WSSFC Technology Track Session 11

Setting Up and Running a Remote Virtual Office

Gregory J. Banchy Banchy Law Center LLC, Eau Claire

Michael F. Brennan The Virtual Attorney, Grayslake, IL

Link to Prezi Presentation included in this session: http://prezi.com/mer0rlsmwija/?utm_campaign=share&utm_medium=copy SETTING UP AND RUNNING A REMOTE VIRTUAL LAW OFFICE

GREGORY J. BANCHY MICHAEL F. BRENNAN BANCHY LAW CENTER, LLC THE VIRTUAL ATTORNEY

Introduction to virtual law practices and their use as law practice management platforms

Definition Virtual Law Practice permits the attorney to interact with clients completely online through technological means. This removes the need for a brick and mortal office and the costs associated with one. The virtual law office also gives lawyers increased flexibility to work from practically anywhere at any time. Cloud computing, storage and software enable the attorney to essentially “bring the practice” on the road to anywhere with internet access. This in turn means: a) lower costs for clients; b) enhanced accessibility; c) increased flexibility; and d) high-standard legal service not otherwise seen online with businesses like Rocket Lawyer and Legal Zoom.

Virtual Law Offices can be defined any number of ways depending on who you ask. While technology plays a central role in their operation, the reality is that most, if not all firms are operating, at least in some sense, “virtually”. Whether it is the use of cloud-based document storage or an SaaS (Software as a Service) accounting platform, like Intuit Quickbooks, most firms incorporate at least some measure of “Virtual” functionality into their operations.

A 100% Virtual Law Office incorporates multiple virtual functions into a law firm model that enables attorneys and support staff to access essential firm functions, documents and client files at any time and from anywhere.

Common characteristics Virtual Law Firms commonly possess most, if not all, of the following characteristics:

 Lack of a traditional office space  Unbundled, Limited Scope or “a la  Secure Web-based client portal with carte” legal services unique client login credentials***  Web-based phone and fax services  Cloud document storage and access  Document Automation  SaaS Accounting, Billing, Invoicing,  Virtual support services Bookkeeping, Calendaring, etc.  Minimal in-person contact with  Video Conferencing and real time clients document collaboration  Electronic signature capabilities

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Benefits Virtual Law Firms offer a number of benefits to both the client and the attorney.  These include: Extensive geographical reach  Lean operations and operational flexibility  24 hour accessibility to files and records from anywhere with an internet connection  Scheduling flexibility  Minimal operational expense and low overhead which can be converted into more attractive client pricing  Client flexibility to work with the attorney from their home or work during traditional or non-traditional work hours when it fits into their daily routine

Draw-backs While the virtual model offers a number of benefits, it does have some limitations which must be considered when determining how the firm should be structured. Limitations of the virtual model include:  Limitations on the types of services the firm can effectively provide.  Public and potential client unfamiliarity with the virtual firm structure and its benefits  Confusion with other “quasi-legal” companies like Rocket Lawyer and Legal Zoom  Professional isolation  Potentially challenging to find confidence in a virtual model if the attorney is not proficient in current technology  Traditionally a high-volume model which means that marketing needs to be a primary focus

Client Acquisition and Target Market Virtual Law Firms can find success by focusing on marketing to potential clients from some non- traditional target demographics. For example, a Virtual Law Office may find success by developing a marketing strategy geared towards the acquisition of:

 Young families and young professionals with limited flexibility to meet with attorneys during traditional business hours.  Entrepreneurial types, startups, technology-themed small businesses in fields like ecommerce, app development, web design and consulting, etc.  Pro Se litigants needing legal assistance in the drafting of court documents in areas like family law and divorce.  Technologically fluent individuals who prefer to work through online means.

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How to spot ethical issues specific to virtual law offices and potential ways to mitigate such risks.

Operating a Virtual Law Office can be an ethical minefield if ethical issues are not identified and procedures not put in place before problems arise. Ethical issues common to Virtual Law Offices commonly fall into one of three primary areas: 1) unbundling legal services and limited scope representation, 2) cloud computing, storage and security, and 3) the unauthorized practice of law.

Unbundling and limited representation “A lawyer may limit the scope of the representation if the limitation is reasonable under the circumstances and the client gives informed consent.” SRC 20:1.2(c).

ABA comment (emphasis in italics added): Although this Rule affords the lawyer and client substantial latitude to limit the representation, the limitation must be reasonable under the circumstances. If, for example, a client's objective is limited to securing general information about the law the client needs in order to handle a common and typically uncomplicated legal problem, the lawyer and client may agree that the lawyer's services will be limited to a brief telephone consultation. Such a limitation, however, would not be reasonable if the time allotted was not sufficient to yield advice upon which the client could rely. Although an agreement for a limited representation does not exempt a lawyer from the duty to provide competent representation, the limitation is a factor to be considered when determining the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.

 Virtual practitioners should articulate best practices and develop standard operating procedures for determining the scope of representation and ensuring that the client understands that scope.  Engagement letters should specifically set out what the attorney will and will not do for the client.  Clients should be given ample opportunity to ask questions about processes and the extent of work that may be necessary in their particular case so that the client is fully informed of the tasks he or she may need to undertake outside of the attorney’s representation on the matter. o For example, a virtual lawyer preparing a will for a client must make clear that the document needs to be executed in a specific matter in order to be valid. If the attorney is not supervising or coordinating the document execution, it is good practice to put that limitation in writing, explain the limitation to the client and require the client to consent to the limitation in writing.

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Cloud computing, storage and security Cloud computing and data/document storage is a central component of Virtual Law Office operation. While it offers tremendous flexibility for attorneys to work from anywhere at any time, care must be taken in order to ensure that client confidentiality is upheld and security of sensitive data remains a primary concern. Some hot spots for virtual practitioners to consider and act on, as appropriate are:

 Cloud service user agreements.  Physical and Technological Server Security. The attorney should be aware of where data is physically kept, where the provider’s servers and data storage facilities are located, the security measures the company takes to protect the data on its servers, including physical and technological security.  National Server Location. Whether the servers are located within the United States. Storage of data on non-US based servers may lead to unanticipated and unwanted legal implications.  Data extraction and migration rights and capabilities. Will the firm be able to easily extract data stored with the third party upon termination of the user contract? What procedures are in place to give assurances that the process is effective?  Subpoena requests. Attorneys should inquire into what the company’s response to a subpoena for the production of data would be.

Unauthorized Practice of Law and Conflict Checks A primary benefit of the Virtual Law Office model is that it offers solo attorneys, or small groups of attorneys, to expand their geographic reach. Through the internet, attorneys are capable of serving clients located outside of their own region. While the potential for client base growth is substantial, attorneys must be careful to ensure that they are only serving clients in areas in which they are authorized to practice law.

