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Denise Howell Denise Howell
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Dennis M. Kennedy Dennis M. Kennedy
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Marty Schwimmer Marty Schwimmer
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Ernest Svenson Ernest Svenson
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Denise Howell is a seasoned appellate and intellectual property litigator based in Los Angeles. Denise writes one of the first and most popular law-related blogs, Bag and Baggage, coined the term "blawg" and helped pioneer podcasting for lawyers. Microcontent obsessed since 2001, she is frequently quoted in the media on legal issues involving intellectual property and technology law. "Sound Policy" is Denise's show at IT Conversations, and it's also what she hopes results from the briefs she submits to court. Email Denise at dhowell@gmail.com.

Dennis Kennedy is a computer lawyer and legal technology expert based in St. Louis, Missouri. An award-winning author, a frequent speaker and a widely-read blogger, he has more than 300 publications on legal, technology and Internet topics, many of which are collected in his e-books. Dennis has been described as someone who knows almost every rock song in existence and, more importantly, how they apply to technology and law. Email Dennis at his gmail address.

Tom Mighell is Senior Counsel and Litigation Technology Support Coordinator at Cowles & Thompson in Dallas. He has published the Internet Legal Research Weekly newsletter since 2000 and blogged about the Internet and legal technology at Inter Alia since August of 2002. With Tom's singing, Ernie on guitar and Dennis' encylopedic knowledge of rock music, we may have the beginnings of a good band, if this whole blog thing doesn't work out. Email Tom at tmighell@swbell.net.

Marty Schwimmer left a partnership in the largest trademark practice in the world and founded Schwimmer Mitchell, a full-service IP micro-boutique in Westchester County, New York, where he represents owners of famous and not yet famous trademarks. He founded The Trademark Blog, the first IP law blog and the one with the most pictures. He is the first to come in and the last to leave in his firm. Email Marty at marty@schwimmerlegal.com.

Ernest Svenson practices law with a mid-sized law firm in New Orleans, specializing in business-related lawsuits. Most of his practice takes place in federal court, especially the Eastern District. He is best known for his weblog Ernie the Attorney, which he started as an experiment. Like many experiments it got out of control. Nevertheless, he continues to practice law and, occasionally, to seek enlightenment. Email Ernest at esvenson@gmail.com.
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Between Lawyers provides just-in-time group commentary on the issues raised when technology, culture and the law intersect. We take you behind the firewalls and conference room doors to show you how experienced lawyers deal with these issues and help you prepare for the new challenges we all face. For more, see our introductory post.
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July 12, 2006

What Would A Real Virtual Law firm Look Like?

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Posted by Marty Schwimmer

So let's say that I wanted the best of both worlds - all the advantages of a micro-firm (autonomy, low overhead, flexibility), and all the advantages of a large firm (collegiality, cost-sharing, marketing heft).

And let's assume that there are people I want to practice with, however they don't live within commuting distance of me.

So how would a virtual law firm be organized?

How would the conflict issues be handled?

How would the professional liability issues be handled?

How would such an entity hold itself out to the public?

How would compensation issues be handled?

Comments (7) + TrackBacks (0) | Category: Virtual Lawyers


COMMENTS

1. Dennis Kennedy on July 12, 2006 6:45 PM writes...

Some good starting points for thinking about these issues are Joe Kashi's article - Building a Virtual Law Firm (http://www.abanet.org/lpm/lpt/articles/ftr01042.html) - and my article - A Vision for Virtual Law Firms (http://www.abanet.org/lpm/lpt/articles/ftr01047.html).

It's always struck me that this is largely uncharted territory, but that the best approach might be to look at models and approaches that are highly analogous to "real law firms."

However, I do think it's a great exercise, especially in 2006, to consider the practical issues, opportunities and barriers that might exist for "virtual law firms."

It'd be great if we could start a discussion that could serve as a roadmap.

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2. LawyerMan on July 13, 2006 11:46 AM writes...

Real world experience here, so let me explain a bit:

So let's say that I wanted the best of both worlds - all the advantages of a micro-firm (autonomy, low overhead, flexibility), and all the advantages of a large firm (collegiality, cost-sharing, marketing heft).


And let's assume that there are people I want to practice with, however they don't live within commuting distance of me.

So how would a virtual law firm be organized?

**we have attorneys in NY, TX, Mass, and FL and among other states and formed a Joint Venture with contract docs and committees.

How would the conflict issues be handled?

