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Archive for the ‘practice’ Category

Free Online Course on Digital Law Practice

06 Feb

The Center for Computer-Assisted Legal InstructionThe Center for Computer-Assisted Legal Instruction (CALI) is offering a free online course on digital law practice, primarily for law students and law professors, but anyone can register.

 

I don’t doubt that most law faculty will find these topics to be irrelevant, but its connecting with law students, as over 500 law students have registered nationwide.

For lawyers interested in delivering legal services online, this course would be a good introduction to the subject.

The first session is February 10 at 2-3 EST. Stephanie Kimbro is doing a session on the virtual law office.

Later in the course, Marc Lauritsen is doing a session on document automation, and I am doing a session on “unbundling legal services”.

Here are some of the other sessions:

Week 5: Online Legal Forms in Legal Aid
Friday, Mar. 9, 2-3pm ET
Ronald W. Staudt, Professor of Law, Chicago-Kent College of Law

Week 6: Contract Standardization
Friday, Mar. 16, 2-3pm ET
Kingsley Martin, President, kiiac.com & contractstandards.com

Week 7: Free Legal Research Tools
Friday, Mar. 23, 2-3pm ET
Sarah Glassmeyer, Director of Content Development / Law Librarian, CALI

Week 8: Unauthorized Practice of Law in the 21st Century
Friday, Mar. 30, 2-3pm ET
William Hornsby, Staff Counsel at American Bar Association

Week 9: Social Media for Lawyers
Friday, Apr. 6, 2-3pm ET
Ernest Svenson, Attorney at Law

Here is the course description and the registration page:

http://www.cali.org/blog/2012/01/25/free-online-course-digital-law-practice

 

December Law Practice Today Issue Focuses on eLawyering

14 Dec

Virtual Law PracticeThe latest edition of the ABA’s Law Practice Today webzine has good articles on elawyering and virtual practice and a really innovative piece by Marc Laurtisen titled,  Dancing in the Cloud, and an introduction to the elawyering concept by Stephanie Kimbro —  Getting Started With eLawyering).

I also wrote a short article on Document Assembly Over the Internet , which as readers of this Blog will know is an old theme for me.

For our latest analysis on what is working in the virtual law firm space, download our White Paper on Virtual Law Practice: Success Factors.

 

 

 

Rejoinder: "Is the Virtual Law Model Coming up Short?"

24 Sep

Jay Fleischman in a blog post entitled: “Is the Virtual Law Firm Model Coming up Short?”  states:

"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.”

Bull—t.

Jay also states:

"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.".

Unfortunately, like some commentators of a well known news network that make up facts and then offers opinions based on those false assumptions, Jay makes up facts to support his point of view.

Jay is entitled to opinion, but not to his own set of facts.

Here are some of the facts:

1. The ABA/LPM’s eLawyering Task Force

The eLawyering Task Force , of which I am co-chair (with Marc Lauritsen), through it’s web site, publications, and statements has never made the claim that delivering legal services online was the only way that law firms should  connect with clients. The value of an online platform depends on the kind of law practice and the kind of clients served. Clients obviously have preferences that lawyers who serve those clients must respect.

Many firms will have a "virtual component" incorporated into a traditional practice. As Marc Lauritsen puts it,  there will be:

" a shared online environment that is persistent across the life of a matter. For instance, providing interactive questionnaires on their web sites to gather information from prospects and clients, or supplying do-it-yourself document generators, checklists, or calculators.Or opening up a shared space for collaborative deliberation about a particular decision, using interactive visualizations like I ‘ve been promoting under by ‘choiceboxing" idea."

In fact, the firms that are getting the most successful results from the addition of a client portal are those that have a traditional practice and who add an interactive online component. 

We know this from the analysis that we have done from observing over 200 law firms that have subscribed to our DirectLaw virtual law firm service during the past two years. We have also learned why some law firms fail to successfully implement an online strategy. We also know that some lawyers have an unrealistic expectation of what it takes to be successful as a "pure play" virtual law firm.

To read the results of our analysis download our White Paper on Virtual Law Firms: Success Factors.

Also see these blog posts on this topic: Online Legal Services: Is it Hype or a New Way of Delivering Legal Services?;  Framing the Discussion About Virtual Law Firm Practice; and Defining the Virtual Law Firm .

2.    Affordable Legal Service and Access to the Legal System

The work of the eLawyering Task Force has always focused on identifying ways in which lawyers can become more productive and efficient by using the Internet as platform for the delivery of legal services and ways in which clients can benefit from the use of Internet technologies in terms of the fees they pay for legal services.

President Bill Paul of the American Bar Association, who created the Task Force, had the idea that through the use of Internet technologies it would be possible to lower the cost of legal fees to make the legal system more accessible to those who cannot afford typical attorney fees.

Instead, rather than the legal profession responding to this challenge, we see the emergence of companies like LegalZoom, SmartLegalForms, CompleteCase, LegacyWriter, Nolo, and the dozens of other non-lawyer internet-based legal solution providers who are responding to the need of consumers  for a ":good enough" legal result at the lowest possible cost. For millions of moderate and middle class consumers the purchasing of traditional high cost legal services delivered on a one to one basis is no longer an option. Their choice is to do the best they can with a legal solution provided by a non-lawyer provider, (which now may be a court or an online legal aid provider).

Jay seems to imply that if a client can’t afford the profession’s legal fees, then so be it.  Who cares?

Bring me The MoneyMy opinion is that it will be harder to justify the profession’s monopoly on the delivering of legal services when it only serves a tiny portion of the US population.

The reality is that many of us didn’t become lawyers just for the money. We want to serve people and help them with resolve their legal problems. Now there are technologies that can help us do that in a cost effective way and expand the market for legal services.  We shouldn’t ignore these technologies, just because we are not practicing law like the last generation of lawyers.

3.  The "Secure Client Portal" Concept":

Examples of Internet based applications range from web enabled document automation, to paying legal bills online, to the provision of written legal advice online, to simply storing the clients legal documents online so they can be referenced later. All of these functions require that the client have access to a secure client portal within which these functions can take place.

It is indisputable that a secure client portal is necessary for secure and confidential activities and tasks between to take place between lawyer and client. This doesn’t mean that a lawyer should not use email to provide confidential legal advice which I am sure happens all of the time, at whatever the risks.

On the other hand, it is not possible to pay your legal fee by credit card using email, and I have yet to see a web enabled document assembly solution being delivered through email. For legal work to be done securely online requires a secure client portal.

It us for this reason that the eLawyering Task Force included, as part of the definition of  what constitutes a virtual law practice, that the firm make available to its clients a secure client portal. This seems very obvious to us. Communicating with clients using a mobile phone and by email, is not the same thing as using legal applications online that do legal tasks.