Best practices should be developed to ensure that:

 Mechanisms are in place to screen potential clients located outside of areas in which the attorney(s) is licensed to provide legal services, and  Systems are developed that enable the firm to run conflict checks on new clients to ensure that there is no conflict of interest

"How-tos" of virtual law office operation, including tools, techniques and case studies

A Virtual Law Office Case study | The Virtual Attorney The Virtual Attorney was founded in 2010 as a 100% Virtual Law Office assisting clients throughout Wisconsin, Illinois and Minnesota.

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Services offered The firm offers estate planning and business law services. However, it does not typically offer complex estate planning unless special arrangements are made, nor does it take part in business litigation, employment disputes, probate or estate litigation. Services are packaged and delivered at flat rates, for example a “Will Package” which includes powers of attorney for health and property, a living will, memorandum distributing tangible property, and estate information organizer. Additional unbundled or “a la carte” services are available as add-ons, for example, a document execution ceremony, in-person conferences, transfer of specific assets to trust, deed drafting and filing, etc.

This model coincides with the target market of the firm- startups and entrepreneurs getting their operations up and running, small businesses, young families with smaller estates and individuals for which tax planning and complex estate distribution is not a concern.

Take Away: Like any law firm model, it is essential in the virtual legal world to define what your deliverables and clients are going to be and are not going to be.

All services include:

o Free 30 minute initial consultation o Drafting and sending of personalized engagement letter outlining services, rights and responsibilities. o Intake form and information gathering and analysis o Routine emails, phone calls, video conferences, status updates, and other routine communications directly related to the purchased services. o Draft documents for review and sign off at which time a final executable document will be provided. o Unlimited modifications to draft documents. o Letter explaining specifics of purchased services and documents. o Detailed instructions on how to execute the purchased documents. o Disengagement letter ending representation. o Client satisfaction survey

Take Away: It is essential that Virtual Law Offices have a clear description of what their services include due to the non-traditional billing structure that most follow (either flat fee or flat fee with “a la carte” flat fee add on services).

Typical representation from start to finish A flow chart of typical attorney-client involvement is included at the end of these materials. What should be noted is the standardized model for attorney client communication. By specifically defining the services the firm delivers to clients and billing at flat rates, the attorney

5-Banchy & Brennan is able to add predictability to a typical representation which in turn enables the attorney to standardize, calendar and track every matter in the same way.

Client Base By operating virtually, the firm is able to serve clients throughout a large geographic region without the additional cost and logistical complexity involved in travel. The firm in centralized in Lake County, IL, half way between Milwaukee and Chicago but has clients from Springfield, IL up through Duluth, MN. These clients are typically comfortable using technology, including cloud-based software and video conferencing.

Take Away. Virtual practice enables a solo attorney, or small group of attorneys to serve a client base spread throughout a large geographic area, even if the attorneys themselves are centrally located.

Essential tools Low overhead is a primary benefit of virtual practice. Essentially, the firm can be operated out of a computer bag. Aside from the hardware listed below, all of these programs are cloud-based and low-cost (in many cases free).

Hardware  HP Pavilion dv7 Notebook  IPad and IPhone for mobile  HP 2511x monitor for office work  Lexmark MX330 all in one for scan/fax/print

Practice management  Templates and intake forms. Standard intakes for estate planning, business formation, etc. Templates are programmed into My Case practice management suite to automatically populate documents, letters, etc. with personal information.  Calendaring. My Case calendaring with automated reminders programmed for tasks and follow-ups.  Invoicing, payments and accounting. Itemized invoicing coordinated with My Case client portal accessible suite. Duplicate invoice through Wave Accounting platform is emailed to client with link to pay by credit card. Accounting through Wave Accounting platform with Intuit Quickbooks for comprehensive bookkeeping. All invoicing, accounting, payment processing and bookkeeping is cloud-based, accessible anywhere, at any time and manageable by the attorney or internal support staff with general accounting knowledge.

Client Communication  Video conferencing. Both Skype and Google Hangouts are used for client meetings where face-to-face communication is important. These essentially take the place of in-

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person sit downs. Both programs are free to use. The only necessary hardware is a webcam.  Email. Used for very general communications and to welcome the client to the firm and explain how to access and use the client portal, which then becomes the primary method of communication.  Secure portal links. Each new client receives a unique username and password to access his or her portal. The Virtual Attorney uses My Case (mycase.com), however, numerous options are available for the virtual practitioner to explore (see Practice Management Options).  Fax and.phone. These are still necessities in the virtual practitioner’s world, however, cloud based options are available to enable the attorney to work away from the office. (see Virtual Support Services)

Document Management  Docusign. Docusign enables the attorney to send items like engagement letters and conflict waivers to clients for review and electronic signature, thus removing the requirement for in-person meetings to sign these items and removing the hassle of emailing, printing, signing, scanning back into the computer, and emailing back to the attorney. With Docusign, template agreements can be stored and automated email reminders can be programmed that alert clients to unsigned documents still awaiting their signature.  Storage. The Virtual Attorney is a paperless* firm, so documents are all stored electronically. Primary storage is cloud based through the My Case practice management platform. My Case runs on Amazon servers, so data security is not a concern.  Backups and redundancy. All client and firm documents are backed up in two places- on the computer hard drive and on external hard drive, so there are, at minimum, three accessible copies of any given document, accessible both from the office, or remotely via the cloud-based copy.

Take Away: A Virtual Law Office requires minimal hardware and software to run effectively. The total monthly operational expense cost for what is summarized above (excluding licensing, insurance, etc.) is less than $100 per attorney. Total initial hardware costs were less than $2,500.

Practice Management Options The practice management suite is the essential hub for the Virtual Law Office. Practitioners have a number of options, depending on which features are of primary concern. Traditional practice management suites can work; however, those described below are commonly found in Virtual Law Offices.

See the Practice Management Comparison for Virtual Law Offices chart at the end of these materials.

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Pricing Unbundling legal services and providing services virtually are naturally geared towards the potential incorporation of non-traditional billing models. Specifically, flat fee billing for specified services or packages with the inclusion of flat-fee add-ons can be used to tailor a legal solution to a specific client and his or her unique needs.

Base Packages. Standard packages that form a baseline solution for common client needs with a flat rate cost. For example:

“Will Package for a Married Couple”

 Will for each spouse (with the inclusion of a testamentary trust, if appropriate)  Power of Attorney for Health Care for each spouse  Power of Attorney for Property for each spouse  Living Will for each spouse  Memorandum Distributing Personal Property for each spouse  Estate Information Organizer for each spouse  Regular communications and document draft updates

Add On A La Carte Deliverables. The Base Plan is then tailored to include static cost additions to meet the specific clients goals and objectives. For example, the addition of a revocable living trust or a HIPAA release and authorization. A confidential and current pricing schedule is kept within the firm which sets forth the specifics involved in the service add on and the cost. After client consult, these are presented to the client as part of the engagement letter automatically, or with the option to include them by initialing next to the described service. An example of an Add On Service Schedule is included at the end of these materials along with a sample engagement letter used for this type of service and pricing structure.