*2 pages devoted to that ... in addition to the typical - phone conferences, meetings ... we have mandatory mediation at our own expense in ... South Dakota. No fees to anyone who wins. We agreed to have venue for disputes in a city in a certain states, no jury.

How would the professional liability issues be handled?

*1 major policy, each then have another policy.

How would such an entity hold itself out to the public?

*stated name in certain marketing and in contract papers.


How would compensation issues be handled?

* we decide it project by project, but have a general % from which we work.

It can be done and is done. We use a central server for file review and access; we provide monthly reports in general form in XL.

Oh, by they way ... we have nearly $1M invested in it, have more than 5000 case inquiries, and have others wanting us to join.

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3. S.L. Kimbro on July 13, 2006 6:34 PM writes...

I practice completely online at my virual law office: www.kimbrolaw.com. I believe it's the first completely virtual law practice in my state. I don't have a physical law office and I'm not affiliated with one.

My website was programmed so that potential clients send me legal questions over https which is more secure than email. I have an administrative backend to the site that allows me to organize everything from checking for conflicts of interest to where my referrals come from. I send the potential client a price quote for the service and if they accept it, they pay online and then I post or upload whatever legal service they requested.

It only works for a limited or "unbundled" legal practice. But I'm finding that it is very satisfying work because I can offer legal guidance at a more reasonable cost without the overhead of a physical law office which means that I attract more middle income folks who just need basic legal guidance or services. I end up doing a lot of pro bono work as well because sometimes the questions asked of me are not worth charging for.

I've read many articles discussing the ethical problems associated with practicing online, but I believe I'm actually more upfront with my clients by my method of charging them than if I were to use the typical billable hour fee. It's not for everyone, but I'm enjoying practicing completely online.

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4. S.L.Kimbro on July 13, 2006 6:39 PM writes...

Sorry about the "virual" typo in my comment. That virtually never happens.

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5. RJON@HowToMakeItRain.com on August 9, 2006 10:24 AM writes...

VIRTUAL LAW FIRMS ARE NOTHING NEW

I congratulate all the people who have made comments on this post before me, for all of the detailed answers and links to helpful articles. Instead of me piling-on a bunch more specifics, like how to use teleconference technology in a virtual law firm, an approach to getting group health insurance, etc. I think it would be more helpful to offer a big-picture perspective. . . Virtual Law Firms Are Nothing New. Let me explain,

SMALL VIRTUAL LAW FIRMS
For many years, even before we all had computers, there were lawyers who worked from home. And for any number of reasons (safety, privacy, image, client convenience) they chose not to invite clients into their offices to meet. Instead they went to the clients' place of business or on otherwise neutral ground to conduct sales calls and status conferences. They communicated with colleagues and clients on a daily basis by telephone, fax machine and snail-mail. And they even had staff members who worked from their own homes and only visited the lawyer in his/her office to pick-up/drop-off.

LARGE VIRTUAL LAW FIRMS
Similarly, all over the country there are lawyers in large firms with partners in other cities whom they have never met, and probably never will meet. Yet they share a conflict of interest system, a common filing scheme, have just one billing program, and go to market with the same firm name on their business cards.

RHETORICAL QUESTION
How are either of the examples above any different than the virtual firms previous commenters are describing? Actually, there IS an answer: Setting up a law firm in which all actors (lawyers and staff) can't just walk down the hall to fix problems, requires a level of deliberate thought and formal agreement that most lawyers have not been exposed to in connection with the business of running a law firm.

I've helped many lawyers in small & mid-sized firms bring to bear some of the deliberate business planning skills, systems & techniques that law schools never think to mention. In fact my Alma Mater has invited me back for the Fall Semester to teach a course (for credit) on law firm management & marketing. So I can tell everyone reading this from personal experience, that it can be done. Even if you don't have a "virtual" law firm, these exercises can be very liberating for the owner(s) of a law firm who want to get home for dinner more often. I'll be happy to record my classes or else turn my notes into an audio program if anyone expresses an interest. (send me an e-mail)

ONLY THING THAT'S CHANGED IS THE STIGMA
I know people are always looking for the next big thing. But Virtual Law Firms aren't it. Only the technology is new that allows lawyers who work remotely from others to function more efficiently than in the past; and perhaps because of new technologies, the stigma may have eroded too.

Respectfully,

RJON ROBINS
www.HowToMakeItRain.com
Helping Lawyers In Small Firms Make ALOT More Money!

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