider’s servers and data storage facilities are

located, the security measures the company takes to protect the data on its servers,

including physical and technological security.

National Server Location. Whether the servers are located within the United States.

Storage of data on non-US based servers may lead to unanticipated and unwanted legal

implications.

Data extraction and migration rights and capabilities. Will the firm be able to easily

extract data stored with the third party upon termination of the user contract? What

procedures are in place to give assurances that the process is effective?

Subpoena requests. Attorneys should inquire into what the company’s response to a

subpoena for the production of data would be.

Unauthorized Practice of Law and Conflict Checks

A primary benefit of the Virtual Law Office model is that it offers solo attorneys, or small groups

of attorneys, to expand their geographic reach. Through the internet, attorneys are capable of

serving clients located outside of their own region. While the potential for client base growth is

substantial, attorneys must be careful to ensure that they are only serving clients in areas in

which they are authorized to practice law.

Best practices should be developed to ensure that:

Mechanisms are in place to screen potential clients located outside of areas in which the

attorney(s) is licensed to provide legal services, and

Systems are developed that enable the firm to run conflict checks on new clients to

ensure that there is no conflict of interest

"How-tos" of virtual law office operation, including tools, techniques and case studies

A Virtual Law Office Case study | The Virtual Attorney

The Virtual Attorney was founded in 2010 as a 100% Virtual Law Office assisting clients

throughout Wisconsin, Illinois and Minnesota.

5-Banchy & Brennan

Services offered

The firm offers estate planning and business law services. However, it does not typically offer

complex estate planning unless special arrangements are made, nor does it take part in business

litigation, employment disputes, probate or estate litigation. Services are packaged and delivered

at flat rates, for example a “Will Package” which includes powers of attorney for health and

property, a living will, memorandum distributing tangible property, and estate information

organizer. Additional unbundled or “a la carte” services are available as add-ons, for example, a

document execution ceremony, in-person conferences, transfer of specific assets to trust, deed

drafting and filing, etc.

This model coincides with the target market of the firm- startups and entrepreneurs getting their

operations up and running, small businesses, young families with smaller estates and individuals

for which tax planning and complex estate distribution is not a concern.

Take Away: Like any law firm model, it is essential in the virtual legal world to define what

your deliverables and clients are going to be and are not going to be.

All services include:

o Free 30 minute initial consultation

o Drafting and sending of personalized engagement letter outlining services, rights and

responsibilities.

o Intake form and information gathering and analysis

o Routine emails, phone calls, video conferences, status updates, and other routine

communications directly related to the purchased services.

o Draft documents for review and sign off at which time a final executable document will

be provided.

o Unlimited modifications to draft documents.

o Letter explaining specifics of purchased services and documents.

o Detailed instructions on how to execute the purchased documents.

o Disengagement letter ending representation.

o Client satisfaction survey

Take Away: It is essential that Virtual Law Offices have a clear description of what their

services include due to the non-traditional billing structure that most follow (either flat fee or flat

fee with “a la carte” flat fee add on services).

Typical representation from start to finish

A flow chart of typical attorney-client involvement is included at the end of these materials.

What should be noted is the standardized model for attorney client communication. By

specifically defining the services the firm delivers to clients and billing at flat rates, the attorney

6-Banchy & Brennan

is able to add predictability to a typical representation which in turn enables the attorney to

standardize, calendar and track every matter in the same way.

Client Base

By operating virtually, the firm is able to serve clients throughout a large geographic region

without the additional cost and logistical complexity involved in travel. The firm in centralized

in Lake County, IL, half way between Milwaukee and Chicago but has clients from Springfield,

IL up through Duluth, MN. These clients are typically comfortable using technology, including

cloud-based software and video conferencing.

Take Away. Virtual practice enables a solo attorney, or small group of attorneys to serve a client

base spread throughout a large geographic area, even if the attorneys themselves are centrally

located.

Essential tools

Low overhead is a primary benefit of virtual practice. Essentially, the firm can be operated out of

a computer bag. Aside from the hardware listed below, all of these programs are cloud-based and

low-cost (in many cases free).

Hardware

HP Pavilion dv7 Notebook

IPad and IPhone for mobile

HP 2511x monitor for office work

Lexmark MX330 all in one for scan/fax/print

Practice management

Templates and intake forms. Standard intakes for estate planning, business formation,

etc. Templates are programmed into My Case practice management suite to automatically

populate documents, letters, etc. with personal information.

Calendaring. My Case calendaring with automated reminders programmed for tasks and

follow-ups.

Invoicing, payments and accounting. Itemized invoicing coordinated with My Case

client portal accessible suite. Duplicate invoice through Wave Accounting platform is

emailed to client with link to pay by credit card. Accounting through Wave Accounting

platform with Intuit Quickbooks for comprehensive bookkeeping. All invoicing,

accounting, payment processing and bookkeeping is cloud-based, accessible anywhere, at

any time and manageable by the attorney or internal support staff with general accounting

knowledge.

Client Communication

Video conferencing. Both Skype and Google Hangouts are used for client meetings

where face-to-face communication is important. These essentially take the place of in-

7-Banchy & Brennan

person sit downs. Both programs are free to use. The only necessary hardware is a

webcam.

Email. Used for very general communications and to welcome the client to the firm and

explain how to access and use the client portal, which then becomes the primary method

of communication.

Secure portal links. Each new client receives a unique username and password to access

his or her portal. The Virtual Attorney uses My Case (mycase.com), however, numerous

options are available for the virtual practitioner to explore (see Practice Management

Options).

Fax and.phone. These are still necessities in the virtual practitioner’s world, however,

cloud based options are available to enable the attorney to work away from the office.

(see Virtual Support Services)

Document Management

Docusign. Docusign enables the attorney to send items like engagement letters and

conflict waivers to clients for review and electronic signature, thus removing the

requirement for in-person meetings to sign these items and removing the hassle of

emailing, printing, signing, scanning back into the computer, and emailing back to the

attorney. With Docusign, template agreements can be stored and automated email

reminders can be programmed that alert clients to unsigned documents still awaiting their

signature.

Storage. The Virtual Attorney is a paperless* firm, so documents are all stored

electronically. Primary storage is cloud based through the My Case practice management

platform. My Case runs on Amazon servers, so data security is not a concern.

Backups and redundancy. All client and firm documents are backed up in two places- on

the computer hard drive and on external hard drive, so there are, at minimum, three

accessible copies of any given document, accessible both from the office, or remotely via

the cloud-based copy.