Environmental considerations Internet Access.

Whether the office operates as a remote to a central office or as an independent standalone “office” electronic access to resources is an important part of any virtual practice. Access to the Internet can be provided by a use of one or more “leased lines”, which are private connections to other locations such as a central office, or by use of high speed services provided by one or more “ISPs” , or Internet Service Providers, or on an ad hoc basis. Ad hoc access might, for example, include the use of dial up services or by use of wi-fi services at client locations or even public facilities such as restaurants. High speed services are common in most areas of the country today, and include options such as DSL and Cable. These services are usually contracted though companies like AT&T, Charter, Time Warner and the like. In some smaller communities high speed service may be limited, which may require the firm to use older (slower) technology such as ISDN (or even dial access). Some providers, such as companies with cable offerings (like

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Charter Communications), offer a range of service options. For example, Charter Communications offers at least two different options – one they call “Plus”, which provides access at up to 30 Mbps download and 4 Mbps upload, and one they call “ulta,” which provides access at up to 100 Mbps download and 5 Mbps upload. The main differences are speed and cost.

One of the primary issues that must be considered when choosing between different transmission options is how much data will need to be sent or received (on average – it does not make sense to plan just for the extremes). This often varies based on the type of work being done; do users send one or two small documents at a time or large amounts of data? Also, how much delay, sometimes known as “latency”, can the application/use tolerate? For example, if the line is being used to support voice (VOIP), latency can be an issue – delays often cause bad connections or echoing. Applications that utilize some type of database (e.g., SQL) expect updates within a certain period of time and “time out” if the data is not delivered within predetermined parameters. Thus, it is important to understand how the data connection will be utilized before choosing an Internet provider or options available for the provider. Finally, in most cases, only data should be exchanged over the Internet; loading programs (such as Microsoft Word) over the Internet will almost never perform acceptably and should almost always be avoided unless absolutely necessary. The only time it makes sense to run programs over a remote connection is when the application is “web based” – applications that run in a web browser such as Google Chrome or Microsoft Internet Explorer.

Remote Access Security and Use Policies - generally.

If the virtual office (e.g., maybe a user sitting at a restaurant) is connected to a central or other remote office and needs to access and/or share data with that office, sensitive data is likely to be exchanged at some point. If the connection is running over a public network like the Internet (especially over public or semi-public wi-fi, such as at a restaurant or coffee shop), it is essential that all data being sent back and forth be adequately protected. It is not enough to have access passwords – these do nothing to protect the data in transit. Another user sitting in the same general vicinity (e.g., another patron in the restaurant) can easily “see” the traffic and may be able to intercept it without a person even being aware of what is happening. In establishing an appropriate security policy for transmitting data over the Internet, consider including options such as:

-Virtual private networking (VPNs)

-Encryption of data

-Digital certificates

-Firewalls (hardware and/or software)

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Also, if access is from a small remote office, the “inside” network (where each group of computers, printers and other peripherals are located) should have appropriate security measures in place to secure wireless networks. Wireless networks typically broadcast their availability – these signals can often be seen by others, even outside of a house or other building. Unless the network is secure (use of WPA or WPA2 instead of WEP on wireless access points and routers), it is possible for cyber thieves to get onto the network, possibly gaining access to sensitive data. “WEP” (Wired Equivalent Privacy), for example, is fairly easy to “break” – there are programs that are publically available for doing this – thieves can literally sit in a car outside of a building (e.g., a person’s house), and gain access. -Practice pointer – do not “broadcast” network SSIDs (Service Set Identifiers), if possible.

Remote Access Security Policies - smartphones.

Many people use tablets and smartphones to receive emails and other forms of communication potentially involving sensitive data. Security policies are important because these devices can be stolen or lost, leaving the data in the hands of a potential cyber-thief. Policies should, at a minimum, address issues such as:

-Password or passcode controls to open the device. -The type of data being stored. -How long it is kept (most email programs, for example can be set up to only retain email for a day, week, month or other period). -A method for securely encrypting sensitive data. -A method for “wiping” the device clean remotely (or upon the occurrence of some event – e.g., a certain number of unsuccessful login attempts). Data Security and Integrity Most organizations which maintain IT departments have rigorous controls in place on their data networks because data is often the lifeblood of the organization. This is also true for lawyers, who regularly maintain highly sensitive data on their firm’s computers, laptops and mobile devices. This is true whether there are one or two lawyers in a small firm, or many more in a large firm, and whether data is kept and/or accessed centrally or available to lawyers and staff at remote (virtual) facilities. Regardless of where the data is stored, policies should be established which deal with authentication, authorization and accounting – sometimes referred to as “AAA”. -Authentication. Is the person attempting to gain access to the data who they claim to be? Authentication provides a method for identifying a user, often by requiring the user to enter a valid user name and password before access is granted. In order to achieve this objective it is important that each user have a unique set of credentials for gaining access. Credentials should

10-Banchy & Brennan not be shared, and passwords should be “strong” (hard to crack) and changed with some degree of regularity. Also, passwords should not be kept on the computer (e.g., yellow sticky). - Authorization. Control over what data a user can access and for what purpose. For example, only certain users should have access to payroll data, and even fewer the right to modify the data. To put it another way, authorization is the process of enforcing policies: determining what types or qualities of activities, resources, or services a user can access. Usually, authorization occurs within the context of authentication; once a user has been authenticated, the system may limit what they are authorized to see or do. -Accounting. Accounting keeps track of what users have accessed, changed or used, and is typically carried out by logging of session statistics and usage information. If data is deleted, for example, there should be a record of who did it, when and from which device. There should also be a way of retrieving data lost through it being mistakenly deleted or changed – some sort of backup is essential. Here is where cloud backup of certain data may be desirable. Data integrity. Data integrity refers to processes and techniques for maintaining the accuracy of data. The opposite of data integrity is data corruption. For example, payroll records, if changed, can result in inaccurate payments to employees. The overall intent of any data integrity policy is to ensure that the data is recorded exactly as intended (such as a database correctly rejecting mutually exclusive updates) and upon later retrieval, ensuring it is still the same as it was when it was originally recorded; in other words the goal is to prevent unintentional changes to information. Problems related to data integrity can result from a variety of causes, including malicious intent, unexpected hardware or software failures (e.g, a system crash during the middle of an update), and good old human error. Even small office (a single remote user) must have some checks and balances in place to maintain the integrity of their data.

