With all this talk about virtual law firms, we need to examine the message we’re giving to our clients when we engage in lingo. To do so may enable us to positively effect a change in buying attitudes.
This post is a long time coming. It’s been marinating like a steak waiting for the grill to get hot, but this grill has been heating up for awhile.
There’s been a lot of talk about the virtual law firm going on lately. It’s the topic du jour, likely in part because so many lawyers are looking for a way to reduce overhead and leverage technology to maximize profits without sacrificing the quality of the services they deliver. I’m fine with that, but I am definitely not fine with the virtual law firm.
This, by the way, from someone who’s use the terms virtual law firm and virtual law office many times over the years. But something woke up inside my head awhile back that just made me wonder what the hell I’ve been thinking when it comes to such phrases.
Mea culpa, mea maxima culpa.
Let’s get something out of the way. I’m not opposed to the delivery of legal services via an online portal. I think that, provided there is competent counsel on the other side of the Interwebs and we’re not just talking about using your law license to justify spitting out forms, people can benefit from this means of getting advice from an attorney.
According to a post by Larry Bodine:
When asked whether they have a virtual law office/virtual law practice (i.e., do not typically meet with clients in person, and primarily interact with clients using Internet-based software and other electronic communications software), 14% percent of lawyers surveyed responded affirmatively, according to the new 2010 ABA Legal Technology Survey Report Update.
Terrific, lawyers are using technology. You all know I’m a big proponent of doing that. But this is NOT a virtual law office. Period. And to call it so is just plain wrong.
One more disclaimer, folks – I’m not knocking Larry Bodine for using the term. Like me, Larry is just invoking the phrase we’ve been accustomed to using. And I have nothing but respect for Stephanie Kimbro, the woman who pioneered the current concept of the virtual law office.
But as of right now, it’s got to stop. It doesn’t accurately reflect how online delivery of legal services really works.
According to our friends as Wikipedia:
virtual (not comparable)
- In effect or essence, if not in fact or reality; imitated, simulated, substantial.
- In fact a defeat on the battlefield, Tet was a virtual victory for the North, owing to its effect on public opinion.
- Virtual addressing allows applications to believe that there is much more physical memory than actually exists.
- Nearly, almost. (A relatively recent corruption of meaning, attributed to misuse in advertising and media.)
- The angry peasants were a virtual army as they attacked the castle.
- Of something that is simulated in a computer or on-line.
- The virtual world of his computer game allowed character interaction.
- (computing) In object-oriented programming, capable of being overridden with a different implementation in a subclass.
- Related to technology.
- virtual communication
Virtual does not mean “a law firm operated online.” It means, strictly speaking, “kind of , sort of a law firm.” And though the techno-geeks among us are happy to call it a “virtual law firm,” let’s think about what clients hear when those words are uttered. They hear that their lawyer is operating something less than a real law firm.
Look, if you’re a lawyer then you are either self-employed, operate a law firm, or work in one. Your law firm is real, not ephemeral. Your expertise, knowledge, and techniques are very much the real deal. Your presence is confirmed on this planet.
Your means of delivery of services is online, but that does not mean it’s virtual. Does anyone think of Amazon as a virtual company? How about Google? Of course not – the companies are real in spite of the fact that they do business online. Their profits are tangible, their products physical.
Perhaps you use a service like Dropbox to sync your files via the cloud, or Skype for phone calls. You’re using RocketMatter or Clio for case management. Maybe you’ve even got a virtual assistant on your team. Does this make you a virtual lawyer? Does it somehow make you less of a professional?
Of course not. You’re just as professional as the attorney with a server in her office or the lawyer with a stack of paper files on his desk. To think otherwise is ludicrous.
I know that the public is becoming more interested in the notion of what is being called a virtual law firm, but I would think some of barriers to acceptance might be to understand the role that language has on perception. Remember when banks came out with “debit cards?” Well, the public didn’t exactly flock to the payment solution until they were rebranded as “check cards.” Sure, we call them debit cards now, but the marketing changed our minds on the whole to help the idea gain traction and mass adoption.
So, too, with the whole “virtual law firm” moniker. For that reason I encourage you to consider your firm as just that – a law firm. Not some imitation of the real thing. From now on, that’s the term I’ll be using.
What do you think? Am I on the right track?
Image credit: TheAlieness GiselaGiardino²³ (flickr)
I do think you are on the right track. When I became a virtual legal assistant I struggled for a long time with the term "virtual", finally using it but never truly happy with it. It's why it's not part of my business name for that matter.
Virtual doesn't mean the same to clients (mine or the average client of a lawfirm) as it does to those of us used to hearing it online with people who are more technologically savvy. We need a better term or to just do away with that descriptive component altogether!
Absolutely, Laurie. What you do is not virtual – if it were, your clients (which I know are numerous and happy with your services) wouldn't be getting anything but bits and bytes. You work remotely using technology, but what the work product is tangible.
When I explain to people (lawyers who don't know what a VA is) that you are my Virtual Assistant they ask if you are a real person. I think they are picturing a robot. But your work is anything but virtual! I will have to start calling you my Super-Duper First Mate In Charge Of Time Saving & Profit Generating.
"Virtual law office" has been bugging me. It sounds like living in a virtual world, and being virtually somebody else. I agree with you Jay.
Hi Jay. I believe some of this is rehashed from a series of posts you, Chuck Newton, myself and others engaged in last year. Here's the link to my response from last year with links to the other posts: http://virtuallawpractice.org/2008/12/attorneys-d…
After much debate, I chose to go with the technology definition of the term rather than the philosophical. My online clients over the past several years have not had any problem understanding the term and that my services are professional legal services. In my case, it helps them understand that I'm providing unbundled or limited legal services and not full-service representation online.