Take Away: A Virtual Law Office requires minimal hardware and software to run effectively.

The total monthly operational expense cost for what is summarized above (excluding licensing,

insurance, etc.) is less than $100 per attorney. Total initial hardware costs were less than $2,500.

Practice Management Options

The practice management suite is the essential hub for the Virtual Law Office. Practitioners have

a number of options, depending on which features are of primary concern. Traditional practice

management suites can work; however, those described below are commonly found in Virtual

Law Offices.

See the Practice Management Comparison for Virtual Law Offices chart at the end of these

materials.

8-Banchy & Brennan

Pricing

Unbundling legal services and providing services virtually are naturally geared towards the

potential incorporation of non-traditional billing models. Specifically, flat fee billing for

specified services or packages with the inclusion of flat-fee add-ons can be used to tailor a legal

solution to a specific client and his or her unique needs.

Base Packages. Standard packages that form a baseline solution for common client needs with a

flat rate cost. For example:

“Will Package for a Married Couple”

Will for each spouse (with the inclusion of a testamentary trust, if appropriate)

Power of Attorney for Health Care for each spouse

Power of Attorney for Property for each spouse

Living Will for each spouse

Memorandum Distributing Personal Property for each spouse

Estate Information Organizer for each spouse

Regular communications and document draft updates

Add On A La Carte Deliverables. The Base Plan is then tailored to include static cost additions

to meet the specific clients goals and objectives. For example, the addition of a revocable living

trust or a HIPAA release and authorization. A confidential and current pricing schedule is kept

within the firm which sets forth the specifics involved in the service add on and the cost. After

client consult, these are presented to the client as part of the engagement letter automatically, or

with the option to include them by initialing next to the described service. An example of an Add

On Service Schedule is included at the end of these materials along with a sample engagement

letter used for this type of service and pricing structure.

Environmental considerations

Internet Access.

Whether the office operates as a remote to a central office or as an independent standalone

“office” electronic access to resources is an important part of any virtual practice. Access to the

Internet can be provided by a use of one or more “leased lines”, which are private connections to

other locations such as a central office, or by use of high speed services provided by one or more

“ISPs” , or Internet Service Providers, or on an ad hoc basis. Ad hoc access might, for example,

include the use of dial up services or by use of wi-fi services at client locations or even public

facilities such as restaurants. High speed services are common in most areas of the country

today, and include options such as DSL and Cable. These services are usually contracted though

companies like AT&T, Charter, Time Warner and the like. In some smaller communities high

speed service may be limited, which may require the firm to use older (slower) technology such

as ISDN (or even dial access). Some providers, such as companies with cable offerings (like

9-Banchy & Brennan

Charter Communications), offer a range of service options. For example, Charter

Communications offers at least two different options – one they call “Plus”, which provides

access at up to 30 Mbps download and 4 Mbps upload, and one they call “ulta,” which provides

access at up to 100 Mbps download and 5 Mbps upload. The main differences are speed and

cost.

One of the primary issues that must be considered when choosing between different transmission

options is how much data will need to be sent or received (on average – it does not make sense to

plan just for the extremes). This often varies based on the type of work being done; do users

send one or two small documents at a time or large amounts of data? Also, how much delay,

sometimes known as “latency”, can the application/use tolerate? For example, if the line is being

used to support voice (VOIP), latency can be an issue – delays often cause bad connections or

echoing. Applications that utilize some type of database (e.g., SQL) expect updates within a

certain period of time and “time out” if the data is not delivered within predetermined

parameters. Thus, it is important to understand how the data connection will be utilized before

choosing an Internet provider or options available for the provider. Finally, in most cases, only

data should be exchanged over the Internet; loading programs (such as Microsoft Word) over the

Internet will almost never perform acceptably and should almost always be avoided unless

absolutely necessary. The only time it makes sense to run programs over a remote connection is

when the application is “web based” – applications that run in a web browser such as Google

Chrome or Microsoft Internet Explorer.

Remote Access Security and Use Policies - generally.

If the virtual office (e.g., maybe a user sitting at a restaurant) is connected to a central or other

remote office and needs to access and/or share data with that office, sensitive data is likely to be

exchanged at some point. If the connection is running over a public network like the Internet

(especially over public or semi-public wi-fi, such as at a restaurant or coffee shop), it is essential

that all data being sent back and forth be adequately protected. It is not enough to have access

passwords – these do nothing to protect the data in transit. Another user sitting in the same

general vicinity (e.g., another patron in the restaurant) can easily “see” the traffic and may be

able to intercept it without a person even being aware of what is happening. In establishing an

appropriate security policy for transmitting data over the Internet, consider including options

such as:

-Virtual private networking (VPNs)

-Encryption of data

-Digital certificates

-Firewalls (hardware and/or software)

10-Banchy & Brennan

Also, if access is from a small remote office, the “inside” network (where each group of

computers, printers and other peripherals are located) should have appropriate security measures

in place to secure wireless networks. Wireless networks typically broadcast their availability –

these signals can often be seen by others, even outside of a house or other building. Unless the

network is secure (use of WPA or WPA2 instead of WEP on wireless access points and routers),

it is possible for cyber thieves to get onto the network, possibly gaining access to sensitive data.

“WEP” (Wired Equivalent Privacy), for example, is fairly easy to “break” – there are programs

that are publically available for doing this – thieves can literally sit in a car outside of a building

(e.g., a person’s house), and gain access.

-Practice pointer – do not “broadcast” network SSIDs (Service Set Identifiers), if

possible.

Remote Access Security Policies - smartphones.

Many people use tablets and smartphones to receive emails and other forms of communication

potentially involving sensitive data. Security policies are important because these devices can be

stolen or lost, leaving the data in the hands of a potential cyber-thief. Policies should, at a

minimum, address issues such as:

-Password or passcode controls to open the device.

-The type of data being stored.

-How long it is kept (most email programs, for example can be set up to only retain email

for a day, week, month or other period).

-A method for securely encrypting sensitive data.

-A method for “wiping” the device clean remotely (or upon the occurrence of some event

– e.g., a certain number of unsuccessful login attempts).

Data Security and Integrity

Most organizations which maintain IT departments have rigorous controls in place on their data

networks because data is often the lifeblood of the organization. This is also true for lawyers,

who regularly maintain highly sensitive data on their firm’s computers, laptops and mobile

devices. This is true whether there are one or two lawyers in a small firm, or many more in a

large firm, and whether data is kept and/or accessed centrally or available to lawyers and staff at

remote (virtual) facilities. Regardless of where the data is stored, policies should be established

which deal with authentication, authorization and accounting – sometimes referred to as “AAA”.

