providing low bono services over the internet - 02 - summer/06-08 - l… · providing low bono...

Providing Low Bono Services over the Internet

Forrest Carlson

What is low bono?

2nd Annual Low Bono Conference Session 3 - Technology & Low Bono Services

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low bono

increasing access to law-related services for people of moderate means who do not qualify for pro bono assistance, but cannot afford the fees private attorneys typically charge under traditional law firm models

/ˌlō ˈbônō/adverb & adjective

low bono methods & models

planned use of limited resourcessliding fee scalesunbundlingflat feespayment planssetting fees that are affordableproviding affordable legal services in your sleepproviding affordable legal services on your website


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What barriers keep you from putting low bono services online?


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barriers

online services are inadequate

barriers

online services are inadequatelack of technical knowledge


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barriers

online services are inadequatelack of technical knowledgeexpensive & time-consuming

barriers

online services are inadequatelack of technical knowledgeexpensive & time-consumingsecurity, ethics & other regulations


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barriers

online services are inadequatelack of technical knowledgeexpensive & time-consumingsecurity, ethics & other regulationsunsure where to start

moving past thesebarriers

for everyone’s sake

online services are inadequatelack of technical knowledgeexpensive & time-consumingsecurity, ethics & other regulationsunsure where to start


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new (to law) technologies

web publishingdocument automation &legal expert systemsartificial intelligence




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web publishing

bloggingeducational resourcesdo-it-yourself tools/forms




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decision treesintelligent formsgathering & using client-specific inputs

web publishingdocument automation &legal expert systems




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web publishingdocument automationlegal expert systemsartificial intelligence

machine learningnatural language processing (chatbots)

examples of low bono technology in action



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June 8, 2018 of 34


web publishingdocument automation &legal expert systemsartificial intelligence (chatbots)


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what makes this low bono

What online low bono project should you build?


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getting your online low bonoproject built

getting your online low bonoproject built

have a clear idealearn the techhire the technicianpool your resources


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ethical considerations for providing low bono services online

ethical considerations

Unlawful practice of law (UPL) is a crime and is grounds for discipline.

RCW 2.48.180(3) & (6)

UPL


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ethical considerations

The following constitutes UPL:

A legal provider works for or holds an investment or ownership interest in a business primarily engaged in the practice of law, knowing that a nonlawyer holds an investment or ownership interest in the business.

A nonlawyer shares legal fees with a legal provider.

RCW 2.48.180(2)(b), (d), & (e)

UPL

ethical considerationsAre you forming an attorney-client relationship?

“An attorney-client relationship is deemed to exist if the conduct between an individual and an attorney is such that the individual subjectively believes such a relationship exists.”

Dietz v. Doe, 131 Wn.2d 835, 843, 935 P.2d 611 (1997).


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ethical considerationsLimitation of Scope

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

RPC 1.2(c)

ethical considerationsCompetence

A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.

RPC 1.1


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ethical considerationsCommunication

A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.

RPC 1.4(b)

ethical considerationsReasonableness of Fee

A lawyer shall not make an agreement for, charge, or collect an unreasonable fee or an unreasonable amount for expenses.

RPC 1.5(a)

A factor to be considered is the time and labor required.

RPC 1.5(a)(1)


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ethical considerationsConfidentiality of Information

A lawyer shall not reveal information relating to the representation of a client [unless an exception applies].

RPC 1.6(a)

A lawyer shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client.

RPC 1.6(c)

ethical considerationsConflicts, Current & Former Clients

A lawyer shall not represent a client if the representation involves a concurrent conflict of interest unless all the requirements of RPC 1.7(b)(1)–(4) are met.

For former clients, the requirements of RPC 1.9 must be met.

Generally, these require (among other things) that each client provide informed consent, confirmed in writing.


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ethical considerationsCommunications about Services

A lawyer shall not make a false or misleading communication about the lawyer or the lawyer's services. A communication is false or misleading if it contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading.

RPC 7.1

Forrest Carlsonwww.assemblelaw.comwa-wills.com

[email protected]: @forrest_carlson


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communities of like-minded people already thinking hard about legal technology

Seattle Legal Innovation and Technology MeetUp(https://www.meetup.com/Seattle-Legal-Tech/)

Lawyerist LabCon (https://lawyerist.com/events/labcon/)

where to find a gatherings of people who build online projects

Meetup (https://www.meetup.com/)Eventbrite (https://www.eventbrite.com/)Startup Weekend (https://startupweekend.org/)Hackathons (e.g., https://globallegalhackathon.com/)


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where to quickly hire people with the necessary technology skills to build online projects

Upwork (https://www.upwork.com/)

where to learn for free about web development

w3schools.com (https://www.w3schools.com/)


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platforms and software for web publishing

WordPress.org (https://wordpress.org/)WordPress.com (https://wordpress.com/)Tumblr (https://www.tumblr.com/)Squarespace (https://www.squarespace.com/)Wix (https://www.wix.com/)

platforms and software for document automation & legal expert systems

docassemble (https://docassemble.org/)TheFormTool (https://www.theformtool.com/)Neota Logic (https://www.neotalogic.com/)


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where to learn about artificial intelligence & chatbots

LawDroid (Tom Martin) (https://lawdroid.com/)

2 Chatbot Platforms for Lawyers, No Coding Required (https://lawyerist.com/chatbot-platforms-beginners-no-coding-required/)

defining low bono

The Changing Contours of “Low Bono”(https://nwsidebar.wsba.org/2016/03/28/the-changing-contours-of-low-bono-2/)

What is Low Bono? (https://www.wsba.org/Legal-Community/Sections/Low-Bono-Section)


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theoretical limits

1 attorney x __ new clients/week x 52 weeks/year

humans

theoretical limits

1 attorney x 20 new clients/week x 52 weeks/year

humans


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theoretical limits


= 1,040 individuals helped per year

humans

theoretical limits



humans

machines

1 web server x 692* new visitors/week x 52 weeks/year


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theoretical limits



humans

machines

1 web server x 692* new visitors/week x 52 weeks/year


GR 24(a)Definition of Practice of Law(a) General Definition: The practice of law is the application of legal principles and judgment with regard to the circumstances or objectives of another entity or person(s) which require the knowledge and skill of a person trained in the law. This includes but is not limited to:

(1) Giving advice or counsel to others as to their legal rights or the legal rights or responsibilities of others for fees or other consideration.

(2) Selection, drafting, or completion of legal documents or agreements which affect the legal rights of an entity or person(s).

(3) Representation of another entity or person(s) in a court, or in a formal administrative adjudicative proceeding or other formal dispute resolution process or in an administrative adjudicative proceeding in which legal pleadings are filed or a record is established as the basis for judicial review.

(4) Negotiation of legal rights or responsibilities on behalf of another entity or person(s).


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GR 24(b) & (d)Definition of Practice of Law(b) Exceptions and Exclusions: Whether or not they constitute the practice of law, the following are permitted:

…

(8) Sale of legal forms in any format.

…

(d) General Information: Nothing in this rule shall affect the ability of a person or entity to provide information of a general nature about the law and legal procedures to members of the public.


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providing low bono services over the internet - 02 - summer/06-08 - l… · providing low bono...

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