Useful Tools for Virtual Law Office Operation

Virtual support services

Internet-based Phone Options  Skype (VOIP)(Skype.com) | Skype enables users to make video and voice calls to anyone else with a Skype account for free from the computer or tablet/smartphone apps. Calls to mobile phones and landlines are an additional charge ($3/month for unlimited domestic calling). Webcam required for video calls.  Google Voice (routing and management) (Google.com/voice) | Free Internet based call management and routing service. Customer number assignment, calls forwarded to cell phone or office phone, voicemail transcriptions sent via text and/or email.

Internet Based Fax  My Fax (myfax.com) | Send and receive faxes through MyFax or via email, free fax number, no need for a fax machine. As low as $10/month.

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 Fax Zero (faxzero.com | Free service, but includes Fax Zero logo on the cover page (removed for $1.99 per fax). Cannot receive faxes. Can link directly to PayPal account for the payment of any necessary fees.  Hello Fax | (Hellofax.com) | Similar features to MyFax with additional functionality that permits you to edit and sign fax documents online. Sign in using Google credentials and sync faxes to Google Drive, DropBox, OneDrive or Evernote. $10/month for 300 pages per month.

Virtual Receptionist  Ruby Receptionist (callruby.com) | Virtual receptionist services. Forward your own phone number for use. Plans start at $249/month. Data collection instructions and individual call forwarding instructions are customizable for each firm member. Overflow support if phones aren’t initially answered in the office. Written messages sent by text or email.  My Receptionist (myreceptionist.com) |Virtual receptionist services with optional add-on services like online scheduling and booking. Plans start at $70/month.  Gabbyville (gabbyville.com) | Similar features to Ruby Receptionist with ability to select hold music and coordinate conference calls via virtual receptionists. Plans start at $99/month

Bookkeeping  Bench (Bench.co) | Professional bookkeepers, not just bookkeeping software. Connect bank accounts to Bench for automatic transaction upload. In app feature allowing the client to message directly with their bookkeeper. Access to bench is sharable with additional parties, like your accountant. Plans start at $125/month.

Accounting and Billing QuickBooks (quickbooks.intuit.com) | Cloud based option. Track sales and expenses, invoicing and payment processing. Detailed reports. Industry standard for many small business accountants. Account integration for automatic import of income and expense transactions. Links to some practice management solutions, like MyCase. Plans start at $12.95/month.

Wave (Waveapps.com) | Free service. Simplified reports with less functionality than Quickbooks, but more intuitive for those with less accounting and bookkeeping knowledge. Email based invoicing and no monthly fee online credit card payment capabilities. One downside currently is the system’s default towards accrual based accounting which requires some manual workarounds if the firm is cash based.

Xero (Xero.com) | New cloud-based accounting platform with a very user-friendly layout. Connection to hundreds of third party apps to allow cross-platform integration. Small plans start at $9/month.

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Productivity and Storage Dropbox (dropbox.com) | Cloud-based document storage and collaboration platform built for easy access and sharing between multiple users. User-friendly apps for desktop, mobile and wed- based users enable easy access and intuitive workflow. Two-step verification and password control for added security of sensitive information. Plans start at $10/month per user.

SpiderOak (spideroak.com) | Cloud-based document storage. Zero-knowledge privacy policy means that only the user, and not even SpiderOak has the ability to decrypt user data. User controlled encryption passwords required to decrypt data. Spider Oak does not even keep record of the keys (so if you lose it, it’s gone). Different encryption model than Dropbox in that Spider Oak encrypts data before it leaves your computer. More limited feature set than Dropbox due to heightened security. Free plan (2GB storage) or paid plan starting at $10/month

DocuSign (Docusign.com) |cloud based e-signature platform. Upload document drafts or utilize in-system templates. Send to multiple users for signature. Dictate the required order of signatures and include optional signatures or initials. Set user-specific reminders to ensure documents are signed in a timely fashion. Plans start at $10/month.

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For additional resources on Virtual Law Offices, check out:

Book list additional reading 1. 1: Virtual Law Practice: How to Deliver Legal Services Online (Stephanie Kimbro) 2. Cloud Computing for Lawyers (Nicole Black) 3. Solo by Choice (Carolyn Elefant) 4. How to Start and Build a Law Practice (Jay Foonberg) 5. Information Security for Lawyers and Law Firms (Sharon D. Nelson, David Isom, John Simek, editors) 6. Reinventing the Practice of Law (Luz Herrara)

Websites 1. elawyering.com- ABA elawyering section 2. virtuallawpractice.com- information regarding virtual law practice news from around the country 3. Burton-Law LLC, Ohio, North Carolina (www.burton-law.com) 4. The Virtual Attorney, Wisconsin, Illinois, Minnesota (thevirtualattorney.com) 5. Hoeft Law, LLC , Wisconsin (hoeftlaw.com) 6. Rachel Rodgers Law Office, P.C., New York (rachelrodgerslaw.com) 7. Michigan Online Lawyer.com, Michigan (michiganonlinelawyer.com)

Suggested Electronic Reading 1. Guidelines for the Use of Cloud Computing in Law Practice, ABA eLawyering Task Force 2. Suggested Minimum Requirements for Law Firms Delivering Legal Services Online, ABA eLawyering Task Force 3. Technology: The Ethics of Cloud-based Services, Petro Jr., Nerino, Wisconsin Lawyer Volume 89 Number 5, September 2012.

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APPENDIX A: Ethics Rules relating to the Virtual Practice of Law; Selections from the Wisconsin Statutes

Limiting the Scope of Representation

SCR 20:1.2 Scope of representation and allocation of authority between lawyer and client

(a) Subject to pars. (c) and (d), a lawyer shall abide by a client's decisions concerning the objectives of representation and, as required by SCR 20:1.4, shall consult with the client as to the means by which they are to be pursued. A lawyer may take such action on behalf of the client as is impliedly authorized to carry out the representation. A lawyer shall abide by a client's decision whether to settle a matter. In a criminal case or any proceeding that could result in deprivation of liberty, the lawyer shall abide by the client's decision, after consultation with the lawyer, as to a plea to be entered, whether to waive jury trial and whether the client will testify.

(b) A lawyer's representation of a client, including representation by appointment, does not constitute an endorsement of the client's political, economic, social or moral views or activities.

(c) A lawyer may limit the scope of the representation if the limitation is reasonable under the circumstances and the client gives informed consent.

(d) A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows is criminal or fraudulent, but a lawyer may discuss the legal consequences of any proposed course of conduct with a client and may counsel or assist a client to make a good faith effort to determine the validity, scope, meaning or application of the law.

(e) When a lawyer has been retained by an insurer to represent an insured pursuant to the terms of an agreement or policy requiring the insurer to retain counsel on the client's behalf, the representation may be limited to matters related to the defense of claims made against the insured. In such cases, the lawyer shall, within a reasonable time after being retained, inform the client in writing of the terms and scope of the representation the lawyer has been retained by the insurer to provide.