Most people use some form of a secure portal everyday. We do our banking online, our stock brokerage online, buy insurance online, book travel online. It’s not rocket science. Except that right now the legal profession is lagging behind every other service industry in the economy in its use of interactive web technology. According to Jay, we should stay where we are and eschew these web technologies. In my opinion, we do so at our peril.

4. Web-Enabled Document Automaton.

Jay seems to think that the use of a web enabled document automation application is not in a clients interest and has little value, or that client’s don’ t want "just forms."  (It is hard to really know what he believes because of the confused logic that is used to support his argument). 

I think he is wrong about this. He can read our White Paper on Web-Enabled Document Automation as A Disruptive Technology and these blog posts: Document Automaton as a Disruptive Technology  and What Every Lawyer Should Know About Document Assembly.

5  The Legal Profession is Losing Market Share.

Solos and small law firms, with existing methods of delivering legal services, are pricing themselves out of the middle class marketplace. This is the real reason that LegalZoom is rumored to be generating more than 100 million in revenues this year.  LegalZoom and other non-lawyer providers continue to increase their market share at the expense of solos and small law firms.  The assertion that lawyers don’t need the people as clients that purchase forms from non-lawyer providers is a misrepresentation of what is really happening in the solo and small law firm marketplace. The clients that are turning away from law firms are clients that law firms need and who they previously served in an earlier, pre-Internet era.

6.     eLawyering Applications are Not Just Tools.

It is not accurate to see state that eLawyering applications are just "tools". In fact they are can be disruptive of the typical law firm business model.  If a consumer can get the result that they want by using a Internet-based legal solution, or "digital legal application" at a fraction of the cost of using an attorney, many will opt for that "good enough" solution. What is important to the consumer, is the legal result, not the fact that they have to go to an attorney to get it.

7.    A  New Generation of Clients is Coming Who Don’t Like to Talk on the Phone or Shake Hands With Their Lawyers.

It’s is true that many clients are not interested in working with their lawyers online, but we think that as a connected generation comes of age and they have legal problems that they will prefer to deal with their lawyers online and prefer to text rather than even talk on the telephone, much less meet with their attorney face-to-face, unless it is unavoidable.  For facts to support this assertion, see books like New Rules of Engagement: Understanding on How to Connect With Generation Y. and the work of Christine Hassler.

In a study conducted last year by YouGov, a UK-based research and opinion firm,  on consumer preferences for legal services, one of the conclusions was that:

"34% of respondents said they would be more likely to choose a law firm that offered the convenience of online access to legal documents over one that had no online capability; 22% disagreed and 37% neither agreed nor disagreed."

 Younger males were the most likely to choose a law firm with online services and access: 44% of 25-to-39 year-old males (and 40% of such women), along with 40% of 16-to-24 year-old males, would choose a law firm offering online access to documents over another law firm."

There is obviously a generational shift happening.  As a younger generation matures to the age where they have legal problems, their desire to deal with lawyers online becomes a requirement, not a preference.

Summary

These are serious issues for the legal profession. The American Bar Association Legal Technology Resource Center reported last year in one of its technology surveys of the legal profession that only 52% of solo practitioners have a web site. That means that almost half of solo practitioners don’t even have a web site. Is it that these practitioners are making so much money that they don’t have to even have a presence on the web? Or are we as a profession so out of touch with contemporary trends, that we will have to race even faster to catch up?

Neaderthal Man = Legal ProfessionSo where are we on this spectrum of evolution? Are we still stuck in Web 1.0 with brochure web sites, or are we evolving to interactive web sites that connect with clients who will want to work with their lawyers online or are we still stuck in Internet circa 2002?

Let’s expand this discussion, so that lawyers, particularly solos and small law firms, can figure out how to utilize these new technologies to expand and sustain their law practices in an environment that will become increasing competitive. 

Disruptive web legal services such as AttorneyFee.com, Law Pivot,  LegalZoom, are not going away. They will expand and proliferate. The "new normal" is here.

 

Is It Time To Deregulate the Practice of Law?

23 Aug

An editorial appeared in today’s (08/22/2011) Wall St. Journal , titled "Time to Deregulate the Practice of Law", by Clifford Winston and Robert W. Crandell, both Fellows at the Brookings Institution. [ Ungated version here ]. The editorial argues that it is time for the legal profession to be deregulated, as other industries have been, in order to create price competition for legal services, spur innovation in the delivery of legal services, and reduce the premium that lawyers get for pricing their services as a result of strict occupational licensing. The editorial is a summary of the conclusions of a book soon to be published by the authors, and Vikram Maheshri, titled, "First Thing We Do, Let’s Deregulate All the Lawyers" (2011, Brookings Press). This book is the opening salvo it what is sure to be an expanded debate about who should be allowed to provide legal services to the general public.

New Methods of Legal Service Delivery

With online companies such as LegalZoom, RocketLawyer, JustAnswer, LawBidding, Law Pivot and our own MyLawyer.com, pushing the boundaries of new ways to delivery of legal services,  there is renewed pressure on the organized bar to respond to consumer demand for affordable, transparent, competent, and reliable legal services. Law firms are exploring ways to delivery legal services online to compete with non-lawyer providers, but are often constrained by bar regulations.

Free White Paper: Virtual Law Practice; Success FactorsEssentially, the authors argue that lowering the barriers to entry into the legal profession would force lawyers to compete more intensely with each other, and  face competition from non-lawyers and firms not owned and managed by lawyers. The authors argue that legal fees are higher  because of occupational licensing and can be reduced by deregulation without sacrificing the quality of legal services.

Since heading the Philadelphia Institute for Paralegal Training, the nation’s first paralegal school and the institution that pioneered the paralegal profession in the United States,  I have argued that you don’t need a fully-trained and credentialed attorney to provide services to consumers for simpler, more routine legal problems, any more than you would need a brain surgeon to treat a headache, when a pharmacist will do. I am well aware of arguments that some lawyers make that there are no simple legal problems, but the reality is that many consumers will settle  for a "good enough" result, rather than spend thousands of dollars in legal fees.

On the other hand I am not comfortable with the idea that we should abandon all occupational licensing for legal professionals, lawyers and legal assistants, essentially converting the United States in a completely unregulated free market.

 

Arguments for a Regulated Legal Profession

1. The analogy between the legal profession to other deregulated industries, such as the airline industry, that the authors cite, is simply not relevant. There is fundamental differences between the manufacturing, mining, communication, transportation, and financial industries and the human service professions where the delivery of the service is expected to be of sufficient competence to accomplish the task at hand. If you follow the author’s logic, we should also deregulate the dentists, the teachers, the nurses, the social workers, and the doctors because it results in lower pricing and therefore would increase the availability of those services. e.g., Instead of going to a "Dentist" to get your root canal work, you would have the option of going to the "Tooth Fairy."