"Elawyering" is the term the ABA elawyering task force uses to discuss virtual law practice and other forms of providing legal services online. See the task force's website for white papers and more in-depth definitions of the practice: http://www.elawyering.com Maybe the next generation of attorneys practicing law online will go with "digital lawyering" instead of "virtual". As you say above, regardless of what term or "buzz word" is used, it is the professional delivery of legal services online.
People may well misunderstand what the term "virtual law firm" means, and think that it is something less than real law with real lawyers and clients, but your example of the debit cards is a good one – once people understand, they will accept the terminology. After all, people often think that assigned attorneys / public defenders aren't "real" lawyers, but they are quite real.
Hi Jay. Sometimes a term moves into common usage with unanticipated consequences and a different meaning than its common meaning. Our market research shows that when consumers see the term "virtual law firm", that it signals that it is a law firm that is willing to offer legal services in a non-traditional way, including offering "unbundled legal services," and "fixed pricing" and online through a secure section of their web site.
The term signals that this is a lawyer that has figured out how to compete with the non-lawyer web sites that are proliferating such as http://www.legalzoom.com with a better value proposition. These firms differentiate themselves by using the "virtual lawyer" moniker and other similar adjectives to describe their unique approach to delivering legal services.
It is a marketing message that is powerful, because at the present time there are very few lawyers who have learned to harness the power of the Internet to increase their productivity and keep their prices affordable. "Virtual lawyering" communicates a messages to consumers that this is not your "grandparents" law firm.
I doubt that consumers think that a virtual lawyer is someone who is just an avatar in http://www.secondlife.com. At some point in the future, delivering legal services online will become common. At the present time it is not, and these law firms are trying to differentiate themselves from from the rest of the pack. Moreover, there are very few law firms reaching out to the broad middle class with affordable legal services and too few law firms using the Internet as a platform for the delivery of legal services. For a directory of some of these law firms, see: http://www.mylawyer.com.
"Virtual law firms" represent a new category of law firm that are reaching out to a "latent" market of consumers with a new value proposition.
Moreover, the 2010 ABA Technology Survey Data is in my opinion simply inaccurate and misleading. See my comment on this at: http://www.elawyeringredux.com/2010/07/articles/v…
Finally since you are fond of quoting from Wikipedia, you should include these references, which in my opinion have authority:
http://en.wikipedia.org/wiki/Elawyering#United_St… and http://en.wikipedia.org/wiki/Virtual_law_firm
Jay,
Typically I think your blog posts are very insightful. This one, however, is simply an argument over semantics. I don't think the term "virtual law office" leaves the public with the perception that the practice is "kind of" a law firm.
Kelly, semantics is exactly what I'm arguing. The question of the impression a term makes on the prospective client influences the decision to hire (or not hire) a particular lawyer. We engage in, "online banking," not, "virtual banking." Virtual would make people less likely to trust the entity – remember NetBank, closed in 2007?
I don't conclusively know what the public perception is about a virtual law firm, but I do know that the public has shown a reluctance to deal with virtual businesses overall. Perhaps dropping the term "virtual" would allow for greater adoption of this convenient and excellent business model.
I provide virtual legal assistant services and have done so for over 20 years. Well, I thought I had been providing "virtual" services all this time.
Questions that I have received from potential clients seem to center around whether "virtual" means that my office is located somewhere other than that outlined on my web site; and whether I would be the one providing the legal assistant services or if I would sub-contract to another person.
I believe 100% in the value that my [virtual] services provide. Some of my clients are solo's, while others are one-attorney brick and mortar and/or law firms. No matter where my client's office or firm is located, it is very gratifying to be a part of a powerful and succcessful legal work team. The amount of work we accomplish and the amount of money saved is considerable.
So, that brings me back to the question in my mind … am I really virtual? Still pondering that …
When talking to people about what we do, semantics is everything. The layman definition of terms, whether correct or not, IS the definition. It is the impression that is left. However, I have to agree that the term virtual no longer means perceived or kind of like to people. Today, it means online, the opposite of brick and mortar. It's meaning has changed and, with it, the impression that it leaves people.
For online business "virtual" has a different meaning. It essentially means through the internet (at least primarily – virtual companies still talk on the phone, fax, and meet in person, etc). It also means people working for the company are in different locations rather than one office, and that the services the company uses to function are not all in-house (for instance HR, billing, etc).
Your issue with "virtual law firm" is not even really a semantic one, because it disregards that fact that given what is commonly called a "virtual company," online law firms are precisely virtual law firms.
This may not be understood by the public, so there may be an important point here with regard to marketing. Beyond that though, so what?
Doing quite a bit of reading on "virtual law firms" (for the sake of argument), I am quite fascinated at the focus on minutia, and that when it is called a virtual law firm all kinds of rules apply – which don't if a traditional law firms is engaging in the same practices (i.e. communicating via email). For instance, a secure portal is a good idea for all lawyers who use the internet. It is also cheap and easy to install. The same for payment online. But virtual law firms seem to be required to do this, while traditional law firms aren't.
There does not seem to be a lot of there there. We all use the internet to communicate. A virtual law firm may do so much more. But is this discussion really about practice, or to start a buzz? Either works for me, but it is very unclear to me which it is.
Rebecca Weinstein, Esq.
BidsFromLawyers.com http://www.bidsfromlawyers.com