ABA Comments on limited scope representation

Agreements Limiting Scope of Representation

[6] The scope of services to be provided by a lawyer may be limited by agreement with the client or by the terms under which the lawyer's services are made available to the client. When a lawyer has been retained by an insurer to represent an insured, for example, the representation may be limited to matters related to the insurance coverage. A limited representation may be appropriate because the client has limited objectives for the representation. In addition, the terms upon which representation is undertaken may exclude specific means that might otherwise be used to accomplish the client's objectives. Such

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[7] Although this Rule affords the lawyer and client substantial latitude to limit the representation, the limitation must be reasonable under the circumstances. If, for example, a client's objective is limited to securing general information about the law the client needs in order to handle a common and typically uncomplicated legal problem, the lawyer and client may agree that the lawyer's services will be limited to a brief telephone consultation. Such a limitation, however, would not be reasonable if the time allotted was not sufficient to yield advice upon which the client could rely. Although an agreement for a limited representation does not exempt a lawyer from the duty to provide competent representation, the limitation is a factor to be considered when determining the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation. See Rule 1.1.

[8] All agreements concerning a lawyer's representation of a client must accord with the Rules of Professional Conduct and other law. See, e.g., Rules 1.1, 1.8 and 5.6.

Unauthorized Practice of Law

SCR 20:5.5 Unauthorized practice of law; multijurisdictional practice of law

(a) A lawyer shall not:

(1) practice law in a jurisdiction where doing so violates the regulation of the legal profession in that jurisdiction except that a lawyer admitted to practice in Wisconsin does not violate this rule by conduct in another jurisdiction that is permitted in Wisconsin under SCR 20:5.5 (c) and (d) for lawyers not admitted in Wisconsin; or

(2) assist another in practicing law in a jurisdiction where doing so violates the regulation of the legal profession in that jurisdiction.

(b) A lawyer who is not admitted to practice in this jurisdiction shall not:

(1) except as authorized by this rule or other law, establish an office or maintain a systematic and continuous presence in this jurisdiction for the practice of law; or

(2) hold out to the public or otherwise represent that the lawyer is admitted to the practice of law in this jurisdiction.

(c) Except as authorized by this rule, a lawyer who is not admitted to practice in this jurisdiction but who is admitted to practice in another jurisdiction of the United States and not disbarred or suspended from practice in any jurisdiction for disciplinary reasons or for medical incapacity, may not provide legal services in this jurisdiction except when providing services on an occasional basis in this jurisdiction that:

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(1) are undertaken in association with a lawyer who is admitted to practice in this jurisdiction and who actively participates in the matter; or

(2) are in, or reasonably related to, a pending or potential proceeding before a tribunal in this or another jurisdiction, if the lawyer, or a person the lawyer is assisting, is authorized by law or order to appear in such proceeding or reasonably expects to be so authorized; or

(3) are in, or reasonably related to, a pending or potential arbitration, mediation, or other alternative dispute resolution proceeding in this or another jurisdiction, if the services arise out of, or are reasonably related to, the lawyer's practice in a jurisdiction in which the lawyer is admitted to practice and are not services for which the forum requires pro hac vice admission; or

(4) are not within subsections (c)(2) or (c)(3) and arise out of, or are reasonably related to, the lawyer's practice in a jurisdiction in which the lawyer is admitted to practice.

(d) A lawyer admitted to practice in another United States jurisdiction or in a foreign jurisdiction, who is not disbarred or suspended from practice in any jurisdiction for disciplinary reasons or medical incapacity, may provide legal services in this jurisdiction that:

(1) are provided to the lawyer's employer or its organizational affiliates after compliance with SCR 10.03 (4) (f), and are not services for which the forum requires pro hac vice admission; or

(2) are services that the lawyer is authorized to provide by federal law or other law of this jurisdiction.

(e) A lawyer admitted to practice in another jurisdiction of the United States or a foreign jurisdiction who provides legal services in this jurisdiction pursuant to sub. (c) and (d) above shall consent to the appointment of the Clerk of the Wisconsin Supreme Court as agent upon whom service of process may be made for all actions against the lawyer or the lawyer's firm that may arise out of the lawyer's participation in legal matters in this jurisdiction.

Confidentiality and Data Storage

SCR 20:1.6 Confidentiality

(a) A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, except for disclosures that are impliedly authorized in order to carry out the representation, and except as stated in pars. (b) and (c).

(b) A lawyer shall reveal information relating to the representation of a client to the extent the lawyer reasonably believes necessary to prevent the client from committing a criminal or fraudulent act that the lawyer reasonably believes is likely to result in death or substantial bodily harm or in substantial injury to the financial interest or property of another.

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(c) A lawyer may reveal information relating to the representation of a client to the extent the lawyer reasonably believes necessary:

(1) to prevent reasonably likely death or substantial bodily harm;

(2) to prevent, mitigate or rectify substantial injury to the financial interests or property of another that is reasonably certain to result or has resulted from the client's commission of a crime or fraud in furtherance of which the client has used the lawyer's services;

(3) to secure legal advice about the lawyer's conduct under these rules;

(4) to establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and the client, to establish a defense to a criminal charge or civil claim against the lawyer based upon conduct in which the client was involved, or to respond to allegations in any proceeding concerning the lawyer's representation of the client; or

(5) to comply with other law or a court order.

WISCONSIN COMMITTEE COMMENT

The rule retains in paragraph (b) the mandatory disclosure requirements that have been a part of the Wisconsin Supreme Court Rules since their initial adoption. Paragraph (c) differs from its counterpart, Model Rule 1.6(b), as necessary to take account of the mandatory disclosure requirements in Wisconsin. The language in paragraph (c)(1) was changed from "reasonably certain" to "reasonably likely" to comport with sub. (b). Due to substantive and numbering differences, special care should be taken in consulting the ABA Comment.

ABA COMMENTS

[1] This Rule governs the disclosure by a lawyer of information relating to the representation of a client during the lawyer's representation of the client. See Rule 1.18 for the lawyer's duties with respect to information provided to the lawyer by a prospective client, Rule 1.9(c)(2) for the lawyer's duty not to reveal information relating to the lawyer's prior representation of a former client and Rules 1.8(b) and 1.9(c)(1) for the lawyer's duties with respect to the use of such information to the disadvantage of clients and former clients.

[2] A fundamental principle in the client-lawyer relationship is that, in the absence of the client's informed consent, the lawyer must not reveal information relating to the representation. See Rule 1.0(e) for the definition of informed consent. This contributes to the trust that is the hallmark of the client-lawyer relationship. The client is thereby encouraged to seek legal assistance and to communicate fully and frankly with the lawyer even as to embarrassing or legally damaging subject matter. The lawyer needs this information to represent the client effectively and, if necessary, to advise the client to refrain from wrongful conduct. Almost without exception, clients come to lawyers in order to determine their rights and what is, in the complex of laws and regulations, deemed to be legal and correct. Based upon experience, lawyers know that almost all clients follow the advice given, and the law is upheld.