2. The authors assume that the quality of legal services would not deteriorate any more than when the planes didn’t stop flying when the airline industry was deregulated. Unfortunately the authors have no facts to back up this assertion. It is just wishful thinking.

3. When you look at the facts, however,  a more thoughtful response to reforming the delivery system for legal services is required.

On the anecdotal level, I can testify to the literally hundreds of botched legal matters that I have reviewed generated by "Immigration Specialists", Legal Technicians" and other non-lawyers operating in the grey area of offering document preparation services. In some instances, I have seen immigrants actually deported because of improperly prepared papers by "Immigration Specialists." I have reviewed "failure to discharge notices"  issued by U.S. Bankruptcy Court because of improperly prepared bankruptcy petitions. I have reviewed dozens of divorce petitions filed by "pro-se" parties, assisted by online document preparation companies that were rejected by the courts. I have seen enough of these cases to know that in many of these situations  incompetence and lack of knowledge and skill is evident. In some cases there is outright fraud and misrepresentation.

4. There have been almost no empirical studies that I know of that support the argument of the authors that the quality of legal services would not deteriorate in a completely deregulated marketplace – save one- and that study does not support the author’s conclusions.

Legal Services Consumer Panel Study

Very recently the Legal Services Consumer Panel of the Legal Services Board in the United Kingdom, the agency in charge of deregulating the legal profession in the United Kingdom, conducted an empirical study of the quality of wills prepared by both solicitors and non-lawyers.

 

The Panel concluded that on the issue of quality:

 "one in four wills in the shadow shops were failed with more than one in three of all assessments scoring either poor or very poor. The same proportion of wills prepared by solicitors and will-writing companies were failed. Wills were almost just as likely to fail when the client had simple or complex circumstances. Key problems where the will was not legally valid or did not meet the client’s stated requirements, were: inadequate treatment of the client’s needs; the client’s requests not being met; potentially illegal actions; inconsistent or contradictory language; insufficient detail; and poor presentation. Key problems relating to poor advice include: cutting and pasting of precedents; unnecessary complexity; and use of outdated terminology."

The United Kingdom has a legal market which is not only more deregulated that the US market, but will become even more deregulated in the future. Despite this more open environment, the Panel concluded that:

"Inherent features of will-writing services place consumers at risk of detriment. Consumers lack the knowledge to identify technical problems or assess whether the additional services offered are necessary or represent good value for money. The reliance on extracting good information about the consumer‟s circumstances and preferences, combined with the range of possible ways to deal with these in the will, means there is potentially wide scope to give bad advice."

and

"However, there is a need to make consumers better aware of the suitability of online services as these received the highest proportion of fail marks in the shadow shopping, but wills sold over the internet are difficult to regulate."

Thus, the Panel proposes that:

"will-writing services should be made a reserved legal activity. Any business – not just a solicitors firm – satisfying an approved regulator‟s entry standards could provide will-writing services."

The UK approach is not to restrict will-writing just to lawyers, but to open up the system to any providers that can satisfy the educational, regulatory, and accountability standards within the reserved activity. This is a vastly different approach than eliminating standards all together, as the authors seem to suggest.

The compete UK Report on Regulating Will Writing can be downloaded here. See also our Resource Page on Regulation of the Legal Profession.  The Report is worth reading by any policy maker who is thinking about doing away with all regulation of the providers of legal services to the general public.

Some final thoughts:

The authors claims of the benefits of deregulation in general are not supported by current evidence.

Consider:

  • Deregulation of the mortgage baking industry brought the American economy to its knees;
  • Deregulation of the US banking industry has wreaked havoc on the world’s economy;
  • Lack of strong regulation of the proprietary higher education industry has resulted in thousands of graduates without an adequate education, low employment rates, and high default rates. (Of course, as the author’s point out, you could say the same about law schools and law school graduates, but then again the accreditation of law schools by the American Bar Association, it can be argued is another example of an "unregulated activity" without substantive standards that are meaningful).

The list can go on.

Perhaps I am premature in my judgment as the book has not been released, and I have just reviewed the salient conclusions. I can’t wait to give it a full read and review.

 

 

Beware of Legal Mythology!

21 Aug
Lawsuit Self-Help ... Step-by-Step

 

Many today are angry at our justice system, and many of them have good cause to be angry!

But, some are too angry!

Their anger will hurt you!

They are out of control!

They teach falsehoods!

They’re that angry!

That’s how you know them.

They are not your friend!

Their “legal theories” fail.

They are blinded by rage.

Believe them at your peril.

Angry people can rarely be trusted, and that is never more true than when they try to get you to join them in their angry legal theories that run contrary to the rules that control our courts.

#1 For example, a nice fellow called me the other day and ended up screaming at me because I refused to go along with his idea that our birth certificates are some kind of “contract”. In the first place, the most fundamental truth about contracts is that no “contract” can bind a party who doesn’t understand the agreement. Even if we were able to understand the alleged binding nature of our birth certificate at the moment of our birth, we didn’t sign the thing! Some doctor did, probably. We cannot be bound by a contract we don’t understand, and certainly not one we didn’t enter into. Yet, this nice man screamed at me for refusing to help him storm the hated walls of justice for him and take up his cause to fight the dragons!

#2 Another strange legal myth that’s come around in the last few months is that one can “copyright” his or her own name and thereby prevent the courts from using their name on any court papers. Duh! Anger does twist the mind in strange ways! But, to think one can prevent others from using his or her name by “copyrighting” the name is utter nonsense.

I want you to win.

You cannot win relying on nonsense!

#3 A few are absolutely convinced that our courts are “sitting in admiralty” and therefore cannot rule in common law or statute. But, the fact is that pretty much any court can rule in admiralty cases, if the issue before them is one that involves navigation or the rights of seagoing workers or dockside stevedores. Contract disputes, negligence cases, foreclosure, and other matters are absolutely notadmiralty cases, and the courts that hear such cases are not “sitting in admiralty” … no matter whether there’s a yellow fringe on the flag in the corner or not.

#4 More than a few seem to have made a “religion” out of believing such things. Many claim to be “patriots”, yet do all they can to evade the Rule of Law and refuse to do much of anything toward learning the principles of due process so many gave their lives to protect in past and present wars! This group of people get together to talk about how horrible things are but spend very little effort learning how to make things better by learning the rules!

I know people are hurting.

I’ve been helping thousands upon thousands of good people get justice in the courts since 1997 when I first put Jurisdictionary on the internet. It wasn’t much back then, but I’ve been doing all I can to make it better each year and will do the best I can to continue in the months and years to come.

But!

If you choose to believe the lies, God help you!

Lies are what we’re fighting to overcome.

Overcoming lies is what the rules are all about!

Please don’t get me wrong. I want to help those who are angry, as well as those who are being destroyed by crooked bankers, corrupt judges, lying lawyers, and the hosts of darkness that never seem to give up in their quest to destroy all that’s good and wholesome in this world we live in.

