Is The Virtual Law Firm Model Coming Up Short?

virtual law firm home officeIt sure is cool to talk about the virtual law firm, isn’t it?  Read the magazines and blogs catering to lawyers, wander the floors of the conferences – you can’t miss the bright, shiny new objects.

I’m writing this from my workspace, located on the top floor of a home on a leafy street.  I’ve done three consultations today, fired off a bunch of emails, and had meetings with my staff and partners as we go through our week.

My office is about 30 minutes away by subway, but I won’t be there today.  In fact, there’s a very good chance that I won’t be there more than a few days this month.

When I’m in the office, it’s to meet with clients personally and look folks in the eye.  But actually work there?

Not so much.

I can be home when my family comes home, and I get to be the one who takes my son to school every morning.

I have lunch on my sofa, where I can watch a few minutes of television without interruption.

If there’s a lull in the action, I can take a walk around the neighborhood or grab a cup of coffee.

When my family wanted to take a two week vacation to Florida, I didn’t miss a beat.  I could likely live thousands of miles from my practice without losing traction.

This Is Not A Virtual Law Firm

When you look at what I’ve got going, it’s not a virtual law firm.

According to the ABA, the virtual lawyer has “found dramatic new ways to communicate and collaborate with clients and other lawyers, produce documents, settle disputes, interact with courts, and manage legal knowledge. ELawyering encompasses all the ways in which lawyers can do their work using the Web and associated technologies.”

That’s not me.  I use technology as a tool, much as attorneys before me used fax machines, copies, and typewriters.  But it’s just that – a toolkit.

The ABA Elawyering Task Force tells us that, “[t]o be successful in the coming era, lawyers will need to know how to practice over the Web, manage client relationships in cyberspace, and ethically offer “unbundled” services.”

Bullshit.

Is The Virtual Law Firm A Failure?

It seems as if the lifestyle design folks are starting to get their hooks into the legal profession, touting the virtual law firm as a way to work less, make more, and sit on the beach sipping drinks with umbrellas in them.

At the same time, I hear whispers from virtual lawyers who complain that they’re not making money.  They’ve got these software packages, they read the books, they follow the virtual law firm gurus.  In spite of this, success eludes them.

Clients get forms spitting out of the computer, emails and portals.  Their lawyers are using these “dramatic new ways” rather than focusing on the real need of human contact and personal service.

Some would say it’s a failure of marketing.  Others would say their entire business model makes them somehow less than a “real” lawyer.  I disagree with both points.

When I decided to become an untethered lawyer, I did so because I had an infant at home and didn’t want to be sitting in the office while he grew up.  Not only that, my office had been just a few blocks from Ground Zero on that sunny Tuesday morning in September; I had experienced the difficulties inherent in transacting business in the face of that tragedy.  I’d been toying with being location-independent for some time, so it was just the final push in the right direction.

The Virtual Law Firm’s Missing Ingredient

The personal relationship with my client is the thing I find most fun about being a lawyer.  Becoming a virtual lawyer didn’t fit with me because I didn’t want to sit behind a computer screen all day.  I needed to be in the real world, solving real problems.  I realized early on that the mindset was more important that the technology.

Turns out, clients feel the same way.

Email doesn’t substitute for a phone call.  A phone call isn’t the replacement for a handshake.

Those who offer the virtual law firm are selling something most people don’t want.  People want to be able to make a personal connection with other people, to build trust in a lawyer’s expertise.  They don’t want to be met with a password-encrypted firewall and triple-redundant backup systems.

How To Make It Ready For Prime Time?

There are lots of organizational concerns that go into creating a virtual law firm.  You need staffing, management, marketing and file management solutions.  You need to figure out how to connect with people who are not necessarily in front of you.  In fact, you’ve got to determine when being face-to-face is best for the client.

What you don’t need or want is for a set of tools to function as a solution without more.  A VLO platform may help, but it’s not smart to tout it as a revolutionary application for changing your entire business model.

That’s my take on it.  But I’m curious to hear from you, practitioners working in a virtual law firm environment.  Is it working for you?  And if not, where do you think it’s coming up short?

Image credit:  TranceMist.

Remaking The Bankruptcy Law Firm: A Journey

The Location-Independent Bankruptcy Law FirmI recently told you all about my new journey, one of remaking the bankruptcy law firm.  It’s all about taking an old-line consumer bankruptcy lawyer’s operations in midtown Manhattan and creating a location independent law firm from the ground up without disturbing the existing practice.

For the past few weeks I’ve been sitting back and watching how things operate.  What’s struck me is that this is a place that looks exactly like the other consumer bankruptcy law firms I’ve been working with over the past few years; a place of controlled chaos, where clients run the joint and the staff does everything possible to keep the ball moving forward.

I outlined a few things that needed to get settled when it comes to being a location-independent law firm.  They are:

  • telephone systems
  • computer needs
  • email hosting and security
  • faxing (because some people still use the fax, darn them)
  • file management and backups
  • case management processes
  • effective calendaring
  • client and public education
  • staff management and human resources considerations
  • electronic document management and archiving

I’m sure there will be more, but for the time being I think I’ve bitten off well enough to make for an interesting travelogue of sorts.  In the coming posts, which will unfold over the next 3 months or more, we’ll talk about the challenges of managing and growing a location-independent law firm without upsetting the apple cart too much.

