providing low bono services over the internet - 02 - summer/06-08 - l… · providing low bono...
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Providing Low Bono Services over the Internet
Forrest Carlson
What is low bono?
2nd Annual Low Bono Conference Session 3 - Technology & Low Bono Services
June 8, 2018 Page 1 of 34
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
2nd Annual Low Bono Conference Session 3 - Technology & Low Bono Services
June 8, 2018 Page 2 of 34
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
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
2nd Annual Low Bono Conference Session 3 - Technology & Low Bono Services
June 8, 2018 Page 3 of 34
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
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
2nd Annual Low Bono Conference Session 3 - Technology & Low Bono Services
June 8, 2018 Page 4 of 34
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
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
2nd Annual Low Bono Conference Session 3 - Technology & Low Bono Services
June 8, 2018 Page 5 of 34
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
What barriers keep you from putting low bono services online?
2nd Annual Low Bono Conference Session 3 - Technology & Low Bono Services
June 8, 2018 Page 6 of 34
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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June 8, 2018 Page 8 of 34
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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June 8, 2018 Page 9 of 34
new (to law) technologies
web publishingdocument automation &legal expert systemsartificial intelligence
new (to law) technologies
web publishingdocument automation &legal expert systemsartificial intelligence
2nd Annual Low Bono Conference Session 3 - Technology & Low Bono Services
June 8, 2018 Page 10 of 34
new (to law) technologies
web publishing
bloggingeducational resourcesdo-it-yourself tools/forms
new (to law) technologies
web publishingdocument automation &legal expert systemsartificial intelligence
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new (to law) technologies
decision treesintelligent formsgathering & using client-specific inputs
web publishingdocument automation &legal expert systems
new (to law) technologies
web publishingdocument automation &legal expert systemsartificial intelligence
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new (to law) technologies
web publishingdocument automationlegal expert systemsartificial intelligence
machine learningnatural language processing (chatbots)
examples of low bono technology in action
web publishingdocument automation &legal expert systemsartificial intelligence
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2nd Annual Low Bono Conference Session 3 - Technology & Low Bono Services
June 8, 2018 Page 14 of 34
examples of low bono technology in action
web publishingdocument automation &legal expert systemsartificial intelligence
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June 8, 2018 Page 16 of 34
examples of low bono technology in action
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
2nd Annual Low Bono Conference Session 3 - Technology & Low Bono Services
June 8, 2018 Page 21 of 34
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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June 8, 2018 Page 22 of 34
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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June 8, 2018 Page 23 of 34
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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June 8, 2018 Page 24 of 34
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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June 8, 2018 Page 25 of 34
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
2nd Annual Low Bono Conference Session 3 - Technology & Low Bono Services
June 8, 2018 Page 26 of 34
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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June 8, 2018 Page 27 of 34
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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June 8, 2018 Page 28 of 34
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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June 8, 2018 Page 29 of 34
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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June 8, 2018 Page 30 of 34
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
2nd Annual Low Bono Conference Session 3 - Technology & Low Bono Services
June 8, 2018 Page 31 of 34
theoretical limits
1 attorney x 20 new clients/week x 52 weeks/year
= 1,040 individuals helped per year
humans
theoretical limits
1 attorney x 20 new clients/week x 52 weeks/year
= 1,040 individuals helped per year
humans
machines
1 web server x 692* new visitors/week x 52 weeks/year
2nd Annual Low Bono Conference Session 3 - Technology & Low Bono Services
June 8, 2018 Page 32 of 34
theoretical limits
1 attorney x 20 new clients/week x 52 weeks/year
= 1,040 individuals helped per year
humans
machines
1 web server x 692* new visitors/week x 52 weeks/year
= 35,984 individuals helped per 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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