But!

YOU … that’s right … YOU cannot afford to believe the lies if you want to get justice in our courts!

Your birth certificate is not a contract.

You are who you are, no matter whether your name is spelled in ALL CAPITAL LETTERS or all small letters or written out in script with a ball-point pen!

And, as far as our courts go, nobody (and I do mean nobody) knows better than I do about the corruption of some judges or the stealth and trickery that lawyers use to twist the truth to their own advantage.

But, being angry won’t help.

The only thing that will help is learning how to use the rules that control the courts, rules that stop corruption, rules that require judges to grant justice, rules that were paid for by far too much innocent blood already.

Please join Jurisdictionary in our effort to uplift the hopes and determination of the American People and even people in other nations around the world where justice is for sale to the highest bidder and good, honest people are sacrificed on the altar of money!

Someone once said, “The truth will set you free!”

If YOU believe that … if you really believe it … then you will join the work of Jurisdictionary to reach people who are being destroyed all too often simply because they are believing the legal mythology so rampant on the internet, in our daily emails, and even in weekend seminars a few amateurs here and there are putting on for those foolish enough to pay.

There’s never been but one way to win any contest!

Either you cheat … or you use the rules to your own advantage.

Cheaters don’t win all that often.

Food for thought?

– – – – – – – –

Winning is EASY once you know the rules and how to use them effectively!

Help Your Friends!
Forward this email end this link to the
Lawsuit Flowchart
so your friends can see how easy it is to win.

Don’t let anyone intimidate you into thinking lawsuits are too complicated for mere mortals to grasp or deceive you into thinking all lawyers are smarter than the rest of the human race … ’cause it ain’t so!

Anyone can learn the rules required to win!

Anyone!

You simply need to start with a clear view of the field of play, the object of the game, and the rules that control all the players … including judges and lawyers!

It IS simple … as many thousands have learned!

In the 13 years since I launched Jurisdictionary I’ve found the most debilitating factor that infects good people with hopelessness is the fear that comes from lack of knowing how the game of litigation is played to win!

Not knowing creates fear.

Knowledge displaces fear with the confidence!

Take any apparently complicated thing apart to examine its component parts and you quickly see how they all fit together. When you first begin, it seems impossible.

But!

If someone shows you how each separate part works with each of the other parts, even the most complicated things are suddenly easy-to-understand. The mystery my profession has woven disappears!

Every one of you has great legal power!

Sadly, many good people never discover the power that is theirs … so people who know how to use the rules of court and the law of the case take advantage of them!

Jurisdictionary wants to turn the tables on crooked lawyers and biased judges and protect the “little guys and gals” that are being taken advantage of simply because no one has ever come out with a course like this. No one has ever cared enough to tell you the truth. No one has ever made it this easy-to-understand!

It is easy-to-understand how to win in court once you see things the way I teach them!

The full details you need to know are in my affordable step-by-step Jurisdictionary course.

To learn more, go to: www.Jurisdictionary.com

Click this link to watch a FREE VIDEO.

============================

My affordable 24-hour step-by-step lawsuit self-help course includes:

  • 5-hour video CD simplifies process of litigation
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Force judges to enforce the rules, instead of allowing the lawyer on the other side twist the law against you!

You cannot win if you don’t know how to control the judge and all the lawyers (including your own lawyer, if you can afford to pay one to go to court for you)!

You’ve heard the horror stories from others.

Don’t let it happen to you!

Order my course now, if you don’t already have it.

Know the rules and how to force everyone to obey!

Know how to draft proper pleadings, how to get your own evidence in the court’s record, how to keep the other side from getting their evidence in, how to move the court to enter orders favorable to your cause, and how to use your Jurisdictionary legal know-how and case-winning strategies to control the judge and win your case!

My self-help course is presented in such an easy format people tell us an 8th grader can learn it in just 24 hours!

Know what you must know to win!

Stop courtroom corruption!

I’ll show you how in just 24-hours … step-by-step!

Control judges and lawyers – or lose!

My “Tips & Tactics” newsletters are only introductions to the complete course you need to win. If you don’t already have my 24-hour step-by-step self-help course, go to my website and order now!


www.Jurisdictionary.com

As Woody Guthrie used to sing, “This Land is our Land,” and that includes every courtroom and every courthouse from San Diego to Bangor, Maine. Why let lawyers control our lives with trickery? Why let judges destroy our lives by letting lawyers get away with their trickery?

YOU CAN WIN!

Forward this article to ALL YOUR FRIENDS!

If you aren’t involved in a lawsuit or threatened with one today, learn what my course teaches and help others who will be destroyed by all-too-common courtroom corruption if YOU don’t help them learn what it takes to win!

There are more than 150 lawsuits filed every minute in the United States – nearly 100 million each year. Try to imagine how many thousands of good, honest people will be destroyed in the next 7 days just because they have no idea how to protect themselves and have nobody they can trust (or afford) to help them win!

Urge everyone to get my affordable 24-hour course!

Do it for your nation … and for your children!

Dr. Frederick David Graves, JD

Jurisdictionary

 

Is Legal Software Conduct? True or False?

09 Aug

Legal Software Program On August 2, 2011, Federal District Judge Nanette K. Laughrey, for the Western District of Missouri, the Judge presiding over the class action case against LegalZoom for unauthorized practice of law, released an opinion denying, in part, Defendant’s Motion of Summary Judgment. The Court held that document preparation by non-lawyers, under Missouri Law, is conduct, and not entitled to First Amendment protection. ( See full opinion here ).

This is consistent with my own view, expressed in a previous post. (Is LegalZoom just a self help legal software company?).

The court’s opinion rejects the logic in an article authored by Professor Catherine J. Lanctot, titled, "Does LegalZoom Have First Amendment Rights: Some Thoughts About Freedom of Speech and the Unauthorized Practice of Law." , which doesn’t surprise me, as it is hard to characterize LegalZoom’s activities as "speech", when they have 500 employees working on customer’s documents.

One paragraph in the Court’s opinion is troubling. On Page 21, the Opinion states as follows:

"Furthermore, LegalZoom’s branching computer program is created by a LegalZoom employee using Missouri law.  It is that human input that creates the legal document. A computer sitting at a desk in California cannot prepare a legal document without a human programming it to fill in the document using legal principles derived from Missouri law that are selected for the customer based on the information provided by the customer. There is little or no difference between this and a lawyer in Missouri asking a client a series of questions and then preparing a legal document based on the answers provided and applicable Missouri law. That the Missouri lawyer may also give legal advice does not undermine the analogy because legal advice and document preparation are two different ways in which a person engages in the practice of law. "

…..
"The Missouri Supreme Court cases which specifically address the issue of document preparation, First Escrow, Mid-America and Eisel, make it clear that this is the unauthorized practice of law. The fact that the customer communicates via computer rather than face to face or that the document prepared using a computer program rather than a pen and paper does not change the essence of the transaction."

