The problem: Family law attorneys don’t have enough clients or have huge collections/receivables issue. People with family law problems can’t afford and/or do not want to use family law attorneys. The solution: Cloud based document automation allows attorneys to create a document automation system that is accessible from anywhere. The system allows lawyers to automate legal pleadings and save user data. Lawyers, paralegal/assistants or the actual clients can input essential data. Data is merged into forms making drafting simple, fast and efficient. Since the system is cloud based, a portal allows a user (the public) to browse forms, select and purchase a form for their personal use, and create a Microsoft word document that is professional, easy to use, and legally perfect. Providing local, family law legal forms directly to the public benefits lawyers, law firms AND the public? Modern Law Forms is the future of law. Stop thinking of legal services as an all or nothing proposition!

1. Document Automation in the Cloud
VIRTUAL LAWYERING ON STEROIDS

2. What is cloud based document automation?
How can it be used and why use it?
Ethical Implications of cloud based
automation and usage
Technical Requirements

3. Does not
require a
server
Typically
subscriptio
n based
Accessed via
an internet
signal
Hosted in
remote
databases
What is Cloud-based?

4. Accessible only
within your
network or from
your computer
Software such
as Microsoft
Word
Hosted on your
computer or
server
What is Non-Cloud-based?

5. DOCUMENT AUTOMATION

6. Document Automation
 Designed to reduce redundancy and simplify processes
 Systems and workflows that assist in the creation of
electronic documents
 Creates contracts, letters, or legal documents in less time
 Implemented in law firms, websites, and companies to
increase efficiency
 This is the future of law

7. The Future of Law
 In 2009 Richard Susskind published the book The End of
Lawyers? Rethinking the Nature of Legal Services
 Predicted idea that the legal profession is on the brink of
a fundamental transformation.
 Driven by two irresistible forces:
 The commoditization of legal services; and
 The IT revolution.

8. Commoditization
• Standardization
• Systemization
• Packaging
IT revolution
• Automated document
assembly (legal zoom)
• Online legal guidance
(virtual law firms)
• Legal open-sourcing
(information shares like
AVVO or Findlaw

9. Use of
Forms
Internally
Externally

10. Use of Forms
Internally
• Increase efficiency
• Save Time
• Decrease Prices
• Increase Profit
• Limited Scope
Services
Externally
• Other Law Firms
• Non-Client Users
• Document Preparers
• Legal Aid/Non profit
• Create a Client
Pipeline

11. Why Use Limited Scope Services
 Control your workload
 Control your schedule
 Limit your exposure on a case
 Build your practice
 Reduce accounts receivable issues
 Create profit
 Increase your client base
 Meet demand

12. Roughly 60% to 90% of family law cases
nationally involve at least one self-
represented litigant.
Only 5 percent or less of cases in general civil
dockets include a self-represented litigant.
Recent data shows
Compared to…

13. Maricopa County
60 percent of family law cases have no attorneys, 30%
have 1 attorney, 10% have two attorneys.
That means that 30,000 at one time in Maricopa county
are in need of your assistance.
One judge disclosed that there are 20,000 filings in
family court at one time….

14. Largest factor:
Affordability of
attorneys and the
cost of
representation.
Average divorce:
$20-40k.
Too much for
Americas and
Maricopa County
Residents
Doesn‘t mean
they don’t have
money or can’t
afford any
representation.
They just can’t
afford the whole
shebang!
Not a fun way to
spend money.
A client with
millions doesn’t
appreciate huge
legal bills.
How do you think
they got to be
millionaires?
Why?

15. Control
• We are smarter consumers.
• We are a DIY nation.
• We have greater expectations.
• Even wealthy & savvy clients
may choose limited
scope representation.
Why?
Our culture has changed

16. Here’s how we think it should look…

25. But how do the Rules of Ethics impact our
use of this product?

26. ETHICAL IMPLICATIONS

27. Unauthorize
d Practice
Attorney-
Client
Relationship
Solicitation Advertising
Confidentiality
Ethical Implications

28. Fees -
Value
Billing
Scope of
Services
Cloud
Computing
and
Compliance
Conflicts
Duties to
prospective
clients
Dual
business
activities
Ethical Implications

29. ETHICAL DUTIES

30. Diligence
Confidentiality
Competence
Safe-
Keeping
Property
Avoiding
Conflicts
Communication
Ethical Implications: Clients

31. Fairness
Confidentiality
Truthfulness
Avoiding
Conflicts
Full
Disclosure
Affirmative
Disclosure
Ethical Implications: Non-Clients

