What Do You Need to Know About the Rules and Guidelines that Apply to a
Virtual Law Office – Part 1
In our previous publications, we’ve talked about how a virtual law practice, or a virtual law office, an on-line (“cloud”) software application, like the Attorney’s Back Office, is becoming increasingly popular as an alternative to the traditional, physical law office. The most important components within these software applications are the modules that help manage the entire law practice, including matters, clients, document management, calendaring, e-mail, tasking, accounting, time & billing, and reporting, as well as others. These modules provide an attorney/paralegal access to the software in order to run daily business operations and handle other business transactions related to the delivery of the legal services.
A virtual law practice, or a virtual law office, also typically involves the use of a secure internet portal to render legal services, communicate with clients on the matters, and exchange documents and information within a digitally secure on-line environment with an end-to-end encryption.
Advocates of this type of approach emphasize decreased office rent and other overhead costs. They say that it helps increase productivity and the attorneys' ability to find that so called “work-life” balance allowing them to spend more time with their families and work from home.
Critics of this approach stress the need for in-person client meetings to collaborate with them, to manage the firm’s staff on-site to resolve day-to-day issues and problems, and to run daily business operations.
However, advocates and critics agree on one thing: attorneys practicing in a virtual law office must be in full compliance with the employment laws and the rules of professional conduct.
Under the employment laws, issues related to the operation of a virtual law office are similar to the policies that apply to telecommuting. Law firms that use the virtual law office software should adhere and implement practices and policies to address the following:
• Firm’s clients’ and staff's privacy and safeguarding of confidential information;
• Well-defined methods for time tracking, billing, and reporting;
• Firm’s staff's access to the Internet, computers, and the use of other equipment;
• Firm’s staff's compensation and safety issues.
In the United Stated, most of the State Bar Associations have issued their own Rules of Professional Conduct that the law practitioners must consider when using a virtual law office. These Rules are modeled after the August 2012 ABA-approved recommendations. They are based on the recommendations issued by the Ethics 20/20 Commission in order to amend the Model Rules regarding attorneys’ use of technology.
In California, for example, there are no special rules of professional conduct that specifically address lawyers practicing and using virtual law office software. The chosen approach is simple – the same exact rules of professional conduct that apply to a traditional law firm apply to a virtual law firm.
The application and the enforcement of the rules, however, bring up some unique questions for virtual law office users, such as unauthorized practice of law, safekeeping clients' confidential information, communication and collaboration with clients, and others.
In our next article we will discuss more details related to the Rules of Professional Conduct.
For more information on the features and functions of the On-line Practice & Case Management Software Application visit our site @ www.attorneysbackoffice.com