This Opinion could be interpreted to mean that all legal software programs are a form of conduct, and not entitled to First Amendment protection. I would argue that the Court comes to this conclusion because the legal software is used in the context of a document preparation service, and is not a stand alone program. As the Court further explains that:

As in Hulse, First Escrow, Mid-America, and Eisel, LegalZoom’s customers are rendered passive bystanders after providing the information necessary to complete the form. Yet LegalZoom charges a fee for its legal document preparation service. …..The customer merely provides information and "Legal takes over."

The facts of this case make a difference, I would argue, in understanding the scope of the Court’s Opinion.

If we define a legal software program as a "product", where there is no service element and no conduct whatever, then it is hard for me to believe that the Court intended to ban legal software programs from distribution directly to consumers, whether on-line or off-line.

If that was the Court’s intent, then companies like Nolo and Intuit, would have to pull their products off the shelves of Barnes & Noble and Staples and Amazon, programs like LawHelp Interactive, supported by the US Legal Services Corporation, would have to be terminated, and the many web sites that offer interactive forms, without any service component would have to be abandoned. Courts that are experimenting with distributing interactive forms from their web sites, would have to consider whether this activity is the "unauthorized practice of law", a strange result.

A2J Guided InterviewsLaw Schools like Chicago-Kent Law School that are experimenting with new legal software interfaces that connect citizens directly with legal help through software, might reconsider their efforts.

Stop No Entry

The only way that such legal software could be used, would be by attorneys in the context of delivering of legal service through their law firms. I think this would be an unfortunate result.

 

Other possible negative consequences of such an interpretation would be:

  • The legal profession would be further attacked for attempts to restrict commerce and maintain higher legal pricing by the consuming public causing further damage to the profession’s already declining reputation;
     
  • Pro se litigants would not have access to tools that enable them to represent themselves, further restricting access to the legal system;

It would be helpful, if the Missouri District Court clarified its language on page 21 of the Court Order to distinguish between fact situations where interactive legal software is used as part of a document preparation service business and situations where the programs are distributed as stand alone programs — products–  like a book or other publication. What do you think?

 Increasng Profit Margins With Document Automation- Free White Paper

 

How to Fight Fraud

19 Jul
Win with Jurisdictionary!Today’s Tips & Tactics will help all of you who are fighting banks, credit card companies, and anyone else who fraudulently claims you owe them money!
If you’re an honest person being sued by a dishonest creditor, today’s Tips & Tactics may save you a load of cash … if you do things the way you’ll learn in myofficial affordable 24-hour step-by step  Jurisdictionary self-help course!

There’s a reason for the phrase, “Put it in writing!”

Every jurisdiction we know of adopts a common law principle known as the “Statute of Frauds” so people wishing to sue you for any promise they say you made to them must offer written evidence of that promise …signed by you!

No writing, no lawsuit.

It could be a mortgage, promissory note, lease, credit card application, or any other promise they say you made.

In some states, if the promise was to perform some service that was to be performed in less than one year, or to pay less than $500 for some item like a lawn mower or bicycle, no writing is required … but if the promise was for more than a year or more than a small amount of money, the Statute of Frauds bars the lawsuitif there is no writing signed by you!

So, what’s the first thing you do when you’re sued for a promise you did not make?You demand to see the original writing that bears your signature!

How do you do that?

You use what’s called a Request for Production. The other side has a certain time period within which to comply. If they don’t produce (and many times they’ll put up some bogus objection) you file a Motion to Compel Production and set your motion for hearing. If you do this the way we teach in our 24-hour step-by-step Jurisdictionary self-help course, the judge will ORDER them to produce … and if they fail to obey the order their case will be dismissed!

You do not use a subpoena to get documents from the opposing party. You use a Request for Production, and you can use it to get other things as well, if they will likely lead to the discovery of admissible evidence.

Help Your Friends!
Forward this email and this link so they can get the Lawsuit Flowchart so your friends can see how easy it is to win.

I explain in the Jurisdictionary course how a client came to me after being sued by Sears for a credit card debt. He told me he never had a Sears card, so I served the plaintiff with a Request for Production demanding to see “every document signed by the defendant”. Sears had 30 days to respond.

On the 29th day I got a call from Sears’ lawyer saying they couldn’t find any documents signed by my client and asking for an extension of time.

I refused.

The case was dismissed.

Because of the present economic crisis, some judges make an effort to lean favorably toward creditors who come to court without sufficient evidence. If you don’t know what we teach in the Jurisdictionary course, you might find yourself on the short end of a long judgment against you for a debt you truly do not owe. It’s happening far too frequently.

Of course the practice of requiring the other side to prove their case (using Requests for Production and your other powerful evidence discovery tools) is a practice you cannot afford to ignore.

Proof is what lawsuits are all about.

Learn how to prove your position … and how to force the other side to prove theirs!

Losers believe in fables and get their legal education at the barbershop or expensive weekend seminars or websites run by people who never practiced law, never went to law school, and don’t know mud from sand about the rules of court or how to use them to prevent fraud.

Protect yourself from lawyers and judges!

It’s easy, once you understand “due process”.

Due process IS your most valuable right.

Due process is your most valuable right, because without the ability to win in court, the rest of your “rights” are just political rhetoric, promises with no power.

The Constitution of the United States promises you the protection of due process, but it doesn’t tell you what due process is or how to get it!

Jurisdictionary was created by a lawyer with more than 23 years of experience winning lawsuits!

Winners learn the rules of evidence, the rules of procedure, and how to use the rules to control corrupt judges and overcome crooked lawyers.

Learn how to protect yourself!

People who have our course tell us an average 8th grader can understand it all in a single weekend.

The complete 4-CD course is still only $249.

If you have a lawyer, you can save thousands in legal fees just by knowing what the lawyer should be doing to win.

If you don’t have a lawyer, you’ll know how to stop the opponent’s crooked tactics and get the judge on your side!

The key to winning is knowing how to use the rules!

  • The Rules of Evidence
  • The Rules of Procedure

That’s all there is to it.

The rules are actually simpler than the official rules of major league baseball …believe it or not!

To learn more, go to: www.Jurisdictionary.com

=========================================Our affordable 24-hour step-by-step course includes:

  • 5-hour video CD simplifies the process of litigation
  • 2 audio CDs present practical tactics and procedures
  • 15 in-depth tutorials on a 4th CD lay out the basics
  • Free EasyGuide to the Rules of Court
  • Instant On-Line Access while CDs are in the Mail
  • Still Only $249 … Includes Shipping & Handling

Save legal fees! Control judges!

Defeat crooked lawyers!

www.Jurisdictionary.com

Ask anyone who has our course. “Jurisdictionary Works!”