-Authentication. Is the person attempting to gain access to the data who they claim to be?

Authentication provides a method for identifying a user, often by requiring the user to enter a

valid user name and password before access is granted. In order to achieve this objective it is

important that each user have a unique set of credentials for gaining access. Credentials should

11-Banchy & Brennan

not be shared, and passwords should be “strong” (hard to crack) and changed with some degree

of regularity. Also, passwords should not be kept on the computer (e.g., yellow sticky).

- Authorization. Control over what data a user can access and for what purpose. For

example, only certain users should have access to payroll data, and even fewer the right to

modify the data. To put it another way, authorization is the process of enforcing policies:

determining what types or qualities of activities, resources, or services a user can access.

Usually, authorization occurs within the context of authentication; once a user has been

authenticated, the system may limit what they are authorized to see or do.

-Accounting. Accounting keeps track of what users have accessed, changed or used, and

is typically carried out by logging of session statistics and usage information. If data is deleted,

for example, there should be a record of who did it, when and from which device. There should

also be a way of retrieving data lost through it being mistakenly deleted or changed – some sort

of backup is essential. Here is where cloud backup of certain data may be desirable.

Data integrity. Data integrity refers to processes and techniques for maintaining the accuracy of

data. The opposite of data integrity is data corruption. For example, payroll records, if changed,

can result in inaccurate payments to employees. The overall intent of any data integrity policy is

to ensure that the data is recorded exactly as intended (such as a database correctly rejecting

mutually exclusive updates) and upon later retrieval, ensuring it is still the same as it was when it

was originally recorded; in other words the goal is to prevent unintentional changes to

information. Problems related to data integrity can result from a variety of causes, including

malicious intent, unexpected hardware or software failures (e.g, a system crash during the middle

of an update), and good old human error. Even small office (a single remote user) must have

some checks and balances in place to maintain the integrity of their data.

Useful Tools for Virtual Law Office Operation

Virtual support services

Internet-based Phone Options

Skype (VOIP)(Skype.com) | Skype enables users to make video and voice calls to anyone

else with a Skype account for free from the computer or tablet/smartphone apps. Calls to

mobile phones and landlines are an additional charge ($3/month for unlimited domestic

calling). Webcam required for video calls.

Google Voice (routing and management) (Google.com/voice) | Free Internet based call

management and routing service. Customer number assignment, calls forwarded to cell

phone or office phone, voicemail transcriptions sent via text and/or email.

Internet Based Fax

My Fax (myfax.com) | Send and receive faxes through MyFax or via email, free fax

number, no need for a fax machine. As low as $10/month.

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Fax Zero (faxzero.com | Free service, but includes Fax Zero logo on the cover page

(removed for $1.99 per fax). Cannot receive faxes. Can link directly to PayPal account

for the payment of any necessary fees.

Hello Fax | (Hellofax.com) | Similar features to MyFax with additional functionality that

permits you to edit and sign fax documents online. Sign in using Google credentials and

sync faxes to Google Drive, DropBox, OneDrive or Evernote. $10/month for 300 pages

per month.

Virtual Receptionist

Ruby Receptionist (callruby.com) | Virtual receptionist services. Forward your own

phone number for use. Plans start at $249/month. Data collection instructions and

individual call forwarding instructions are customizable for each firm member. Overflow

support if phones aren’t initially answered in the office. Written messages sent by text or

email.

My Receptionist (myreceptionist.com) |Virtual receptionist services with optional add-on

services like online scheduling and booking. Plans start at $70/month.

Gabbyville (gabbyville.com) | Similar features to Ruby Receptionist with ability to select

hold music and coordinate conference calls via virtual receptionists. Plans start at

$99/month

Bookkeeping

Bench (Bench.co) | Professional bookkeepers, not just bookkeeping software. Connect

bank accounts to Bench for automatic transaction upload. In app feature allowing the

client to message directly with their bookkeeper. Access to bench is sharable with

additional parties, like your accountant. Plans start at $125/month.

Accounting and Billing

QuickBooks (quickbooks.intuit.com) | Cloud based option. Track sales and expenses, invoicing

and payment processing. Detailed reports. Industry standard for many small business

accountants. Account integration for automatic import of income and expense transactions. Links

to some practice management solutions, like MyCase. Plans start at $12.95/month.

Wave (Waveapps.com) | Free service. Simplified reports with less functionality than Quickbooks,

but more intuitive for those with less accounting and bookkeeping knowledge. Email based

invoicing and no monthly fee online credit card payment capabilities. One downside currently is

the system’s default towards accrual based accounting which requires some manual workarounds

if the firm is cash based.

Xero (Xero.com) | New cloud-based accounting platform with a very user-friendly layout.

Connection to hundreds of third party apps to allow cross-platform integration. Small plans start

at $9/month.

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Productivity and Storage

Dropbox (dropbox.com) | Cloud-based document storage and collaboration platform built for

easy access and sharing between multiple users. User-friendly apps for desktop, mobile and wed-

based users enable easy access and intuitive workflow. Two-step verification and password

control for added security of sensitive information. Plans start at $10/month per user.

SpiderOak (spideroak.com) | Cloud-based document storage. Zero-knowledge privacy policy

means that only the user, and not even SpiderOak has the ability to decrypt user data. User

controlled encryption passwords required to decrypt data. Spider Oak does not even keep record

of the keys (so if you lose it, it’s gone). Different encryption model than Dropbox in that Spider

Oak encrypts data before it leaves your computer. More limited feature set than Dropbox due to

heightened security. Free plan (2GB storage) or paid plan starting at $10/month

DocuSign (Docusign.com) |cloud based e-signature platform. Upload document drafts or utilize

in-system templates. Send to multiple users for signature. Dictate the required order of signatures

and include optional signatures or initials. Set user-specific reminders to ensure documents are

signed in a timely fashion. Plans start at $10/month.

