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

How to Add a Virtual Law Office to a Traditional Law Practice

To add a Virtual Law Office, an On-line Practice & Case Management Software Application with an integrated Client Portal, to a traditional brick and mortar practice should not be a problem as long as the steps and suggestions below are followed during the process.

1. Select the available, on-the-market Virtual Law Office, an On-line Practice & Case Management Software Application with an integrated Client Portal, based on the application's functions, pricing, platforms, compatibility, accessibility, support, and any other feature(s) that will satisfy your requirements. Remember that there are no perfect off-the-shelf software solutions that will satisfy your requirements completely. Be flexible and willing to learn about how the program works to use it to its full extent. Work with the provider if you need help and, in some rare cases, to lightly customize the provided application. The said customizations might be the key elements that are missing in the solutions you currently use and might help improve your business workflows and successfully run your business.

2. Verify the State Bar Associations rules and regulations regarding your on-line business. Some State Bars have specific requirements regarding this type of business, especially if the intention is to expand your firm’s client base beyond your local area to tap into a broader market of potential clients that are looking for legal services. Collaborating with other attorneys statewide, nationwide, and even internationally to deliver legal services to clients on-line within multiple jurisdictions by using the same Virtual Law Office, an On-line Practice & Case Management Software Application, is one way of doing it, provided, of course, that the rules of professional responsibility along with security demands and requirements are fully met.

3. Contact malpractice insurance company to inform them about the decision to use the Virtual Law Office. Some carriers might quote lower rates – the use of the Virtual Law Office’s secure technology reduces malpractice risks.

4. Make changes to the corporate charter to include the Virtual Law Office, an On-line Practice & Case Management Software Application with an integrated Client Portal, to make it official and to reduce the potential liabilities related to its operation.

5. Make sure that the firm’s website that is used to promote the main brick and mortar business is connected with the Virtual Law Office. This can be achieved by creating a Contact Us or Inquiry page(s) which will collect and insert visitors’ information into the Leads module of the Virtual Law Office. Later, those Leads can be converted into Client Accounts.

6. To accept on-line payments, set up an account with electronic payment clearinghouse companies. DO NOT store credit card information or other financial data on the site to avoid liabilities for potential breaches and security issues. The Virtual Law Office provider might have solutions already in place. Work with the provider to learn how to set the account up.

7. Set up your own data backup processes and procedures in addition to a data escrow protection for the Virtual Law Office – data escrow is a backup process of the data with a completely independent third-party hosting company which is not related to the Virtual Law Office provider.

8. Start using the Virtual Law Office, and educate the firm’s staff and clients on how to use it

To learn more about the features and functions of the Virtual Law Office, an On-line Practice & Case Management Software Application with an integrated Client Portal, visit our site @ www.attorneysbackoffice.com