Call Toll Free for details: 866-Law-Easy

 

 

Summary Judgment – The Trap

14 Jul

 

Here’s how to avoid the summary judgment trap! 

Summary judgment can be a good thing – when it’s working for you!

It can mean the end of litigation in your favor, victory without a fight.

It can save months and even years of money-draining litigation sorrows.

But!

If your opponent files a motion for summary judgment against you, the result can be immediate defeat if you don’t apply what I teach you.

Banks and other powerful opponents do this routinely. They start with a laundry list of affidavits by which they wish the court to believe they’ve “proven” the facts of their case (inadmissible affidavits, by the way), and their lawyer points to the paperwork, files a motion for summary judgment, and insists the case has already been proven.

That is almost never the truth.

It’s a trap!

Here’s what you need to know!

Summary judgment is provided by Rule 56 Federal Rules of Civil Procedure and by state court rules in every state in our Republic. All the states follow the federal rule closely. There may be a few minor differences but, in general, the rule and the principles are identical.

Either party (plaintiff or defendant) may file the motion.

The motion must allege (and the moving party must ultimately prove) “there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.”

Danger!

There is almost always at least some “genuine issue as to a material fact” that precludes summary judgment.

But!

If you don’t understand what is meant by “genuine issue” or “material fact”, you will lose … needlessly!

I’ve been an attorney nearly a quarter-century. I’ve read a h— of a lot of cases in those years, believe me. And, in all that reading I discovered that summary judgments are routinely set aside on appeal! That’s right. The majority of summary judgment orders are reversed on appeal.

Don’t believe me?

Go to any online legal research cite and enter the following search terms: precludes w/4 summary (i.e., search the case law in your appellate jurisdiction for the word “precludes” appearing within 4 words of “summary”).

Hit “Enter” and sit back and watch the cases fly onto your screen one-after-another. I just pulled up 151 of them here in Florida’s state appellate decisions.

Read a few dozen and you’ll see what I mean.

Don’t be trapped by summary judgment motions!

The key to winning (whether you’re the one defending or the one filing the motion) is the rule itself and preparation for appeal that’s made simple enough for an 8th grader to understand using my affordable Jurisdictionary step-by-step self-help course.

Read the rule … state or federal.

Also read the cases that explain the rule and how it is applied by the appellate courts to determine if summary judgment is proper or not.

The motion is evaluated on the following grounds: “the pleadings, depositions, answers to interrogatories, and admissions on file,together with affidavits, if any”.

So many of you don’t yet understand the power of your five (5) discovery tools and the importance of firing them off at the first opportunity in your case. By requests for admissions, requests for production, interrogatories, and a deposition or two along with a few subpoenas you can make it clear there are “genuine issues of material fact” in the record … precluding summary judgment.

The other fortress against summary judgment is built by drafting powerful pleadings (whether you’re the plaintiff or defendant). The pleadings (complaint and answer with affirmative defenses) are the first defense against losing on a summary judgment motion, because your pleadings raise the issues that you’re competing for. If you file weak pleadings (plaintiff or defendant) you offer your opponent an opportunity to charge ahead with summary judgment.

Weak pleadings followed by delayed discovery opens the door for your opponent to argue, “There are no genuine issues of material fact in the record,” and that’s all he needs to win.

My Jurisdictionary course shows you how to draft powerful pleadings in easy steps with explanations and examples of the forms most commonly used.

The courts are jammed with litigation. In most states, it can take months just to schedule a simple hearing. Most judges welcome opportunities to grant summary judgment, because it clears the case off the docket!

Beware! The judge wants to enter summary judgment. Not because you are pro se. Not because he hates you. Not because he plays golf with the lawyer on the other side. But, because he wants to clear his clogged calendar of pending cases that are backing up because of the glut of litigation that is delaying justice for good people!

You must prepare with lawsuit know-how or lose!

Solid pleadings create an impenetrable barrier to entry of summary judgment orders. They plainly state the genuine issues of material fact. If they are “verified” (as I teach in my affordable 24-hour, step-by-step Jurisdictionary self-help course they should always be) then you have built a protective wall around your case. The genuine issues of material fact are in your pleadings! Your pleadings cannot be changed by your opponent. You state your “genuine issues of material fact” in your complaint or answer and affirmative defenses, and protect yourself from summary judgment motions filed by the other side!

Prompt discovery provides an additional barrier against summary judgment rulings. When the other side cannot produce documents you’ve properly requested according to the rules, and those documents would tend to prove your case, then a “genuine issue of material fact” is established that precludes entry of summary judgment. The same can be said of requests for admissions, interrogatories, answers to deposition questions, and so forth.

And, of course, the importance of arranging in advance to have every proceeding recorded by an official court reporter and to arrange in advance for obtaining a certified transcript afterward to prove everything said or done in court cannot be overstressed! Like the Chinese Laundry operator used to say, “No ticky. No washy.” If you don’t arrange in advance for a certified transcript to be available to you after every in-court proceeding, you’ve telegraphed permission for the judge to do whatever the judge wishes to do … and that include knocking your case off his busy calendar by granting summary judgment, because without a court record the judge knows he cannot be reversed on appeal! No transcript. No appeal.

It breaks my heart to learn how many of you are beaten by summary judgment and other tactics by unscrupulous lawyers who don’t care about truth or justice or fairness or anything beyond a newer sports car and a bigger swimming pool in their backyard.

You don’t have to lose just because you’re pro se!

I receive emails every day from people who believe that lie … people who’d rather complain about their losses and blame anyone but their own unwillingness to learn. This is not the spirit that once made America great, my friends.

Learn Rule 56 (or the corresponding rule in your state court). Read a few dozen cases you can find online using the search terms given above.

Educate yourselves on something other than the insidious silver-bullet nonsense that is so prevalent on the internet these days.

People who say justice is impossible for pro se litigants are misinformed.

Justice most certainly is possible … for those who take my affordable 24-hour, step-by-step Jurisdictionary self-help course.

If you want to learn the rules at the law library and not pay for my course, that’s fine with me. But, please stop believing those who saypro se justice is impossible.

I will say this: Justice IS impossible for those who don’t yet know how to command the courts as I teach.

Finally, please know this about me and my success in court: I wasn’t born with a silver spoon in my mouth. I have never belonged to a country club. I didn’t win cases by being one of the “good old boys”. For most of my life I was common as dirt. I didn’t get my chance to go to law school until I was 39. That was 28 years ago. I won on a regular basis in spite of the odds against me because I believe in the rules of due process and, after 10 years of fumbling around in the dark, I finally learned how to use those rules effectively to control judges and get justice for my clients!