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For additional resources on Virtual Law Offices, check out:

Book list additional reading

1. 1: Virtual Law Practice: How to Deliver Legal Services Online (Stephanie Kimbro)

2. Cloud Computing for Lawyers (Nicole Black)

3. Solo by Choice (Carolyn Elefant)

4. How to Start and Build a Law Practice (Jay Foonberg)

5. Information Security for Lawyers and Law Firms (Sharon D. Nelson, David Isom, John

Simek, editors)

6. Reinventing the Practice of Law (Luz Herrara)

Websites

1. elawyering.com- ABA elawyering section

2. virtuallawpractice.com- information regarding virtual law practice news from around the

country

3. Burton-Law LLC, Ohio, North Carolina (www.burton-law.com)

4. The Virtual Attorney, Wisconsin, Illinois, Minnesota (thevirtualattorney.com)

5. Hoeft Law, LLC , Wisconsin (hoeftlaw.com)

6. Rachel Rodgers Law Office, P.C., New York (rachelrodgerslaw.com)

7. Michigan Online Lawyer.com, Michigan (michiganonlinelawyer.com)

Suggested Electronic Reading

1. Guidelines for the Use of Cloud Computing in Law Practice, ABA eLawyering Task Force

2. Suggested Minimum Requirements for Law Firms Delivering Legal Services Online, ABA

eLawyering Task Force

3. Technology: The Ethics of Cloud-based Services, Petro Jr., Nerino, Wisconsin Lawyer

Volume 89 Number 5, September 2012.

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APPENDIX A: Ethics Rules relating to the Virtual Practice of Law; Selections from the

Wisconsin Statutes

Limiting the Scope of Representation

SCR 20:1.2 Scope of representation and allocation of authority between lawyer and client

(a) Subject to pars. (c) and (d), a lawyer shall abide by a client's decisions concerning the

objectives of representation and, as required by SCR 20:1.4, shall consult with the client as to the

means by which they are to be pursued. A lawyer may take such action on behalf of the client as

is impliedly authorized to carry out the representation. A lawyer shall abide by a client's decision

whether to settle a matter. In a criminal case or any proceeding that could result in deprivation of

liberty, the lawyer shall abide by the client's decision, after consultation with the lawyer, as to a

plea to be entered, whether to waive jury trial and whether the client will testify.

(b) A lawyer's representation of a client, including representation by appointment, does

not constitute an endorsement of the client's political, economic, social or moral views or

activities.

(c) A lawyer may limit the scope of the representation if the limitation is reasonable

under the circumstances and the client gives informed consent.

(d) A lawyer shall not counsel a client to engage, or assist a client, in conduct that the

lawyer knows is criminal or fraudulent, but a lawyer may discuss the legal consequences of any

proposed course of conduct with a client and may counsel or assist a client to make a good faith

effort to determine the validity, scope, meaning or application of the law.

(e) When a lawyer has been retained by an insurer to represent an insured pursuant to the

terms of an agreement or policy requiring the insurer to retain counsel on the client's behalf, the

representation may be limited to matters related to the defense of claims made against the

insured. In such cases, the lawyer shall, within a reasonable time after being retained, inform the

client in writing of the terms and scope of the representation the lawyer has been retained by the

insurer to provide.

ABA Comments on limited scope representation

Agreements Limiting Scope of Representation

[6] The scope of services to be provided by a lawyer may be limited by agreement with

the client or by the terms under which the lawyer's services are made available to the client.

When a lawyer has been retained by an insurer to represent an insured, for example, the

representation may be limited to matters related to the insurance coverage. A limited

representation may be appropriate because the client has limited objectives for the

representation. In addition, the terms upon which representation is undertaken may exclude

specific means that might otherwise be used to accomplish the client's objectives. Such

16-Banchy & Brennan

limitations may exclude actions that the client thinks are too costly or that the lawyer regards as

repugnant or imprudent.

[7] Although this Rule affords the lawyer and client substantial latitude to limit the

representation, the limitation must be reasonable under the circumstances. If, for example, a

client's objective is limited to securing general information about the law the client needs in

order to handle a common and typically uncomplicated legal problem, the lawyer and client may

agree that the lawyer's services will be limited to a brief telephone consultation. Such a

limitation, however, would not be reasonable if the time allotted was not sufficient to yield

advice upon which the client could rely. Although an agreement for a limited representation does

not exempt a lawyer from the duty to provide competent representation, the limitation is a factor

to be considered when determining the legal knowledge, skill, thoroughness and preparation

reasonably necessary for the representation. See Rule 1.1.

[8] All agreements concerning a lawyer's representation of a client must accord with the

Rules of Professional Conduct and other law. See, e.g., Rules 1.1, 1.8 and 5.6.

Unauthorized Practice of Law

SCR 20:5.5 Unauthorized practice of law; multijurisdictional practice of law

(a) A lawyer shall not:

(1) practice law in a jurisdiction where doing so violates the regulation of the legal

profession in that jurisdiction except that a lawyer admitted to practice in Wisconsin does not

violate this rule by conduct in another jurisdiction that is permitted in Wisconsin under SCR

20:5.5 (c) and (d) for lawyers not admitted in Wisconsin; or

(2) assist another in practicing law in a jurisdiction where doing so violates the regulation

of the legal profession in that jurisdiction.

(b) A lawyer who is not admitted to practice in this jurisdiction shall not:

(1) except as authorized by this rule or other law, establish an office or maintain a

systematic and continuous presence in this jurisdiction for the practice of law; or

(2) hold out to the public or otherwise represent that the lawyer is admitted to the practice

of law in this jurisdiction.

(c) Except as authorized by this rule, a lawyer who is not admitted to practice in this

jurisdiction but who is admitted to practice in another jurisdiction of the United States and not

disbarred or suspended from practice in any jurisdiction for disciplinary reasons or for medical

incapacity, may not provide legal services in this jurisdiction except when providing services on

an occasional basis in this jurisdiction that:

17-Banchy & Brennan

(1) are undertaken in association with a lawyer who is admitted to practice in this

jurisdiction and who actively participates in the matter; or

(2) are in, or reasonably related to, a pending or potential proceeding before a tribunal in

this or another jurisdiction, if the lawyer, or a person the lawyer is assisting, is authorized by law

or order to appear in such proceeding or reasonably expects to be so authorized; or

(3) are in, or reasonably related to, a pending or potential arbitration, mediation, or other

alternative dispute resolution proceeding in this or another jurisdiction, if the services arise out

of, or are reasonably related to, the lawyer's practice in a jurisdiction in which the lawyer is

admitted to practice and are not services for which the forum requires pro hac vice admission; or

(4) are not within subsections (c)(2) or (c)(3) and arise out of, or are reasonably related

to, the lawyer's practice in a jurisdiction in which the lawyer is admitted to practice.