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[3] The principle of client-lawyer confidentiality is given effect by related bodies of law: the attorney-client privilege, the work product doctrine and the rule of confidentiality established in professional ethics. The attorney-client privilege and work-product doctrine apply in judicial and other proceedings in which a lawyer may be called as a witness or otherwise required to produce evidence concerning a client. The rule of client-lawyer confidentiality applies in situations other than those where evidence is sought from the lawyer through compulsion of law. The confidentiality rule, for example, applies not only to matters communicated in confidence by the client but also to all information relating to the representation, whatever its source. A lawyer may not disclose such information except as authorized or required by the Rules of Professional Conduct or other law. See also Scope.

[4] Paragraph (a) prohibits a lawyer from revealing information relating to the representation of a client. This prohibition also applies to disclosures by a lawyer that do not in themselves reveal protected information but could reasonably lead to the discovery of such information by a third person. A lawyer's use of a hypothetical to discuss issues relating to the representation is permissible so long as there is no reasonable likelihood that the listener will be able to ascertain the identity of the client or the situation involved.

Authorized Disclosure

[5] Except to the extent that the client's instructions or special circumstances limit that authority, a lawyer is impliedly authorized to make disclosures about a client when appropriate in carrying out the representation. In some situations, for example, a lawyer may be impliedly authorized to admit a fact that cannot properly be disputed or to make a disclosure that facilitates a satisfactory conclusion to a matter. Lawyers in a firm may, in the course of the firm's practice, disclose to each other information relating to a client of the firm, unless the client has instructed that particular information be confined to specified lawyers.

Disclosure Adverse to Client

[6] Although the public interest is usually best served by a strict rule requiring lawyers to preserve the confidentiality of information relating to the representation of their clients, the confidentiality rule is subject to limited exceptions. Paragraph (b)(1) recognizes the overriding value of life and physical integrity and permits disclosure reasonably necessary to prevent reasonably certain death or substantial bodily harm. Such harm is reasonably certain to occur if it will be suffered imminently or if there is a present and substantial threat that a person will suffer such harm at a later date if the lawyer fails to take action necessary to eliminate the threat. Thus, a lawyer who knows that a client has accidentally discharged toxic waste into a town's water supply may reveal this information to the authorities if there is a present and substantial risk that a person who drinks the water will contract a life-threatening or debilitating disease and the lawyer's disclosure is necessary to eliminate the threat or reduce the number of victims.

[7] Paragraph (b)(2) is a limited exception to the rule of confidentiality that permits the lawyer to reveal information to the extent necessary to enable affected persons or appropriate authorities to prevent the client from committing a crime or fraud, as defined in Rule 1.0(d), that is reasonably certain to result in substantial injury to the financial or property interests of another and in furtherance of which the client has used or is using the lawyer's services. Such a serious abuse of

19-Banchy & Brennan the client-lawyer relationship by the client forfeits the protection of this Rule. The client can, of course, prevent such disclosure by refraining from the wrongful conduct. Although paragraph (b)(2) does not require the lawyer to reveal the client's misconduct, the lawyer may not counsel or assist the client in conduct the lawyer knows is criminal or fraudulent. See Rule 1.2(d). See also Rule 1.16 with respect to the lawyer's obligation or right to withdraw from the representation of the client in such circumstances, and Rule 1.13(c), which permits the lawyer, where the client is an organization, to reveal information relating to the representation in limited circumstances.

[8] Paragraph (b)(3) addresses the situation in which the lawyer does not learn of the client's crime or fraud until after it has been consummated. Although the client no longer has the option of preventing disclosure by refraining from the wrongful conduct, there will be situations in which the loss suffered by the affected person can be prevented, rectified or mitigated. In such situations, the lawyer may disclose information relating to the representation to the extent necessary to enable the affected persons to prevent or mitigate reasonably certain losses or to attempt to recoup their losses. Paragraph (b)(3) does not apply when a person who has committed a crime or fraud thereafter employs a lawyer for representation concerning that offense.

[9] A lawyer's confidentiality obligations do not preclude a lawyer from securing confidential legal advice about the lawyer's personal responsibility to comply with these Rules. In most situations, disclosing information to secure such advice will be impliedly authorized for the lawyer to carry out the representation. Even when the disclosure is not impliedly authorized, paragraph (b)(4) permits such disclosure because of the importance of a lawyer's compliance with the Rules of Professional Conduct.

[10] Where a legal claim or disciplinary charge alleges complicity of the lawyer in a client's conduct or other misconduct of the lawyer involving representation of the client, the lawyer may respond to the extent the lawyer reasonably believes necessary to establish a defense. The same is true with respect to a claim involving the conduct or representation of a former client. Such a charge can arise in a civil, criminal, disciplinary or other proceeding and can be based on a wrong allegedly committed by the lawyer against the client or on a wrong alleged by a third person, for example, a person claiming to have been defrauded by the lawyer and client acting together. The lawyer's right to respond arises when an assertion of such complicity has been made. Paragraph (b)(5) does not require the lawyer to await the commencement of an action or proceeding that charges such complicity, so that the defense may be established by responding directly to a third party who has made such an assertion. The right to defend also applies, of course, where a proceeding has been commenced.

[11] A lawyer entitled to a fee is permitted by paragraph (b)(5) to prove the services rendered in an action to collect it. This aspect of the Rule expresses the principle that the beneficiary of a fiduciary relationship may not exploit it to the detriment of the fiduciary.

[12] Other law may require that a lawyer disclose information about a client. Whether such a law supersedes Rule 1.6 is a question of law beyond the scope of these Rules. When disclosure of information relating to the representation appears to be required by other law, the lawyer must

20-Banchy & Brennan discuss the matter with the client to the extent required by Rule 1.4. If, however, the other law supersedes this Rule and requires disclosure, paragraph (b)(6) permits the lawyer to make such disclosures as are necessary to comply with the law.

[13] A lawyer may be ordered to reveal information relating to the representation of a client by a court or by another tribunal or governmental entity claiming authority pursuant to other law to compel the disclosure. Absent informed consent of the client to do otherwise, the lawyer should assert on behalf of the client all nonfrivolous claims that the order is not authorized by other law or that the information sought is protected against disclosure by the attorney-client privilege or other applicable law. In the event of an adverse ruling, the lawyer must consult with the client about the possibility of appeal to the extent required by Rule 1.4. Unless review is sought, however, paragraph (b)(6) permits the lawyer to comply with the court's order.

[14] Paragraph (b) permits disclosure only to the extent the lawyer reasonably believes the disclosure is necessary to accomplish one of the purposes specified. Where practicable, the lawyer should first seek to persuade the client to take suitable action to obviate the need for disclosure. In any case, a disclosure adverse to the client's interest should be no greater than the lawyer reasonably believes necessary to accomplish the purpose. If the disclosure will be made in connection with a judicial proceeding, the disclosure should be made in a manner that limits access to the information to the tribunal or other persons having a need to know it and appropriate protective orders or other arrangements should be sought by the lawyer to the fullest extent practicable.

