So I received a semi-mass emailing from some Thomson Reuters Market Research senior analyst (think, he must be 25-years old as opposed to a 21-year old for “senior” analyst status) very late last week which read in redacted part: Thomson…
Posts Tagged ‘profession’
Your Most Valuable Legal Right …
06
Jun
|
Will LegalZoom Become the Largest Law Firm in the US?
05
Jan
LegalZoom has been beta testing a concept which links its marketing capabilities to a network of law firms that offer legal services under the LegalZoom brand. With some state bar associations accusing LegalZoom of the unauthorized practice of law, it might makes sense for the company to seek deeper alliances with networks of attorneys who are able to offer a full and ethically compliant legal service. Solos and small law firms, leveraging off the visibility and prominence of the LegalZoom brand, could reduce their marketing costs and enable these firms to better capture consumers who are part of the “latent legal market” on the Internet. It could be a win/win for both parties.
Unfortunately, linking the capital and management resources of profit-making organization with private law firms is almost impossible in the United States, given the regulatory framework that governs law practice. Unlike, the United Kingdom, which is in the process of deregulating the legal profession, enabling profit-making companies, from banks and insurance companies to retail chains like Tesco, to actually own a law firm, and/or split legal fees with a non-law firm, these practices in the US are strictly taboo.
In the US, law directories can charge a flat marketing fee for a listing, but sharing legal fees with a marketing organization can get you disbarred.
During the dot-com boom around 1999-2000, a company emerged by the name of AmeriCounsel that tried to create a hybrid organizational structure similar to the LegalZoom experiment. The company sought to enable a network of attorneys to offer legal services at a fixed and reasonable price and to mediate between the consumer and the law firm in terms of guaranteeing the quality of the legal services offered. The company failed during the dot-com bust for various reasons, including lack of financing, but on the way to failure, secured some opinions from state bar associations that blessed their model and provides a blue print for hybrid delivery systems which combine the expertise of a law firm with the marketing, management, and technological resources of a non-law firm.
One such opinion was issued by the Nassau County Bar Association New York State.
The Bar Association reasoned that the AmeriCounsel scheme was permissible because:
[S]ince AmeriCounsel does not charge attorneys any fee and since AmeriCounsel does not “recommend” or “promote” the use of any particular lawyer ’s services, it does not fall within the purview of DR 2-103(B) or (D). Rather, AmeriCounsel is a form of group advertising permitted by the Code of Professional Responsibility and by ethics opinions interpreting the Code.
In this model, AmeriCounsel provided technology and administrative services to link the client with the lawyer, but the law firm made no payment to AmeriCounsel. Instead, a separate administrative/technology fee was paid by the consumer to AmericCounsel for using the web site and gaining access to the lawyer. (This is not a practical scheme in today’s web environment, in my opinion), Moreover, AmeriCounsel did not choose the lawyer. The client was able to compare the credentials of different attorneys and choose their own lawyer. Thus no legal referral was involved, which would not be permitted in New York, as only an approved non-profit organization can make legal referrals.
In my opinion, this model, forced on AmeriCounsel, by the Rules of Professional Responsibility, is cumbersome, hard to implement, and was not economically viable for AmeriCounsel. Perhaps this was one of the causes of its failure.
Almost a decade later, companies that want to enter into this kind of hybrid relationship with lawyers, have to follow the same rule structure, as the ABA Model Rules of Professional Responsibility as the rules have not changed in any significant way. changed. It will be interesting to see whether the ABA Ethics 20/20 Commission, which was set up just last year, will address these issues at all.
Perhaps there should be a “safe harbor” that enables organization’s like LegalZoom to experiment with new patterns of legal service delivery that could operate for a limited period of time in a specific state, like California, The experience would be evaluated carefully as a basis for rule and policy change. The evaluation would be aimed to see if client’s interests are compromised in any way, and whether the delivered legal service is less expensive, without compromising the quality of legal service.
Instead of creating legal profession regulatory policies that are based on the legal profession’s idea about what is good for the consumer, policy could be based on real experience and facts. Experimentation is good. It leads to change, and in other industries improvement of methods and approaches over a period of time.
Of course, I don’t believe that this will ever happen in the US, at least not in my professional lifetime.
Getting a Patent For Your Idea or Invention
03
Jan
A client came to me today wanting to know if I could represent him to obtain a patent for an idea he had. He said that he contacted a patent attorney, the only one in the phone book, and he wanted $9,000.00 for representation. I had to tell him that I could not represent him in the matter. Patent law is considered a very specialized practice in the legal profession. Most patent lawyers have a scientific and/or engineering background and even passed a special bar exam in addition to the one all other attorneys passed. Their specialized skills and expertise command high fees.
Consistent with the recuring theme of this site, you can file for a patent without an attorney. You will have to spend a lot of time doing the research and drafting the necessary documents, but it can be done.
Before embarking on the acquisition of a patent, make sure your idea or invention is one that is patentable. You must have a unique idea that is not yet for sale or known about. This means you have to research the idea to insure it is original.
Furthermore, you must be able to describe all aspects of your invention. A simple idea is not patentable. For example, I think we should all have affordable flying cars and robot maids. However, I don’t have any knowledge of how to put these ideas into place, so I could not obtain a patent. You should have well crafted designs and ideally, you should make prototypes showing that your idea actually works.
Consider the economic viability of your invention. Weigh the likely market for your product, the cost of production, and determine if it is likely to be profitable. If not, it is not worth the costs of obtaining a patent.
Once you’ve determined that a patent is right for you, you can obtain a provisional patent for a fraction of the cost and effort that the regular patent will cost. This will allow you patent pending status for one year. During this time, you can start marketing your product to test the waters. You may then file for a regular patent.
This article was based on a real question somebody had. If you have a question about a legal matter that you’d like answered, please do not hesitate to contact FreeForLaw.com. Also, if you’d like to purchase a product, such as a book from Nolo, and you find the information on FreeForLaw.com helpful, please link from this site to help pay to keep this site up and running. Here are some publications you might find helpful:
