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What did it take for me to become a virtual bankruptcy lawyer? I was sitting on the terrace, looking out over the beach in Acapulco. It was 85 degrees and sunny, yet the breeze coming off the water kept me cool.
My vacation was hard-fought, and well-deserved after the sprint leading up to the change in the U.S. Bankruptcy Code in October 2005. I took a sip of my morning coffee and pondered whether I’d have lunch in the hotel or at a little taco place my wife and I had discovered the day before.
My laptop chirped at me, and I snapped on my headset. It was time for a consultation appointment. Virtual bankruptcy lawyer springs to action, leaving the coffee behind!
There was a time when the notion of a virtual law office was unheard of. A law firm operating without books, without desks, and without a physical location was unprofessional and extremely unorthodox.
No longer is that the case. Companies such as VLOTech and DirectLaw will help you get your virtual on. Free and low-cost applications help shuttle you to the cloud, where a world of wonder awaits you. Work from the beach, across the world, or just from your home with the dog by your side.
Lovely, no?
But here’s the problem – and it’s a real one. The VLO model is largely an online document and communication repository for lawyers. But a VLO does not help you become a virtual bankruptcy lawyer, or to transform your law office into a virtual one.
My firm has a physical location, but I’m not enamored of going there. I’ve got a totally different mindset. The mindset of a virtual bankruptcy lawyer, not one of a land-based attorney.
Take, for example, the story I told you at the beginning of this piece. You may be amazed, entranced or just shocked that I could work from the beach in Acapulco. But when you break it down, it’s not amazing whatsoever.
The Virtual Lawyer’s Tools Are Not Amazing
I don’t use any of the VLO platforms mentioned above; they’re excellent, but not what’s in my bag. I relied, and continue to rely, upon a few basic sets of tools:
Phone: Skype, a computer-based application, allows me to make and receive phone calls to a regular U.S.-based telephone number using only a computer with Internet access. Costs me under $100 per year for a local number. But if I didn’t want to go that route, I could simply use my cell phone with global roaming on it.
Internet-Based Faxing: People use faxes, much to my chagrin. I use MaxEMail, but there are a number of excellent providers out there. Here’s how it works: someone puts a piece of paper into their fax machine, dials a local (or toll-free) number, and faxes it to you. Instead of the page coming through a fax machine, it shows up in your email box as a PDF. Once again, it costs me under $100 per year to keep this going.
Case Management: I currently use RocketMatter, but have used Basecamp in the past. It gives me the freedom to access client information on the go, and it’s reliable so long as I’ve got an Internet connection. Basecamp allows me to give clients access to their documents, RocketMatter does not. But there’s a solution.
Client File Access: I use Dropbox, which allows me to synchronize files among computers and backs up to the cloud. Using Dropbox you can share a specific folder with any other Dropbox user; all they need is an account, which they can get for no cost. Tell your client to get a free Dropbox account, and then share their file with them. When the matter is closed, revoke the sharing privileges.
My File Access: Once again, I use Dropbox. There are other solutions out there, but I like Dropbox because it’s got tons of features and is accessible from my Android device (they’ve got an iPhone and iPad app as well). To get files from paper into my computer I either scan them using my ScanSnap scanner or, ideally, have clients fax them to me (remember, those faxes come through as email attachments in PDF format).
Staff Communications: We use Google Talk to communicate. Nuff said.
Calendaring and Appointment Setting: We use Google Calendar for our calendars in the office, and a web application called AppointmentQuest to allow people to set up appointments to speak with us. Appointment Quest is not the only system out there, but it does allow us to block off times when we’re not available and move stuff around.
Email: Google Apps. Free, web-based, accessible using our phones, and lots of storage.
The Virtual Lawyer’s Mindset Makes the Difference
Nothing outlined above is earth-shattering, nor is it custom-made. It does, however, reflect the reality that we can work anywhere, any time. Our clients need not be technologically advanced, either; the only thing they need is a telephone – everything else is on our side. So it makes no sense to me when a lawyer tells me that they don’t go virtual because their clients aren’t tech-savvy. That’s an excuse, not a real reason.
If you want to be a virtual lawyer, all you need to do is take a step outside. Then another. And then another. Repeat until you’re in a comfortable location, and then open your laptop. Keep the cell phone charged, maintain connectivity to the Internet, and get down to business. That’s pretty much all there is to it.
The chains aren’t real. All you have to fight against are your own preconceived notions about where you work.
To be sure, there are things you’ll need to do in order to prepare for that walk outside. But once you have the mindset, the solutions to the other minor problems will soon come into sharper focus.
Photo credit: Giorgio Montersino (via Flickr).
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Nice! Working from the beach? That is my ultimate dream. Thanks for the tips on making it a reality.
Question: As a bankruptcy attorney, do you go to court? One of the things I find myself obsessing over is being in Valencia, Spain (my dream location) and having to get back to NY, NJ or CA (the states I am admitted or soon to be admitted in) to appear in court. I guess I am in denial that I can build a practice by which I will never, ever have to appear in court. Can you speak more to this?
Rachel, the reality is that bankruptcy lawyers go to court. That having been said, however, you may be able to structure your filings such that you have to be in court only a few days a month (we can stack filings here in NY, which makes it easier). In the alternative, I know of many bankruptcy lawyers who have of-counsel relationships with other attorneys to handle 341 meetings and Hearings on Confirmation.
I learned a long time ago that dreams are fun, but reality is more fun.
Great article, Jay. I agree with you, it's the mindset more than the technology you choose to use. That said, I think a virtual lawyer has to be extra careful that they keep up to date with the technology as it changes especially with regards to the level of security that it provides for their law office data and transmissions of sensitive client information. Sometimes that part is not so easy if you have a busy law practice, but I think it's key to successfully going virtual.
Looking at the stronger data security laws adopted in MA and NV, I would predict that in the near future the level of security required to constitute “due diligence” by attorneys will be raised to one that requires encryption of the client's confidential data. One of the other risks is that the virtual attorney does not adequately question the prospective vendors that host the different applications they might use to deliver legal services online. They need to carefully read the terms of service for each and understand how that impacts their online law practice
There are also malpractice checks that may not be in piecemeal cloud computing apps that aren't specifically designed for attorneys but that might be best to have in place or for them to find ways to replicate those checks using their chosen applications. There are certainly ways to do this using multiple applications, even to combine them with document assembly programs to help streamline the workflow, but again, it's the responsibility of the individual attorney to stay up on the tech, security as it changes and to really understand their arrangement with each software provider whether it's a free app or subscription based.
I'm presenting a session on Virtual Lawyering at the ABA Annual Meeting in a couple weeks with Rich Granat, Marc Lauritsen and Will Hornsby that covers some of the issues you've touched on. I'll invite anyone who is attending to join us and ask questions.
Jay, a virtual law firm is a state of mind. It more involves the practical process of figuring out how to work and collaborate without the need, necessarily, for a physical office or location. I was a virtual lawyer before the Internet was a productive means of accomplishing this goal. Then we found people that could help us obtain the documents we needed and fax them to us. The point is that felt our way through the perceived barriers to make it work first, and then we later employed cheap tech to accentuate what we had already established. I do not use anything overly special or expensive. I have Vocalocity for my phones and fax. I could use something like Google Voice, but I collaborate with other lawyers who work from their different locations. I use Skype and my cell phone for incoming calls, and of course Vocalocity provides the virtual assistant. I still use Basecamp because it helps me keep everyone informed and allows for easy communication between my virtual office, my collaborating attorneys, referral sources and clients (or potential clients). For document prep I just use Word templates and merge fields I have developed over time. I use a simple Excel spreadsheet template for time records. For sharing documents and the Word database and files among the collaborating attorneys, we are all hooked up to Window's Live, which is free. This saves us from having to back up either, because our files are maintained a number of computers. If someone drafts a document, adds a file, changes something, it syncs with all of the other computers. I have thought of a more cloud based system for this, but the tech is not quite there yet. I think VLO can be good in collecting information or communications, but I think too many lawyers look at it as the end all. My main complaint is that lawyers sell these VLO as a virtual service. I do not. I practice law and market what how I can help people with their particular problem. I think my client's are grateful for the virtual attention, but I do not think many people hire someone because they are virtual.
My husband (with my help) runs a part time virtual bk office.. it works pretty darned well! He uses ringcentral which provided him an office phone number which then routes to whatever phone he wants it to (usually mine as I answer his phone). He also can send/receive faxes through ring central. It's worked quite well. He meets clients evening/weekends at an executive suite office that he pays a friend to use. Overhead is very very low which is great. Thanks for the additional tips as to how to go virtual. Very helpful.
My husband (with my help) runs a part time virtual bk office.. it works pretty darned well! He uses ringcentral which provided him an office phone number which then routes to whatever phone he wants it to (usually mine as I answer his phone). He also can send/receive faxes through ring central. It's worked quite well. He meets clients evening/weekends at an executive suite office that he pays a friend to use. Overhead is very very low which is great. Thanks for the additional tips as to how to go virtual. Very helpful.
My husband (with my help) runs a part time virtual bk office.. it works pretty darned well! He uses ringcentral which provided him an office phone number which then routes to whatever phone he wants it to (usually mine as I answer his phone). He also can send/receive faxes through ring central. It's worked quite well. He meets clients evening/weekends at an executive suite office that he pays a friend to use. Overhead is very very low which is great. Thanks for the additional tips as to how to go virtual. Very helpful.
Thanks for sharing your favorite tips, Jay!
I feel like I am “plugged in” all the time and I have a brick and mortar office (literally). I find that email has become too easy and a client expects immediate feedback. God forbid I might be arguing a motion or driving down the interstate.
I recently told a client (who abuses email contact) that her “quick question” would in fact require substantial analysis and that she should schedule an appointment to come in so we could discuss it. She never called. Once it became less convenient for her, she decided that the question wasn't really important after all. I find that a lot. Do you have this experience and if so, how do you handle it?
Michelle, being plugged in doesn't equal being accessible 24/7. I make it clear with my clients that there are boundaries, and they need to be respected. There are always going to be clients who do not work well with you, and it's just fine to part ways with them based on that basis.
DropBox encrypts, SSL, bank-grade, end-to-end and at rest on the server. RocketMatters and Clio are specifically designed for law firms and are developed for security. Clio has secure document storage and sharing.
Yes.. i agree.. its all depends on totally of a midset not on technology..
technology doesnt going to help much for Lawyers..