[15] Paragraph (b) permits but does not require the disclosure of information relating to a client's representation to accomplish the purposes specified in paragraphs (b)(1) through (b)(6). In exercising the discretion conferred by this Rule, the lawyer may consider such factors as the nature of the lawyer's relationship with the client and with those who might be injured by the client, the lawyer's own involvement in the transaction and factors that may extenuate the conduct in question. A lawyer's decision not to disclose as permitted by paragraph (b) does not violate this Rule. Disclosure may be required, however, by other Rules. Some Rules require disclosure only if such disclosure would be permitted by paragraph (b). See Rules 1.2(d), 4.1(b), 8.1, and 8.3. Rule 3.3, on the other hand, requires disclosure in some circumstances regardless of whether such disclosure is permitted by this Rule. See Rule 3.3(c).

Acting Competently to Preserve Confidentiality

[16] A lawyer must act competently to safeguard information relating to the representation of a client against inadvertent or unauthorized disclosure by the lawyer or other persons who are participating in the representation of the client or who are subject to the lawyer's supervision. See Rules 1.1, 5.1, and 5.3.

[17] When transmitting a communication that includes information relating to the representation of a client, the lawyer must take reasonable precautions to prevent the information from coming into the hands of unintended recipients. This duty, however, does not require that the lawyer use special security measures if the method of communication affords a reasonable expectation of privacy. Special circumstances, however, may warrant special precautions. Factors to be considered in determining the reasonableness of the lawyer's expectation of confidentiality

21-Banchy & Brennan include the sensitivity of the information and the extent to which the privacy of the communication is protected by law or by a confidentiality agreement. A client may require the lawyer to implement special security measures not required by this Rule or may give informed consent to the use of a means of communication that would otherwise be prohibited by this Rule.

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APPENDIX B: Forms

1. Sample limited scope representation agreement

2. Flowchart for virtual representation

3. A La Cart Service Add On Schedule Example

4. Practice Management for Virtual Law Offices Comparison Chart

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AGREEMENT FOR LEGAL SERVICES BETWEEN YOU AND THE VIRTUAL ATTORNEY

This agreement to advise you (“Client”) begins at the time you accept this completed Agreement for Limited Advice and Legal Services provided by ______(“The Firm”) and will end after I have provided you the tasks or services that we have agreed upon.

Understand that you are making no commitment to use my services at any time in the future and I have not agreed to represent you in any manner other than that which described within this Engagement Letter. Once those services are completed, I will have no further obligation to you unless we mutually agree to expand the scope of our relationship.

This means that unless I expressly agree to undertake services after the services I am presently agreeing to provide to you that you do not expect me to do anything else, and I do not expect you to pay me anything else.

We have agreed that my services will consist of estate planning representation. The initial representation will consist of counsel and drafting of estate planning documents as outlined in this Engagement Letter:

(WILL PACKAGE FOR MARRIED COUPLE), including a will, durable powers of attorney for healthcare and finances and incorporated living wills for each spouse, estate plan organizers and separate writing agreements (the Base Plan). A revocable living trust may also be included in your plan given our discussions regarding your assets and plans for the future. However, we will discuss this in additional detail and determine if it would be to your benefit to make that addition. Items with additional costs include, but are not limited to transfers of property to the Trust, review and modification of retirement plans, filing of deeds, document execution or execution supervision, etc. Costs are as follows:

Base Plan. Will Package (for married couple)[includes powers of attorney for finances, powers of attorney for healthcare, living wills, and wills for both spouses, estate organizers, and separate writing agreements (used to make small gifts of tangible property))…………………………………… $flat rate

If we choose to also include a trust, a document execution ceremony or any additional items (property transfer to your trust, for example) potential costs are below.

Addition. Revocable Living Trust (includes trust agreement, certificate of trust and transfer of all tangible personal property and effects) ……………………… $flat rate

The will package does not include supervised execution of the documents, however I can assist you in execution of the documents to ensure that they follow all legal formalities and requirements. This requires two disinterested witnesses (no family members or individuals who have any interest in your estate) and a notary public (If you choose to have me assist, I will act as

24-Banchy & Brennan notary). I typically conduct the execution ceremony at your home, place of employment or another location which is familiar and comfortable to you and one where you are able to secure two individuals to act as witnesses. In the event you do not elect to have me conduct the execution ceremony, then I will provide you detailed instructions on the necessary steps for execution for no additional cost. However, please be aware that I cannot be responsible for any insufficient execution should you choose to go it alone.

Addition. Document execution (including supervision and notarization) … $flat rate

Other Additions. Deed drafting and filing, transfers of property to trust, review and correlation of retirement account and financial account beneficiaries, additional trust drafting, will modifications, additional consults, advice, etc. will be billed at a rate of ______calculated in 6 minute increments. We will discuss any potential additions should they arise, and you agree that we will sign a separate engagement letter addendum for any additions before beginning work.

I bill only after services have been provided. In the event that additional services are necessary we agree to enter into a separate engagement letter to cover any additions. (*modify as appropriate depending on firm billing structure.)

I do not take retainer payments and you will be invoiced monthly only after fees are earned for services performed in the previous month. Invoices are sent on the 25th day of each month. That fee, upon payment, becomes the property of the law firm. It will be deposited in The Firm’s business account, rather than The Firm’s trust account, and you agree that The Firm may do so. Payments are accepted by check or credit card, with a small service charge (3.5% plus $0.30 per transaction) applying to credit card transactions. Please also note that accounts more than 90 days past due may be subject to late fees.

You understand that you will remain responsible for any legal fees including filing fees, (i.e. deed filings), document fees (i.e. required riders from insurance companies), any additional cost for any necessary modification of coverage (i.e. title insurance additional insured rider if required) and/or court costs, and such fees are not included in the Firm’s fees and will be charged to you separately.

You understand that you have the right to discharge The Firm for any reason at any time. You understand that The Firm may withdraw from representing you if you fail to make timely payment or do not provide other forms of security satisfactory to The Firm for payment of its fees; if you misrepresent or fail to disclose material facts; or if you fail to follow The Firm’s advice. You agree that if the Firm decides to withdraw, you will execute the necessary documents to permit them to do so. You agree that if you discharge The Firm, or if The Firm withdraws from representing you for any reason, including the non-payment of fees and costs as they are due under a fee agreement, you will remain liable for all fees, costs and expenses actually incurred under such agreement and will make payment in full.

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By affirmatively accepting this Agreement, an attorney/client relationship is created. This means that all communications with you will remain confidential and I may decline to give you advice if I have a conflict of interest.