Until I was 42 years old and passed the bar exam, I had to work as hard or harder than any of you just to make ends meet! I was a ferry boat skipper. I ran fishing boats. I swung a hammer and pushed a saw and carried sheets of plywood and 2×4’s. I had a job pulling beers in a southern bar where pickled eggs, pigs feet, and boiled peanuts were the food du jour. I scraped barnacles off boat bottoms. I climbed tall radio towers to replace light bulbs. I once spent weeks inside unfinished sailboats grinding fiberglass in the Miami heat, enduring the itch of fiberglass dust mixed with sweat and occasional blood from the cuts of sharp edges of newly laid fiberglass material. At one point in my long career of unimaginables, I drove a Frosty root beer truck delivering cases of soda to country stores in the farmlands east of Tampa. I worked my way through undergraduate school at Florida State (because my family could not afford to send me to college) installing short wave radios in fire trucks and ambulances. I didn’t make enough to go to an ivy league school. For years I lived in rented one-room apartments and got about on a bicycle, because I couldn’t afford a car or gasoline. For nearly 9 years of my adult life I lived in small beat-up old sailboats, no air-conditioning, no refrigerator, no TV.

I know what most of you are going through!

I want to help you!

But, you need help yourselves and others!

I didn’t win most of my cases by sucking up to the good old boys! I won by learning how to use the rules, and you can learn, too!

We can win the war against corruption in this nation and be the example Adams and Paine and Washington intended us to be … but we must do it according to The Rules of Law and with due process, not foolish fables.

YOU DON’T HAVE TO LOSE!

Believing internet fables, even if they were true, isn’t going to help you or your family. Joining the crowd that can only complain and point fingers isn’t making things better for any of us.

The true patriots who are making things better for all of us (or, at least, trying their best to do so) are those who fight for victories over corruption using due process and the Rule of Law for which too many good men and women have already given their lives.

Let us honor those who gave their all for the sake of liberty and due process by renewing our pledge to the cause of Justice … overcoming the corruption in our courts by forcing judges to obey the rules too many have already died for!

Please don’t send me emails telling me the courts are corrupt. I know first-hand about corruption. That’s why I created Jurisdictionary in the first place. I know judges who are so corrupt they should be horse-whipped. I know lawyers who are so corrupt they don’t know how to stop lying, even when they aren’t in court.

But! I also know how to win … and you can, too!

I’d appreciate receiving some emails this week thanking me for Jurisdictionary instead of attacking me for not joining the milieu of madness that has little to offer beyond telling us what’s wrong. Most of us already know what’s wrong. What we need is for more of you to discover that the only way to deal with corruption is to overcome it!

Complaining about corruption alone does not stop it!

When corruption is in the courts, the way to win is to rub the judges’ noses in their very own rules!

Good judges will do what’s right.

BAd judges fear being reversed on appeal.

I didn’t win for a quarter-century by belonging to the “good old boys” network. I don’t belong to any fraternity or secret society. I hate the good old boys for a number of personal reasons I may write about in my autobiography someday, if anyone is interested. I hate all they stand for. I hate their abuse of people who don’t know how to fight back. I hate their cruelty. I hate their arrogance!

So I created Jurisdictionary so YOU can fight back!

The choice is yours, after all.

I cannot make you believe what I say.

You simply need to try my methods and see for yourself what the people who wrote those testimonials at the right have discovered. →

If you already have my course, urge EVERYONE to get the course and stop the courthouse corruption that is destroying our nation and putting your children’s future in peril of being utterly destroyed by the elitist agenda to rule us all by taking away our voice and our right to be heard in court on the public record!

If you don’t yet have my course, order it today and find out for yourself just how powerful you can be with just a little bit of practical lawsuit know-how!

Help us restore due process to our nation, please!

Learn how to use the rules to command justice!

Help us overcome the evil of this age!

Do it for your children!

Dr. Frederick David Graves, JD

Jurisdictionary

– – – – – – –

To win in court you must fight tooth-and-nail!

This isn’t a parlor game!

This is war!

The rules of due process are the People’s Power to control the machine we call government and get the redress for our grievances that millions died for!

My profession has hidden the rules of due process from you and from the rest of the public, so lawyers can charge exorbitant fees to do what any 8th grader can do after learning how with my affordable 24-hour, step-by-step Jurisdictionary self-help course.

Due process is your #1 right, because without it none of your other “rights” are enforceable in court!

But! To enforce your rights you need to use the rules!

The Constitution mentions due process. It doesn’t begin to explainwhat due process is or how to use it to control courts … and thereby to control judges, lawyers, giant banks, high-minded government officials, or even angry neighbors!

Can we Americans afford not to learn the rules?

Due process is the power of the people to control their government by controlling the courts!

Jurisdictionary believes it’s criminal for a government to refuse to teach its People how to use due process to enforce the People’s God-given rights! But, our leaders refuse to teach us the rules by which they control us!

Jurisdictionary also believes it’s criminal to promote legal people fables or to urge people to believe justice is impossible! Corruption is real. We know that. But those who know the rules and how to use them get justice for themselves in our courts, if their cause is just!

If you agree with us, please help us by telling others what we teach. If they don’t want to buy my course, that’s fine. Let them go to the law libraries and learn the official rules from the official books. But, PLEASE PROMOTE OUR VISION!

Until we Americans learn the RULES of due process, we cannot possibly hope to control those who hold the reins of government power … and at this critical hour we have very little time to take control of our government!

Some leaders in Congress are hell-bent to enforce laws on us that will totally remove our right to due process!

America needs to go to court!

Every last one of us simply must learn how to control the nonsense coming out of our courts today. Every last one of us must learn how to overcome crooked lawyers using the “official rules”, instead of internet mythology.

It isn’t hard to learn!

It really isn’t.

But, if we refuse to learn it will be US who’ll be to blame when America falls to the powerful elite we are allowing to rob us of our heritage and even our morality as a people.

Please help me promote due process knowledge!

Support Jurisdictionary!

Or, you can follow the advice of the internet nutcases who tell you to challenge the judge’s oath of office, or to claim your NAME IN ALL CAPITAL LETTERS isn’t you, or to insist because there’s a fringe on the courtroom flag that the court is operating under admiralty law, or some other absolute nonsense that will end up getting you destroyedand giving even more power to the ruthless lawyers and judges who steal from the poor to give to the rich and rob your children and their future of the moral framework that makes human happiness possible!

If you don’t want lawyers and judges to rule the world, learn the official rules of due process that control them!

We are running out of options!

To learn more, visit my web site: Jurisdictionary.

– – – – – – –

You may find this hard to believe, however today’s law schools don’t teach law students what it takes to win! They don’t teach how to use the rules of evidence and rules of procedure to overcome crooked lawyers and control corrupt, arrogant, high-minded judges, because it isn’t “politically correct” to tell the truth about this “profession”. But, knowing how to control judges and overcome crooked lawyers is what it’s all about!