(d) A lawyer admitted to practice in another United States jurisdiction or in a foreign

jurisdiction, who is not disbarred or suspended from practice in any jurisdiction for disciplinary

reasons or medical incapacity, may provide legal services in this jurisdiction that:

(1) are provided to the lawyer's employer or its organizational affiliates after compliance

with SCR 10.03 (4) (f), and are not services for which the forum requires pro hac vice admission;

or

(2) are services that the lawyer is authorized to provide by federal law or other law of this

jurisdiction.

(e) A lawyer admitted to practice in another jurisdiction of the United States or a foreign

jurisdiction who provides legal services in this jurisdiction pursuant to sub. (c) and (d) above

shall consent to the appointment of the Clerk of the Wisconsin Supreme Court as agent upon

whom service of process may be made for all actions against the lawyer or the lawyer's firm that

may arise out of the lawyer's participation in legal matters in this jurisdiction.

Confidentiality and Data Storage

SCR 20:1.6 Confidentiality

(a) A lawyer shall not reveal information relating to the representation of a client unless

the client gives informed consent, except for disclosures that are impliedly authorized in order to

carry out the representation, and except as stated in pars. (b) and (c).

(b) A lawyer shall reveal information relating to the representation of a client to the

extent the lawyer reasonably believes necessary to prevent the client from committing a criminal

or fraudulent act that the lawyer reasonably believes is likely to result in death or substantial

bodily harm or in substantial injury to the financial interest or property of another.

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(c) A lawyer may reveal information relating to the representation of a client to the extent

the lawyer reasonably believes necessary:

(1) to prevent reasonably likely death or substantial bodily harm;

(2) to prevent, mitigate or rectify substantial injury to the financial interests or property of

another that is reasonably certain to result or has resulted from the client's commission of a crime

or fraud in furtherance of which the client has used the lawyer's services;

(3) to secure legal advice about the lawyer's conduct under these rules;

(4) to establish a claim or defense on behalf of the lawyer in a controversy between the

lawyer and the client, to establish a defense to a criminal charge or civil claim against the lawyer

based upon conduct in which the client was involved, or to respond to allegations in any

proceeding concerning the lawyer's representation of the client; or

(5) to comply with other law or a court order.

WISCONSIN COMMITTEE COMMENT

The rule retains in paragraph (b) the mandatory disclosure requirements that have been a part of

the Wisconsin Supreme Court Rules since their initial adoption. Paragraph (c) differs from its

counterpart, Model Rule 1.6(b), as necessary to take account of the mandatory disclosure

requirements in Wisconsin. The language in paragraph (c)(1) was changed from "reasonably

certain" to "reasonably likely" to comport with sub. (b). Due to substantive and numbering

differences, special care should be taken in consulting the ABA Comment.

ABA COMMENTS

[1] This Rule governs the disclosure by a lawyer of information relating to the representation of

a client during the lawyer's representation of the client. See Rule 1.18 for the lawyer's duties with

respect to information provided to the lawyer by a prospective client, Rule 1.9(c)(2) for the

lawyer's duty not to reveal information relating to the lawyer's prior representation of a former

client and Rules 1.8(b) and 1.9(c)(1) for the lawyer's duties with respect to the use of such

information to the disadvantage of clients and former clients.

[2] A fundamental principle in the client-lawyer relationship is that, in the absence of the client's

informed consent, the lawyer must not reveal information relating to the representation. See Rule

1.0(e) for the definition of informed consent. This contributes to the trust that is the hallmark of

the client-lawyer relationship. The client is thereby encouraged to seek legal assistance and to

communicate fully and frankly with the lawyer even as to embarrassing or legally damaging

subject matter. The lawyer needs this information to represent the client effectively and, if

necessary, to advise the client to refrain from wrongful conduct. Almost without exception,

clients come to lawyers in order to determine their rights and what is, in the complex of laws and

regulations, deemed to be legal and correct. Based upon experience, lawyers know that almost all

clients follow the advice given, and the law is upheld.

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[3] The principle of client-lawyer confidentiality is given effect by related bodies of law: the

attorney-client privilege, the work product doctrine and the rule of confidentiality established in

professional ethics. The attorney-client privilege and work-product doctrine apply in judicial and

other proceedings in which a lawyer may be called as a witness or otherwise required to produce

evidence concerning a client. The rule of client-lawyer confidentiality applies in situations other

than those where evidence is sought from the lawyer through compulsion of law. The

confidentiality rule, for example, applies not only to matters communicated in confidence by the

client but also to all information relating to the representation, whatever its source. A lawyer may

not disclose such information except as authorized or required by the Rules of Professional

Conduct or other law. See also Scope.

[4] Paragraph (a) prohibits a lawyer from revealing information relating to the representation of a

client. This prohibition also applies to disclosures by a lawyer that do not in themselves reveal

protected information but could reasonably lead to the discovery of such information by a third

person. A lawyer's use of a hypothetical to discuss issues relating to the representation is

permissible so long as there is no reasonable likelihood that the listener will be able to ascertain

the identity of the client or the situation involved.

Authorized Disclosure

[5] Except to the extent that the client's instructions or special circumstances limit that authority,

a lawyer is impliedly authorized to make disclosures about a client when appropriate in carrying

out the representation. In some situations, for example, a lawyer may be impliedly authorized to

admit a fact that cannot properly be disputed or to make a disclosure that facilitates a satisfactory

conclusion to a matter. Lawyers in a firm may, in the course of the firm's practice, disclose to

each other information relating to a client of the firm, unless the client has instructed that

particular information be confined to specified lawyers.

Disclosure Adverse to Client

[6] Although the public interest is usually best served by a strict rule requiring lawyers to

preserve the confidentiality of information relating to the representation of their clients, the

confidentiality rule is subject to limited exceptions. Paragraph (b)(1) recognizes the overriding

value of life and physical integrity and permits disclosure reasonably necessary to prevent

reasonably certain death or substantial bodily harm. Such harm is reasonably certain to occur if it

will be suffered imminently or if there is a present and substantial threat that a person will suffer

such harm at a later date if the lawyer fails to take action necessary to eliminate the threat. Thus,

a lawyer who knows that a client has accidentally discharged toxic waste into a town's water

supply may reveal this information to the authorities if there is a present and substantial risk that

a person who drinks the water will contract a life-threatening or debilitating disease and the

lawyer's disclosure is necessary to eliminate the threat or reduce the number of victims.

