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TRANSCRIPT
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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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.
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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.
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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
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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-
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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.
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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
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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)
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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
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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
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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:
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(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
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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
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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
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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
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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
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
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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
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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
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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.