32. CLIENT DUTIES

33. Client
Duties Competence
• Forms must be up
to date and correct
• Viewed and
verified by attorneys
Diligence and
promptness
•Helps control
workload
• Efficient and
effective

34. Client
Duties
Confidentiality
Safe-Keeping
Property

35. ELECTRONIC STORAGE:
INTERNET
Model Rule 1.6

36. Electronic Storage/Internet
• ER's 1.6 and 1.1 require an attorney act competently to safeguard
client information and confidences.
• Reasonable precautions
• Protect security and confidentiality of docs and data
– Competent review of proposed security measures
– Periodic review

37. Model Rule 1.6(c)
• 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.

38. Client
Duties
Conflicts
Value Billing

39. Client
Duties
Scope of Services
Communication

40. FEES
Model Rule 1.5

41. Fees
Value Billing
Use of legal forms
internally and recover
development cost?
• Flat Fee
• Hybrid Billing
• Earned Upon Receipt

42. DUTIES TO NON-CLIENTS
Rule 1.18: Duties to Prospective Client

43. Fairness
Confidentiality
Truthfulness
Avoiding
Conflicts
Full
Disclosur
e
Affirmative
Disclosure

44. DUTIES TO PROSPECTIVE
CLIENTS

45. Non-Client Duties
• Lawyer’s responsibility to ensure user understands they are
not in a Lawyer-Client Relationship.
• Use disclaimers
• State early and often and get an affirmative
acknowledgment
• Suggest consultation with an attorney

46. LAW RELATED SERVICES
Rule 5.7: Responsibilities Regarding Law-related Services

47. DUAL CAREERS?
MRPC 5.7(b)

48. Dual Careers
• Simultaneous engagement in a business career and the
practice of law is permissible
• Independent in operation and practice
• Same physical location is OK but must maintain:
• Separate phone numbers
– Letterheads, books and records
– Assure that all legal files will remain confidential

49. MRPC 5.7(b) states:
“The term law-related services denotes services that might
reasonably be performed in conjunction with and in
substance are related to the provision of legal services, and
that are not prohibited as unauthorized practice of law when
provided by a non-lawyer.”
Official Comment:
When law-related services are provided by a lawyer under circumstances that are not distinct from the
lawyer's provision of legal services to clients, the lawyer in providing the law-related services must adhere
to the requirements of the Rules of Professional Conduct as provided in paragraph (a)(1).

50. Best Practice Guidelines for Legal
Information Web Site Providers
2003 E-lawyering Task Force, ABA Law Practice Management Section and
ABA Standing Committee On the Delivery of Legal Services
1. Contact Information
2. Dating Material
3. Jurisdiction
4. Limits of Legal Information (disclaimer)
5. Links

51. Best Practices Con’t
The goal of these guidelines is to promote the development of quality legal web
sites and to provide guidance to legal web site developers.
6. Legal Citations
7. Referrals
8. Permissions
9. Terms and Conditions
10. Privacy Statement

52. Technical Requirements
• Internet Connection
• Software
• Substantive Forms
• Interactive Platform
• E-commerce
• Disclaimers/Opt Ins
• IP protection

53. Hot Docs
Legal DocX
Doc Forge
Intelex

54. SCENARIO

55. • PC attends a consultation and you advise her she needs to file
for divorce.
• You provide her a follow up email with your notes and all of
her options including….
– Full Scope Traditional representation and a fee agreement
– Limited Scope Drafting for a Petition for dissolution and
perhaps a motion for temporary orders
– Instructions on where to find self help forms….including
your site.

56. Hi Amy,
It was great talking with you. Attached are the options we talked about for moving forward
and my notes from our conversation. If you decide you want us to handle everything
please read the attached advanced fee agreement carefully and let me know if you have
any questions about it.
If you would like us to draft the documents for you and proceed in a “limited scope”
manner, we will enter into a flat fee agreement for the drafting services only. Those terms
are also attached.
Finally, I know you indicated that finances are tight. As we discussed I have developed a
separate business to provide legal forms for self representing clients. In the event you wish
to represent yourself, you can find the forms we discussed here. This is a company that I
own separately from the law firmand use of the forms does not create an attorney client
relationship between us. You may wish to consult with other family law attorneys prior to
determining whether self representation, and use of my legal forms is the way you desire
to move forward.
Let me know if you have any questions at all.
Billie

57. Document Automation in the Cloud
VIRTUAL LAWYERING ON STEROIDS

58. Email: billie@MyModernLaw.com
Website: MyModernLaw.com
Linked In: Billie Tarascio
Twitter: #ModernLaw
CONTACT
INFO