[7] Paragraph (b)(2) is a limited exception to the rule of confidentiality that permits the lawyer to

reveal information to the extent necessary to enable affected persons or appropriate authorities to

prevent the client from committing a crime or fraud, as defined in Rule 1.0(d), that is reasonably

certain to result in substantial injury to the financial or property interests of another and in

furtherance of which the client has used or is using the lawyer's services. Such a serious abuse of

20-Banchy & Brennan

the client-lawyer relationship by the client forfeits the protection of this Rule. The client can, of

course, prevent such disclosure by refraining from the wrongful conduct. Although paragraph

(b)(2) does not require the lawyer to reveal the client's misconduct, the lawyer may not counsel

or assist the client in conduct the lawyer knows is criminal or fraudulent. See Rule 1.2(d). See

also Rule 1.16 with respect to the lawyer's obligation or right to withdraw from the

representation of the client in such circumstances, and Rule 1.13(c), which permits the lawyer,

where the client is an organization, to reveal information relating to the representation in limited

circumstances.

[8] Paragraph (b)(3) addresses the situation in which the lawyer does not learn of the client's

crime or fraud until after it has been consummated. Although the client no longer has the option

of preventing disclosure by refraining from the wrongful conduct, there will be situations in

which the loss suffered by the affected person can be prevented, rectified or mitigated. In such

situations, the lawyer may disclose information relating to the representation to the extent

necessary to enable the affected persons to prevent or mitigate reasonably certain losses or to

attempt to recoup their losses. Paragraph (b)(3) does not apply when a person who has

committed a crime or fraud thereafter employs a lawyer for representation concerning that

offense.

[9] A lawyer's confidentiality obligations do not preclude a lawyer from securing confidential

legal advice about the lawyer's personal responsibility to comply with these Rules. In most

situations, disclosing information to secure such advice will be impliedly authorized for the

lawyer to carry out the representation. Even when the disclosure is not impliedly authorized,

paragraph (b)(4) permits such disclosure because of the importance of a lawyer's compliance

with the Rules of Professional Conduct.

[10] Where a legal claim or disciplinary charge alleges complicity of the lawyer in a client's

conduct or other misconduct of the lawyer involving representation of the client, the lawyer may

respond to the extent the lawyer reasonably believes necessary to establish a defense. The same

is true with respect to a claim involving the conduct or representation of a former client. Such a

charge can arise in a civil, criminal, disciplinary or other proceeding and can be based on a

wrong allegedly committed by the lawyer against the client or on a wrong alleged by a third

person, for example, a person claiming to have been defrauded by the lawyer and client acting

together. The lawyer's right to respond arises when an assertion of such complicity has been

made. Paragraph (b)(5) does not require the lawyer to await the commencement of an action or

proceeding that charges such complicity, so that the defense may be established by responding

directly to a third party who has made such an assertion. The right to defend also applies, of

course, where a proceeding has been commenced.

[11] A lawyer entitled to a fee is permitted by paragraph (b)(5) to prove the services rendered in

an action to collect it. This aspect of the Rule expresses the principle that the beneficiary of a

fiduciary relationship may not exploit it to the detriment of the fiduciary.

[12] Other law may require that a lawyer disclose information about a client. Whether such a law

supersedes Rule 1.6 is a question of law beyond the scope of these Rules. When disclosure of

information relating to the representation appears to be required by other law, the lawyer must

21-Banchy & Brennan

discuss the matter with the client to the extent required by Rule 1.4. If, however, the other law

supersedes this Rule and requires disclosure, paragraph (b)(6) permits the lawyer to make such

disclosures as are necessary to comply with the law.

[13] A lawyer may be ordered to reveal information relating to the representation of a client by a

court or by another tribunal or governmental entity claiming authority pursuant to other law to

compel the disclosure. Absent informed consent of the client to do otherwise, the lawyer should

assert on behalf of the client all nonfrivolous claims that the order is not authorized by other law

or that the information sought is protected against disclosure by the attorney-client privilege or

other applicable law. In the event of an adverse ruling, the lawyer must consult with the client

about the possibility of appeal to the extent required by Rule 1.4. Unless review is sought,

however, paragraph (b)(6) permits the lawyer to comply with the court's order.

[14] Paragraph (b) permits disclosure only to the extent the lawyer reasonably believes the

disclosure is necessary to accomplish one of the purposes specified. Where practicable, the

lawyer should first seek to persuade the client to take suitable action to obviate the need for

disclosure. In any case, a disclosure adverse to the client's interest should be no greater than the

lawyer reasonably believes necessary to accomplish the purpose. If the disclosure will be made

in connection with a judicial proceeding, the disclosure should be made in a manner that limits

access to the information to the tribunal or other persons having a need to know it and

appropriate protective orders or other arrangements should be sought by the lawyer to the fullest

extent practicable.

[15] Paragraph (b) permits but does not require the disclosure of information relating to a client's

representation to accomplish the purposes specified in paragraphs (b)(1) through (b)(6). In

exercising the discretion conferred by this Rule, the lawyer may consider such factors as the

nature of the lawyer's relationship with the client and with those who might be injured by the

client, the lawyer's own involvement in the transaction and factors that may extenuate the

conduct in question. A lawyer's decision not to disclose as permitted by paragraph (b) does not

violate this Rule. Disclosure may be required, however, by other Rules. Some Rules require

disclosure only if such disclosure would be permitted by paragraph (b). See Rules 1.2(d), 4.1(b),

8.1, and 8.3. Rule 3.3, on the other hand, requires disclosure in some circumstances regardless of

whether such disclosure is permitted by this Rule. See Rule 3.3(c).

Acting Competently to Preserve Confidentiality

[16] A lawyer must act competently to safeguard information relating to the representation of a

client against inadvertent or unauthorized disclosure by the lawyer or other persons who are

participating in the representation of the client or who are subject to the lawyer's supervision. See

Rules 1.1, 5.1, and 5.3.

[17] When transmitting a communication that includes information relating to the representation

of a client, the lawyer must take reasonable precautions to prevent the information from coming

into the hands of unintended recipients. This duty, however, does not require that the lawyer use

special security measures if the method of communication affords a reasonable expectation of

privacy. Special circumstances, however, may warrant special precautions. Factors to be

considered in determining the reasonableness of the lawyer's expectation of confidentiality

22-Banchy & Brennan

include the sensitivity of the information and the extent to which the privacy of the

communication is protected by law or by a confidentiality agreement. A client may require the

lawyer to implement special security measures not required by this Rule or may give informed

consent to the use of a means of communication that would otherwise be prohibited by this Rule.

