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| Date post: | 15-Apr-2017 |
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Technology |
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OVERVIEW
Intro
Modern Web Tech
Legal Tech
Value of Legal Tech
Implementing Legal Tech
Becoming a Tech-Savvy Lawyer
Ethics and Other Considerations
Nehal MadhaniFounder & CEOAlt Legal@nehalm
Nehal Madhani is the founder and CEO of Alt Legal, whose software makes it easy for law firms to create and manage IP filings. Before starting Alt Legal, Nehal practiced as an attorney at Kirkland & Ellis, LLP. He is a self-taught Python/Django programmer and a CodeX fellow at Stanford Law School.
Nehal has a J.D. from the University of Pennsylvania Law School, a Certificate in Business and Public Policy from the Wharton School of Business, and a B.A. from Northwestern University.
Nehal MadhaniCEO of Alt Legal
@nehalm
LEGAL TECH: THEN & NOW
1867 1986 1993
Source: www.lawsitesblog.com
TRADITIONAL LEGAL PRACTICE
MODERN LAW PRACTICE
Legal tech can make practicing law easier.
MODERN WEB TECH
HOW DO MODERN WEBSITES AND MOBILE APPS WORK?
Request data
Receive data
WHAT IS CLOUD-BASED SOFTWARE?
Cloud-based software is delivered over the internet.
• Online access
• Data stored in the cloud
• Ongoing vendor relationship (“SaaS”)
• Easy set-up
• Greater mobility
• Minimal maintenance costs
Source: zapier.com
WHAT ARE APPLICATION PROGRAM INTERFACES (APIs)?
• Your organization’s data may be in many platforms – emails, accounting software, practice management software, and more.
• This results in multiple products to manage, which can be time-consuming and overwhelming.
• APIs can create an automated workflow to make managing information in multiple tools easier.
WHY ARE APIs VALUABLE?
UNDERSTANDING ZAPIER
• Zapier is an online service that transfers information from one web application to another.
• You can easily automate tedious tasks and let Zapier do it for you.
• Zapier utilizes IF/THEN statements: [TRIGGER] à [ACTION].
USING IF/THEN STATEMENTS TO CREATE ZAPIER “WORKFLOWS”
If Gmail tags a new emails with a label called DMCA Notice, Zapier (1) automatically adds a new matter, (2) creates a new task, and (3) a new calendar entry.
GOVERNMENT APIs
LEGAL TECH
LEGAL TECH TRENDS
• 85% of firms surveyed maintained or increased their technology budgets.
• 62% of lawyers cited the versatility/mobility of cloud solutions as the most compelling reason to embrace the cloud.
• The percentage of lawyers who used cloud-based software has doubledbetween 2011 and 2015.
Sources: insidelegal.typepad.com www.americanbar.org
PRACTICE MANAGEMENT SOFTWARE
BILLING SOFTWARE
LEGAL MARKETPLACES
DOCUMENT ASSEMBLY
LEGAL RESEARCH
SPECIALIZED SOFTWARE
VALUE OF LEGAL TECH
Oliver Platz, Esq.Boutique law practice
“The challenges of a small firm are probably the same for everybody. Whether you’re a lawyer or you have a flower shop or you run a consulting agency – you have to do everything.”
TECH CAN DRIVE EFFICIENCY AND DIFFERENTIATION
• 73% of lawyers believe that technology will be a key factor in determining firms’ success.
• 86% of lawyers say they prioritize efficiency in their practices.
• 86% of law firms note that technology tools and solutions help them be more efficient.
Sources: connect.iltanet.orgwww.legaltechnology.com
SELLING MARGINS, NOT HOURS
• Jordan charges $300/hour for trademark filings
• Jordan can complete a TM application in an hour
• Effective rate: $300/hour
• Jaime charges $500 per trademark filing
• Jaime can completes a TM application in under an hour
• Effective rate: $500+/hour
BETTER CLIENT EXPERIENCE AND TRANSPARENCY
REDUCING RISKS
• Automation minimizes errors in data management.
• In some cases, software is required or can lower malpractice insurance costs.
IMPLEMENTING LEGAL TECH
LEGAL TRANSACTION PROCESSES
Initial inquiry Assess legal needs
Collect specific
information
Review client intake
Follow up with client
Complete legal
transaction
TYPES OF TASKS
• Substantive: Require interpretation and critical thinking
• Repetitive: Are repetitive in nature and ripe for automation
• Administrative: Require minimal interpretation cannot be entirely automated
LEGAL TRANSACTION PROCESSES
Initial inquiry Assess legal needs
Collect specific
information
Review client intake
Follow up with client
Complete legal
transaction
BECOMING A MORE TECH-SAVVY LAWYER
PRACTICE-SPECIFIC COMMUNITIES
GENERAL LEGAL COMMUNITIES
ONLINE LEGAL COMMUNITIES
BLOGS
ETHICS AND OTHER CONSIDERATIONS
ABA MODEL RULE 1.1
Competence: “A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation.”
ABA MODEL RULE 1.1, COMMENT [8]
Maintaining Competence: “To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology, engage in continuing study and education and comply with all continuing legal education requirements to which the lawyer is subject.”
23 STATES HAVE ADOPTED ETHICAL DUTY OF TECHNOLOGY COMPETENCE
OTHER KEY ETHICAL ISSUES TO CONSIDER
• Duty of confidentiality (Model Rule 1.6): Are you acting competently to safeguard client information against inadvertent or unauthorized disclosure?
• Safeguarding property (Model Rules 1.15 and 1.16): What are the right safeguards to have in place when you’re storing your clients’ confidential information on the cloud?
• Responsibilities regarding nonlawyer assistants (Model Rule 5.3): How should you apply these responsibilities to your technology providers?
KEY CONSIDERATIONS IN VENDOR SELECTION
• Security: Is your data stored security? Who has access to your data?
• Server and data location: How and where is your data stored?
• Data accessibility and exportability: What safeguards are there to preserve your data and how can you get it out?
• Data destruction: How is data removed?
• Financial stability: Is the vendor financially stable?
• Terms and transparency: What are the ToS? Does the vendor have access to your data?
• Vendor credibility: Who is behind the company?
• Customer support: How hard is it to get a hold of them?
• Subpoenas: How do they handle subpoenas? Do they notify you?