The typical lawyer will play every dirty trick in the book, but it’s not a judge’s job to interfere. The judge is not allowed to interfere. But! You can prevent the lawyer on the other side from getting away with his or her dirty tricks once you know how to force the judge to put a stop to it using the RULES!

There’s a reason why there are more critical jokes about lawyers than all the rest of the professions combined! You cannot afford to let lawyers side-step the rules and destroy your future, your finances, and your family!

Learn how to force the judge to enforce the rules!

Know the truth that law schools refuse to teach!

Learn how to use official court rules in an effective, tactical manner that demands compliance and obtains justice for you!

Jurisdictionary will show you how in just 24 hours!

Law schools teach 3 years of theory, but many professors never practiced law, and those who have any experience in court are teaching instead of doing. Ask yourself why. A good lawyer can make several times what a tenured law professor can pull down teaching. Do the math!

This is good news for you!

In reality, perhaps a majority of lawyers don’t have a clue what they’re doing … so, once you know what the 24-hour Jurisdictionary course teaches step-by-step, you’ll actually have an advantage … becauseyou’ll know what law schools refuse to teach!

Due process isn’t difficult at all, but it is an axe fight!

Sharpen your axe with Jurisdictionary!

Nothing else works!

Even if you have thousands to pay lawyers to go to court for you, Jurisdictionary can save you money by showing you what your lawyer should be doing to earn his or her pay.

If you can’t afford a lawyer (or don’t trust them) then this affordable 24-hour step-by-step course is just what you need to protect your God-given rights from abuse.

Learn the process of due process that lawyers don’t want you to know … and stand up for your rights effectively!

And, nobody makes it easier than Jurisdictionary!

Do what Jurisdictionary teaches, and you’ll be pleasantly surprised when you find the judge is on your side!

Dr. Frederick D. Graves, JD
Toll Free: 866-Law-Easy

 

 
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Should law firms be owned by non-lawyer investors?

19 May

There has been much discussion recently in various venues about whether 5.4 of the US Rules of Professional Responsibility should be amended or revised to permit investment in law firms by non-lawyer, or non-lawyer entities, or even ownership of US law firms by non-lawyer entities. The ABA’s Ethics 20/20 Commission is circulating a paper on the subject and is soliciting comments.

Known in the United Kingdom as Alternative Business Structures (ABS), this new form of law firm organization, authorized by the UK Legal Services Act of 2007,  will be permitted after October 6, 2011. Alternative Business Structures are already permitted in Australia, where several law firms have already gone public.

Other than the State of North Carolina where there is bill pending to permit non-lawyer ownership of up to 40% of a law firm, there has been little movement in the US to make change Rule 5.4 Some hybrid models are beginning to emerge in the US,  but they are a workaround the existing rules.

There is no clear path for non-lawyer ownership or investment in a law firm in the United States, and as a result it is arguable that the legal services delivery system lacks the capital necessary to innovate and create the efficient systems that are necessary to serve not only the "latent market for legal services", but existing legal markets more effectively.

Now comes Jacoby & Meyers, a law firm that has pioneered in changing the way legal services are delivered, filing multiple law suits in the Federal District courts of New York, New Jersey, and Connecticut against the presiding state justices in those states responsible for implementing and enforcing Rule 5.4, requesting that the Rule by overturned. The Complaint makes clear that Jacoby & Meyers "seeks to free itself of the shackles that currently encumber its ability to raise outside financing and to ensure that American law firms are able to compete on the global stage"

Click here for a complete version of the Complaint.

Andrew Finkelstein, the Managing Partner of Jacoby & Meyers, and also the Managing Partner of Finkelstein & Partners, said that "No legitimate rationale exists to prevent non-lawyers from owning equity in a law firm. The time has come to permit non-lawyers to invest in law firms in the United States,"

Now the fun begins!

Disclosure: Finkelstein and Partners is a subscriber to our  DirectLaw Virtual Law Firm Service.

 

 

 

 

 

Nolo Announces Law Office Concept for Members of its’ Law Firm Directory

26 Apr

Nolo, the leading self-help legal publisher in the United States, launched a Law Firm Directory several years ago. I have listed my virtual law firm in this Directory for several years and found that it yielded pretty good results for the amount of money invested as the Nolo web site is a high traffic web site that attracts consumers looking for a lower cost way of getting their legal problems resolved. Since my law firm offers "unbundled legal services for a fixed price online" it is a perfect fit for the Nolo Lawyers Directory.

Nolo recently announced their concept of the Nolo Law Office which brings even more value to a law firm listing in the Nolo Law Firm Directory. This may sound like a commercial, but it isn’t. I just wanted to share the information about this high value concept that is a great complement to law firms using not only our DirectLaw Virtual Law Firm Platform, but other law firms delivering legal services online, as well as law firms that have a more traditional office-based practice.

If you sign up for the Nolo Law Firm Directory, you also get these goodies:
 

  • Your website is linked to Nolo’s website which can contribute toward enhancing your firm’s visibility on the Internet.
     
  • You get priority placement on Nolo’s partner lawyer directories which include: the Justia Lawyer Directory; the LLRX Lawyer’s Directory, Cornell University Lawyer Directory, and the Oyez’s Lawyer Directory.
     
  • Up to 15 Nolo articles are licensed free of charge which you can published to your web site. This is excellent content that, if selected carefully, can add to a law firm’s web site.
     
  • You can access over 300 fillable Adobe .pdf forms which can be used internally in your practice. These forms are not web-enabled in the sense that they can be completed by a client using an online questionnaire, but they are very useful as an adjunct to the range of document products you can offer. For example, a law firm using the DirectLaw platform can upload a fillable .PDF to the client’s secure MyLegalAffairs web space and the form can be sold bundled with legal advice through DirectLaw’s ecommerce functionality that supports non-Rapidocs forms and documents.
     
  • You can access 160 ebooks available for download at no additional charge. This effectively gives you an in-house law practice library for free. Almost the entire Nolo catalog is available for a free download.
     
  • You have unlimited use of Nolo’s OnlIne Will and Living Trust Applications that can also be used internally. These applications are not client facing, like the DirectLaw web-enabled automated document applications, but they can be used effectively internally. (Nolo does offer these applications directly to consumers).
     
  • Finally you have use of the web-based MYCASE Law Practice Management System. This gives you a law practice management system essentially for free, the same kind of system that other vendors charge $49.00 to $69.00 a month (for solos practitioners). This is a new company that has entered the SaaS law practice management industry and competes with the likes of CLIO and RocketMatter. I haven’t done a detailed comparison of MYCASE with other SaaS practice management solutions, but its certainly worth evaluating because it is free to subscribers of the Law Firm Directory.

The fees for listing in the Nolo Lawyer’s Directory vary by practice area and territory, so I would experiment to see what combination has the highest return on investment. Having access to the Nolo Law Office concept is a real bonus that gives the entire package real value for even the smallest law firm.