eLawyering ABA Techshow 2008

March 13 – 15, 2008www.techshow.com

Lawyering in a Virtual World: How to Snag the Connected

ClientPresenters:

Judge Arthur M. Monty Ahalt ( ret.)CEO VirtualCourthouse.com

Will Hornsby -- Staff CounselABA Division for Legal Services

Greg Siskind, ShareholderSiskind Susser Bland, P.C. – Immigration Lawyers

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The Need, The Promise, The Challenge

eLawyering


What is eLawyering ?What is eLawyering ?• eLawyering is a term used to refer to the

practice of law over the Internet. It is more than Internet based advertising. eLawyering initiatives undertaken by the organized bar are usually focused on reaching a "latent market" of lower and middle class citizens in need of legal services.

• Or has it changed?


The NeedThe Need

• Cost of legal services does not equal value

• Paper methods are expensive• Travel is time consuming and costly

– Direct cost– Indirect cost such as lost time form work


The PromiseThe Promise• eCommerce

– The automation of commercial transactions using computer and communication technologies• Dispute resolution• Legal transactions

– The Savings and efficiencies• Time• Paper• Financial


The ChallengeThe Challenge• eCommerce models have not been

adopted by the legal profession• The delivery of professional service is

not just a product but a relationship• Overcoming resistance to change


It is all about CHANGE !!It is all about CHANGE !!• Becoming a Change Champion

– Vision– Strategy– Enthusiasm– Work

• Overcoming Barriers– Perceived need for paper and face to face

meetings– “I am doing things just fine”


eLawyering ExampleseLawyering Examples

• IllinoisDivorce.com• Legaladviceline.com• VirtualCourthouse.com

http://www.illinoisdivorce.com/

http://www.legaladviceline.com/

http://www.virtualcourthouse.com/


Cyberspace is like any Cyberspace is like any other placeother place

• Pre-existing rules apply

• Early ethics opinions

• Canter

• Sometimes rules are not a good fit


Attorney-Client Attorney-Client RelationshipRelationship• Creates an application of the rules

• In the eye of the beholder

• TestsSame service to opposing partiesNot UPL if provided by lay personInformation, not advice


Information vs. AdviceInformation vs. Advice

• Is it fact specific?

• Does it involve judgment?


What does it mean if What does it mean if the rules apply?the rules apply?


Limited Scope of Limited Scope of RepresentationRepresentation

•Reasonable under the circumstances

•Informed consent


ConfidentialityConfidentiality

• Inadvertent disclosure

• Encryption

• Metadata


ConflictsConflicts

Intake and duty to prospective client


Candor to the TribunalCandor to the Tribunal


UPLUPL• Definition of the Practice of Law

includes document preparation

• Distinguish scriveners

• Pro se exception

• Dacey

• Parsons

• Reynoso


QuestionsQuestions

eLawyering ABA Techshow 2008

Technology

Transcript of eLawyering ABA Techshow 2008