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APPENDIX B: Forms

1. Sample limited scope representation agreement

2. Flowchart for virtual representation

3. A La Cart Service Add On Schedule Example

4. Practice Management for Virtual Law Offices Comparison Chart

24-Banchy & Brennan

AGREEMENT FOR LEGAL SERVICES BETWEEN YOU AND THE VIRTUAL

ATTORNEY

This agreement to advise you (“Client”) begins at the time you accept this completed Agreement

for Limited Advice and Legal Services provided by _________________ (“The Firm”) and will

end after I have provided you the tasks or services that we have agreed upon.

Understand that you are making no commitment to use my services at any time in the future and

I have not agreed to represent you in any manner other than that which described within this

Engagement Letter. Once those services are completed, I will have no further obligation to you

unless we mutually agree to expand the scope of our relationship.

This means that unless I expressly agree to undertake services after the services I am presently

agreeing to provide to you that you do not expect me to do anything else, and I do not expect you

to pay me anything else.

We have agreed that my services will consist of estate planning representation. The initial

representation will consist of counsel and drafting of estate planning documents as outlined in

this Engagement Letter:

(WILL PACKAGE FOR MARRIED COUPLE), including a will, durable powers of attorney for

healthcare and finances and incorporated living wills for each spouse, estate plan organizers and

separate writing agreements (the Base Plan). A revocable living trust may also be included in

your plan given our discussions regarding your assets and plans for the future. However, we will

discuss this in additional detail and determine if it would be to your benefit to make that addition.

Items with additional costs include, but are not limited to transfers of property to the Trust,

review and modification of retirement plans, filing of deeds, document execution or execution

supervision, etc. Costs are as follows:

Base Plan. Will Package (for married couple)[includes powers of attorney for finances, powers

of attorney for healthcare, living wills, and wills for both spouses, estate organizers, and separate

writing agreements (used to make small gifts of tangible

property))…………………………………… $flat rate

If we choose to also include a trust, a document execution ceremony or any additional items

(property transfer to your trust, for example) potential costs are below.

Addition. Revocable Living Trust (includes trust agreement, certificate of trust and transfer of

all tangible personal property and effects) ……………………… $flat rate

The will package does not include supervised execution of the documents, however I can assist

you in execution of the documents to ensure that they follow all legal formalities and

requirements. This requires two disinterested witnesses (no family members or individuals who

have any interest in your estate) and a notary public (If you choose to have me assist, I will act as

25-Banchy & Brennan

notary). I typically conduct the execution ceremony at your home, place of employment or

another location which is familiar and comfortable to you and one where you are able to secure

two individuals to act as witnesses. In the event you do not elect to have me conduct the

execution ceremony, then I will provide you detailed instructions on the necessary steps for

execution for no additional cost. However, please be aware that I cannot be responsible for any

insufficient execution should you choose to go it alone.

Addition. Document execution (including supervision and notarization) … $flat rate

Other Additions. Deed drafting and filing, transfers of property to trust, review and correlation

of retirement account and financial account beneficiaries, additional trust drafting, will

modifications, additional consults, advice, etc. will be billed at a rate of __________________

calculated in 6 minute increments. We will discuss any potential additions should they arise, and

you agree that we will sign a separate engagement letter addendum for any additions before

beginning work.

I bill only after services have been provided. In the event that additional services are necessary

we agree to enter into a separate engagement letter to cover any additions. (*modify as

appropriate depending on firm billing structure.)

I do not take retainer payments and you will be invoiced monthly only after fees are earned for

services performed in the previous month. Invoices are sent on the 25th day of each month. That

fee, upon payment, becomes the property of the law firm. It will be deposited in The Firm’s

business account, rather than The Firm’s trust account, and you agree that The Firm may do so.

Payments are accepted by check or credit card, with a small service charge (3.5% plus $0.30 per

transaction) applying to credit card transactions. Please also note that accounts more than 90

days past due may be subject to late fees.

You understand that you will remain responsible for any legal fees including filing fees, (i.e.

deed filings), document fees (i.e. required riders from insurance companies), any additional cost

for any necessary modification of coverage (i.e. title insurance additional insured rider if

required) and/or court costs, and such fees are not included in the Firm’s fees and will be charged

to you separately.

You understand that you have the right to discharge The Firm for any reason at any time. You

understand that The Firm may withdraw from representing you if you fail to make timely

payment or do not provide other forms of security satisfactory to The Firm for payment of its

fees; if you misrepresent or fail to disclose material facts; or if you fail to follow The Firm’s

advice. You agree that if the Firm decides to withdraw, you will execute the necessary

documents to permit them to do so. You agree that if you discharge The Firm, or if The Firm

withdraws from representing you for any reason, including the non-payment of fees and costs as

they are due under a fee agreement, you will remain liable for all fees, costs and expenses

actually incurred under such agreement and will make payment in full.

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By affirmatively accepting this Agreement, an attorney/client relationship is created. This means

that all communications with you will remain confidential and I may decline to give you advice

if I have a conflict of interest.

By accepting and returning this Agreement, you certify that you have read, understand, and agree

to be bound by the above, and authorize me to prepare your legal documents, or provide you

with legal advice, based upon these terms and conditions.

You understand that there is no obligation or fee charged for registering as a client on The Firm’s

web site and becoming an on-line client of The Virtual Attorney.

By signing below, you certify that you have received a copy of this contract. The above

employment is hereby accepted on the terms stated.

Dated:

____________________________

CLIENT

____________________________

ATTORNEY

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Standard representation workflow for new Virtual client

Client Virtual Law Office

Initial Client communication Schedule consult; assign

attorney

Set up client portal with client

email

Complete intake form Initial client consult via video

chat, if possible

Email client with info and

attachments (i.e. instructions

on using client portal, etc.)

Engagement letter via

Docusign or another e-Sign

program

Upload initial documents to

client portal

Follow ups with client, as

appropriate via automated

email, video chat, etc.

Client returns intake and

engagement letter

Draft initial documents, send

to client through client portal

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Client reviews initial

documents

Automated Follow up

Client provides feedback on

initial documents

Make any necessary changes

to documents, send to client

Client reviews updated

documents

Automated Follow up

Client signs off on documents

Send final documents package,

disengagement letter

Notify Accounting. Accounting

sends final invoices.