By accepting and returning this Agreement, you certify that you have read, understand, and agree to be bound by the above, and authorize me to prepare your legal documents, or provide you with legal advice, based upon these terms and conditions.

You understand that there is no obligation or fee charged for registering as a client on The Firm’s web site and becoming an on-line client of The Virtual Attorney.

By signing below, you certify that you have received a copy of this contract. The above employment is hereby accepted on the terms stated.

Dated:

______

CLIENT

______

ATTORNEY

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Standard representation workflow for new Virtual client

Client Virtual Law Office

Initial Client communication Schedule consult; assign attorney

Set up client portal with client email

Initial client consult via video Complete intake form chat, if possible

Email client with info and attachments (i.e. instructions on using client portal, etc.)

Engagement letter via Docusign or another e-Sign program

Upload initial documents to client portal

Follow ups with client, as appropriate via automated email, video chat, etc.

Client returns intake and

engagement letter

Draft initial documents, send to client through client portal

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Client reviews initial documents

Automated Follow up

Client provides feedback on initial documents Make any necessary changes to documents, send to client

Client reviews updated documents

Automated Follow up

Client signs off on documents Send final documents package, disengagement letter

Notify Accounting. Accounting sends final invoices.

Close file

Client executes documents; keeps for records

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A La Cart Service Add On Schedule Example

Add On Service Pricing Suggestion Registered Agent Price State Trademark Application and Filing (Excluding Fees) Price Federal Trademark or Copyright Filing (Excluding Fees or defense) Price Contract Drafting Price Contract Review Price Review of Legal Zoom or Rocket Lawyer Documents Price Amendment of Legal Zoom or Rocket Lawyer Documents Price Deed drafting (per property) Price Deed Filing (Excluding Fees) Price Loan Agreement or Mortgage and Promissory Note Drafting Price Mortgage Filing Price HIPAA Authorization Price Will Package Execution Supervision (client brings witnesses) Price In-Person Consultation (30 minutes) Price In-Person Consultation (1 hour) Price Existing Estate Plan Review Price State and Federal Licensing Compliance (excludes filling fees) Price Stock or Membership Interest Sale/Repurchase Agreement Price Crummey Trust Price Crummey Notice Price Irrevocable Life Insurance Trust Price Illinois Land Trust (excludes Deed prep and filing) Price Travel Time for distances >35 miles Price DBA Registration (includes media notice but not fees) Price Employment Contract (template can be reused) Price Independent Contractor Contract Price

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Meeting Minutes Price Resolution Price Nondisclosure Agreement Price Consulting Agreement Price Employee Handbook Price Demand for Money Owed Price Licensing Agreement Price Cease and Desist Letter (drafting only) Price Website Terms and Conditions Price Marital Property Agreement (pre or post) includes agreement; affidavit Price of facts; affidavit of assets and liabilities; financial disclosure; spousal waiver Amend Operating Agreement to add 2nd class of membership interest Price Amend Articles of Organization or Articles of Incorporation and file Price amended articles (does not include filing fees)

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Practice Management Solutions for Virtual Law Offices

MyCase Total Attorneys Clio Rocket Matter Direct Law Customizable color-coded Color coded calendar for each firm calendars for Color coded member with optional Two-way synch separate users or calendars, sharing to others or master between Total conference rooms Calendar integration with Simple calendaring firm calendar; automated Attorneys with customizable and Task master firm with reminder reminders; sync with calendar and access. Automated Management calendar. Task feature. devices; Workflow others, including email and pop up tracking and functionality to pre-populate ICal and Outlook. reminders. Bi- prioritization. common dates and deadlines directional synch for each case or matter. with Outlook. Direct Fujitsu Scan Snap Integration for quick document uploads. Uploads Document library with can be selectively Limitless document Custom upload of ability to share with clients shared with other storage. Image and in-house created or firm members with one ** all document Document firm members or sound file upload documents to the click. No file size capabilities Management clients. Document capability. Direct law Platform. limitations. Document removed as of and Storage collaboration and Integration with Minimal client collaboration and history February 2014. history evidenced Evernote and document evidenced through versions through versions Dropbox. collaboration. feature feature. Integration with Google Docs, Dropbox & Netdocs.

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MyCase Total Attorneys Clio Rocket Matter Direct Law

Upload completed Template assembly Document assembly documents of use fully and population with capabilities with Access to Rapidocs customizable document general case info. custom data field document library automation features enabling Document No document Ability to input options. Cloud- with select plans as data merge. Cloud Based Assembly assembly features. customer fields for based template well as Rapidocs collaboration with clients more storage accessibly custom document and firm members with comprehensive within the authoring. numerous document assembly. management suite. versions.

Trust and Operating Account integration with Xero Batch billing Multiple billing Integrated payment accounting enabling one-click Built in invoicing based on options (flat fee, processing through software, intuitive invoicing for all flat fee, hourly or mixed hourly, pro bono) Chase included in invoice creation. monthly invoices. Billing and rates, trust account and invoicing monthly fees; Invoice approval Trust account Payments integration, optional online capabilities. however, the system functionality integration. payment integration Additional fee for is only set up to take enabling sign off Payment capability (additional cost). online payments payment at the onset prior to client through integration ($35/month). of representation. billing. Integration with LawPay. with PayPal and LawPay.

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MyCase Total Attorneys Clio Rocket Matter Direct Law

Skype integration Email forwarding to with contacts for 1 Clio; linking to click calling. Direct messaging; annual clients and matters; Contact export email cataloging capabilities; Portal two way documents feature enabling the Time stamped two- Messaging real-time activity stream for messaging with automatically sent firm to mail merge way messaging and Email case status updates. Email automated email to Documents tab, for letters and through client Integration notifications for case notification. but a 25mb limit envelopes. No in- portal. activity. applies. Secure in- system client Clio messaging messaging feature. capability. IMAP-based email integration.

Comprehensive Client portal with Unique login for client portal client signup client access. enabling clients to capabilities. Client access through unique Clients can make view task and Document share, Document “store” username and password. their own accounts calendar items, calendar, invoice where clients can Document upload and review Client Portal without being review and share and payment add documents to capabilities, messaging, invited by the collaborate on capabilities via their cart and make invoice viewing (with attorney. documents, view LawPay integration. payments prior to optional bill pay). Messaging and (and pay) invoices work being done invoice viewing. and send in-Clio (like an e-commerce messages. site).

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MyCase Total Attorneys Clio Rocket Matter Direct Law

$49/month plus $50/month for each additional attorney. $65/user/month $20/month 1-2 billed annually $55.25/month Access to integrated $39/ month for attorneys users annually. Additional Rapidocs automated Cost Or options for document library is $29/ month for support staff $40/month 3-10 shorter/longer an additional users $72/user/month contracts. $50/month per billed monthly attorney + additional document fees.

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