See you soon!

What Does Google Wave Mean For Lawyers?

Google Wave For LawyersI’ve been fortunate enough to snag a tough-to-come-by invitation to Google Wave, and have been playing with it for about a week now.  Due to the fact that only a precious few invitations have come from the Wave HQ, my contact with others has been limited.  Still, it has not dulled my interest in this remarkable new platform.

Before diving into the Wave (no pun intended – until now) I want to be clear on something.  Nobody knows what this platform will be, nor the uses that will ultimately shape it.  We can only suspect that Google put a lot of time into trying to come up with some ideas for use, if only because it threw a considerable amount of developer power behind it.

What’s odd is that some pretty high-profile tech and social media folks have effectively written off Wave – Robert Scoble essentially called it worthless.  But what they fail to note is that Wave is merely a platform on which to build interesting tools and use accordingly.  It’s a good idea to bear in mind that platforms such as Twitter started out as one thing and then became what the world wanted.  So, too, with Wave.  It’s there, but it’s up to the world to decide what to do with it.

What Is Google Wave?

The first thing we need to understand is Google Wave itself. Billed by Google as “a personal communication and collaboration tool,” it’s essentially a web-based platform that lets you merge e-mail, instant messaging, wikis, and social networking in a single document – called a “Wave.”

Huh?

OK, think about this for a minute. You send me an email. I respond with a voicemail. You miss my call and shoot me an instant message. We finally get together on Twitter and decide to work on a pleading together (you’re helping me because I’m clearly headed in the wrong direction). Rather than email it to you, we work on it at the same time on the same screen.

None of this is new. Except for one major change.

If we’re using Google Wave, we can do all of this stuff on a single screen and keep our disparate conversations together.

Cool, huh? OK, let’s take it one step beyond (cue the ska music).

We’re working on this pleading and decide to get another set of eyes. You reach out to your colleague and ask for help. Colleague agrees and joins our Wave. In so doing, the colleague gets to see each and every communication we’ve had on the subject because the new addition can scroll through the entire history of the Wave.

No more looking in a million different places to cobble together an understanding of a subject, conversation, etc.

Still confused? Here’s a pretty good video to check out on the subject:

Google Wave For Client Communications

You’ve got a new client who wants to talk about a legal problem.  So you open up a new Wave to get a sense of the issues.  Client shows you some documents, points you to a website for more information, and you realize there’s something going on.  You add one of your staffers and another lawyer to the Wave so they can provide insights.

Once you decide to work on the matter, you give the client the retainer.  Client signs electronically and gives it back to you.

All through Wave.

That night you can’t sleep, so you’re researching the issues.  You pop back into the Wave and put up your findings.  Everyone else is blissfully asleep, but the Wave rolls on in their absence.  When they log back onto the Wave, it will be there for them to comment on, update, add to, and the like.

And once you’re done, you simply save the Wave to your files.  A full electronic record of client communications, right there at your fingertips.

Every time you interact with the client, you update that client’s Wave.

Google Wave As A Possible Boon To Virtual Law Firms

Take the above example and move everyone out of the office.  You’re at home in Texas, the assistant best matched to the issue is in California, and the other lawyer you want to work with is on vacation in Jakarta.  The client is in Chicago.

With Wave, it could be all in one place.  Every communication, interaction, thought, citation, pleading, idea … it’s all limitless.

Your social media outlets, emails, voicemails, notes, wikis, ideas, phone records, podcasts, PDF files … all in one place.  The ultimate collaboration.

It Could Be This, Something Else, Or More.

The truth is, what I’ve outlined above is nothing more than a bunch of guesses about what Google Wave could be – not what it is.  As Mitch Joel said in his insightful post on the subject:

At first glance, if something is new and unique it’s going to immediately cause us to recoil or shrug our shoulders. Nobody wakes up in the morning and wants their existing patterns changed (don’t believe me? try moving the coffeemaker to a different location in your office every morning and let me know how long you live). After the shock and awkwardness of the newness, and as people settle into a more regular routine with their new applications and platforms, that’s when the “a-ha!” moments start to happen.

Before you go drowning Google Wave, give it a moment to really sink it before passing judgement on it. Inevitably, we all wind up back-peddling on those initial reactions as we begin to realize that the reasons we were chastising it are the exact same reasons that make it so innovative, new, different and relevant.

The true test of Google Wave will come not now, not in 6 months, but only after we’ve all had access to it for a little awhile and have figured out how we want to play with it. It took awhile for Gmail to catch on (threaded conversations confused the heck out of a lot of people). Twitter is still a mystery to most lawyers.

One thing’s for sure, though. Google Wave is a game-changer. The way we communication is evolving, and it’s important for all of us to recognize the opportunities that may present themselves with these new platforms. Our task is to investigate the platforms, spend some time thinking about them, and resist the urge to discount them as tools for our law practices.

For some Google Wave basics, check out Lifehacker’s post on the topic.

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