Close file

Client executes documents;

keeps for records

29-Banchy & Brennan

A La Cart Service Add On Schedule Example

Add On Service Pricing Suggestion

Registered Agent Price

State Trademark Application and Filing (Excluding Fees) Price

Federal Trademark or Copyright Filing (Excluding Fees or defense) Price

Contract Drafting Price

Contract Review Price

Review of Legal Zoom or Rocket Lawyer Documents Price

Amendment of Legal Zoom or Rocket Lawyer Documents Price

Deed drafting (per property) Price

Deed Filing (Excluding Fees) Price

Loan Agreement or Mortgage and Promissory Note Drafting Price

Mortgage Filing Price

HIPAA Authorization Price

Will Package Execution Supervision (client brings witnesses) Price

In-Person Consultation (30 minutes) Price

In-Person Consultation (1 hour) Price

Existing Estate Plan Review Price

State and Federal Licensing Compliance (excludes filling fees) Price

Stock or Membership Interest Sale/Repurchase Agreement Price

Crummey Trust Price

Crummey Notice Price

Irrevocable Life Insurance Trust Price

Illinois Land Trust (excludes Deed prep and filing) Price

Travel Time for distances >35 miles Price

DBA Registration (includes media notice but not fees) Price

Employment Contract (template can be reused) Price

Independent Contractor Contract Price

30-Banchy & Brennan

Meeting Minutes Price

Resolution Price

Nondisclosure Agreement Price

Consulting Agreement Price

Employee Handbook Price

Demand for Money Owed Price

Licensing Agreement Price

Cease and Desist Letter (drafting only) Price

Website Terms and Conditions Price

Marital Property Agreement (pre or post) includes agreement; affidavit

of facts; affidavit of assets and liabilities; financial disclosure; spousal

waiver

Price

Amend Operating Agreement to add 2nd class of membership interest Price

Amend Articles of Organization or Articles of Incorporation and file

amended articles (does not include filing fees)

Price

31-Banchy & Brennan

Practice Management Solutions for Virtual Law Offices

MyCase Total Attorneys Clio Rocket Matter Direct Law

Calendar

and Task

Management

Customizable color-coded

calendar for each firm

member with optional

sharing to others or master

firm calendar; automated

reminders; sync with

devices; Workflow

functionality to pre-populate

common dates and deadlines

for each case or matter.

Two-way synch

between Total

Attorneys

calendar and

others, including

ICal and Outlook.

Color coded

calendars for

separate users or

conference rooms

with customizable

access. Automated

email and pop up

reminders. Bi-

directional synch

with Outlook.

Color coded

calendars,

integration with

master firm

calendar. Task

tracking and

prioritization.

Simple calendaring

with reminder

feature.

Document

Management

and Storage

Document library with

ability to share with clients

or firm members with one

click. No file size

limitations. Document

collaboration and history

evidenced through versions

feature

** all document

capabilities

removed as of

February 2014.

Direct Fujitsu Scan

Snap Integration for

quick document

uploads. Uploads

can be selectively

shared with other

firm members or

clients. Document

collaboration and

history evidenced

through versions

feature. Integration

with Google Docs,

Dropbox &

Netdocs.

Limitless document

storage. Image and

sound file upload

capability.

Integration with

Evernote and

Dropbox.

Custom upload of

in-house created

documents to the

Direct law Platform.

Minimal client

document

collaboration.

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MyCase Total Attorneys Clio Rocket Matter Direct Law

Document

Assembly

Upload completed

documents of use fully

customizable document

automation features enabling

data merge. Cloud Based

collaboration with clients

and firm members with

numerous document

versions.

No document

assembly features.

Template assembly

and population with

general case info.

Ability to input

customer fields for

more

comprehensive

assembly.

Document assembly

capabilities with

custom data field

options. Cloud-

based template

storage accessibly

within the

management suite.

Access to Rapidocs

document library

with select plans as

well as Rapidocs

custom document

authoring.

Billing and

Payments

Built in invoicing based on

flat fee, hourly or mixed

rates, trust account

integration, optional online

payment integration

(additional cost).

Multiple billing

options (flat fee,

hourly, pro bono)

and invoicing

capabilities.

Additional fee for

online payments

($35/month).

Trust and Operating

Account integration

with Xero

accounting

software, intuitive

invoice creation.

Invoice approval

functionality

enabling sign off

prior to client

billing. Integration

with PayPal and

LawPay.

Batch billing

enabling one-click

invoicing for all

monthly invoices.

Trust account

integration.

Payment capability

through integration

with LawPay.

Integrated payment

processing through

Chase included in

monthly fees;

however, the system

is only set up to take

payment at the onset

of representation.

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MyCase Total Attorneys Clio Rocket Matter Direct Law

Messaging

and Email

Integration

Direct messaging; annual

email cataloging capabilities;

real-time activity stream for

case status updates. Email

notifications for case

activity.

Portal two way

messaging with

automated email

notification.

Email forwarding to

Clio; linking to

clients and matters;

documents

automatically sent

to Documents tab,

but a 25mb limit

applies. Secure in-

Clio messaging

capability.

Skype integration

with contacts for 1

click calling.

Contact export

feature enabling the

firm to mail merge

for letters and

envelopes. No in-

system client

messaging feature.

IMAP-based email

integration.

Time stamped two-

way messaging

through client

portal.

Client Portal

Client access through unique

username and password.

Document upload and review

capabilities, messaging,

invoice viewing (with

optional bill pay).

Unique login for

client access.

Clients can make

their own accounts

without being

invited by the

attorney.

Messaging and

invoice viewing.

Comprehensive

client portal

enabling clients to

view task and

calendar items,

review and

collaborate on

documents, view

(and pay) invoices

and send in-Clio

messages.

Document share,

calendar, invoice

share and payment

capabilities via

LawPay integration.

Client portal with

client signup

capabilities.

Document “store”

where clients can

add documents to

their cart and make

payments prior to

work being done

(like an e-commerce

site).

34-Banchy & Brennan

MyCase Total Attorneys Clio Rocket Matter Direct Law

Cost

$39/ month for attorneys

$29/ month for support staff

$20/month 1-2

users

$40/month 3-10

users

$65/user/month

billed annually

Or

$72/user/month

billed monthly

$55.25/month

annually. Additional

options for

shorter/longer

contracts.

$49/month plus

$50/month for each

additional attorney.

Access to integrated

Rapidocs automated

document library is

an additional

$50/month per

attorney +

additional document

fees.