Shaun Jamison
Concord Law School

Assignment Nine
SOCIAL MEDIA AND LAWYERING
There are three parts to this week’s homework…
PART 1
Find three examples of a lawyer or law firm using social media effectively – that is – it provides a service or information that could lead to someone seeking out this lawyer or their firm as a client. These could be blog posts, twitter tweets, podcasts, Facebook pages, etc. If you can link them, put the link into the homework wiki with a short explanation of why you think they are effective use of social media.

Thomas Gallagher:
https://twitter.com/TomGallagherLaw
http://www.avvo.com/attorneys/55415-mn-thomas-gallagher-1651529.html
On task, consistent advocacy of criminal defendants. You have a clear idea of who Tom is. He is very active on AVVO and has a 10 of 10 rating.

Victoria L. Collier
https://twitter.com/ElderLawGeorgia
Does Elder Law Newspaper consistently on Twitter. Engaging, positive person building her credibility in the field.

Rex
https://twitter.com/Rex7
Has a bizillion friends. Interesting posts.

PART 2
Find three examples of a lawyer or law firm’s poor use of social media. If you can link them, put the link into the homework wiki with a short explanation of why you think they are effective use of social media. If you cannot link to them (or are uncomfortable doing so in a public forum), then explain the usage generically and why you think it is a poor use of social media.
1. Lawyer "asking for business." Tacky and risks being accused of solicitation.
2. Broadcasting only - effective if you have a huge base, but not nearly as great when you engage with people.
3. Seldom posts - Irregular and infrequent posting causes people to lose interest.
4. Me, me, me...

PART 3
Use some form of social media (blog, twitter, Facebook, etc, etc,) to make people aware of the archive of this (http://tdlp.classcaster.net) course or of a specific class in this course that people might want to watch OR avoid. Use the hashtag #tdlp (if appropriate) so that others in the class and myself can find your work. Optionally, but a link to your social media work in the homework wiki.
DONE

Assignment Eight
UNAUTHORIZED PRACTICE OF LAW IN THE 21ST CENTURY
  1. Find the definition for unauthorized practice of law for your jurisdiction and at least one other state.UPL Minnesota MN STAT 481.02 https://www.revisor.mn.gov/bin/getpub.php?pubtype=STAT_CHAP_SEC&year=current&section=481.02 Wisconsin UPL Rule:
    http://wicourts.gov/supreme/docs/0709upldraft.pdf
  2. Put links to these into your homework wiki page.
  3. Find three news articles or blog posts on the web describing actual cases of unauthorized practice of law (and read them). Put links into the homework wiki. Look especially for situations where the unauthorized practice of law involved an online activity like a website, social network or email.
New Nationwide Divorce and Child Custody Program for Men Beats Mississippi Bar Complaint (3/31/12)
http://www.prweb.com/releases/2012/3/prweb9304248.htm
"Georgia attorney Ed Gadrix’s new and controversial audio program, “Winning Strategies for Men in Divorce and Custody Case” (http://www.gadrix.com) has survived an investigation by the State Bar of Mississippi. Gadrix developed his audio CDs and written material targeted towards men going through divorce who want to save their assets and gain custody of their children. The course shows steps a man should take to win his case, some before he gets an attorney. The program is marketed nationwide."

LegalZoom settles UPL suite:
http://blogs.wsj.com/law/2011/08/23/seller-of-online-legal-forms-settles-unauthorized-practiced-of-law-suit/


Software = Authorized Practice of Law
http://mntech.typepad.com/msba/2007/03/software_unauth.html

Assignment Seven

ONLINE LEGAL FORMS IN LEGAL AID


1) Write an analysis describing your impressions of how well the A2J interface works (or doesn’t) and how well it will work if it gets scaled up to larger and more complicated legal documents and situations. I enjoyed the interface. I thought it was very friendly and easy to use. I think it could save many phone calls to attorneys where clients could get their own answers where black and white laws apply. The more complicated the situation, the higher the cost to design the program. Also, you would need to have a budgeted commitment to keep the process constantly updated and improved. Cost benefit will have to be more carefully examined for lower volume, more complex matters.
2) More and more people are accessing the web via smartphones. How should A2J look or act different if it is going to run on the smaller screen of a smartphone? Are there any killer features that it should have? Are there any features, that if missing, would prevent people from using A2J as a smartphone app?
Scale back the graphics both to improve speed and so the print is big enough for middle aged and older patrons. Ability to select between languages. Be redirected to additional resources if the wrong interview is selected. Email results of interview to interviewee.

Assignment Six
CONTRACT STANDARDIZATION
  1. Find (at least) two EULAs from any website that has user contributed content (i.e. social networking sites, comments, upload pictures, etc.)
  2. Find the clause(s) that talk about ownership/license/rights of the user-submitted content.
    • a.http://www.beginnertriathlete.com
    • Any messages or information you post to the site becomes the sole property of the site operator and may or may not be displayed, at the sole discretion of the site operator. [Guess I won't open a blog on this site...]
    • b. http://www.linkedin.com

    • License and warranty for your submissions to LinkedIn.
    • You own the information you provide LinkedIn under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Additionally, you grant LinkedIn a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to LinkedIn, including, but not limited to, any user generated content, ideas, concepts, techniques or data to the services, you submit to LinkedIn, without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss as noted in Sections 2 and 3 of this Agreement.
    • By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your LinkedIn profile information accurate and updated.

  1. Copy the clauses (NOT the entire EULA) into the homework wiki and answer the following questions. See #2.
  2. Are there similar components between the two (or more) clauses? They both address ownership. How are they the same? Both give the site rights to the material. How are they different? The beginner triathlete clause is unnecessarily overreaching. The Linkedin clause appears to give Linkedin enough access to your posts to operate as a social network. Beginner Triathlete wants to own your posts. Linkedin wants a license to use them.
  3. Write a standard clause that uses the similar elements from the EULAs you analyzed. For areas that are dis-similar, include both options in parentheses.
You own the information you post on our site and retain the right to remove it from public display on your profile. In exchange for using our site, you grant us a perpetual non-exclusive free license to use anything you post for any purpose. You agree that you will not post materials that you do not have unconditional right to post publicly.

Assignment Five
Find the web page for the primary legal sources in your state/jurisdiction for cases, statutes and regulations. List them in your homework wiki page AND **here** (this is a single page where all states links can be found). If your state has already been linked, find the links for another state and contribute in that way.
Minnesota
Cases
http://www.mncourts.gov/?page=3547

Statutes
https://www.revisor.mn.gov/pubs/

Regulations
https://www.revisor.mn.gov/rules/

Assignment Four

UNBUNDLING LEGAL SERVICES / LIMITED SCOPE REPRESENTATION


1. Define two (2) discrete tasks that could be “unbundled” from different areas of law practice.
a. Coaching clients for fact-based hearings
b. Case evaluation.
2. Define a task that lends itself to being converted into a “digital application?” such as a website, smart phone app or downloadable program.
a. Initial client interview.
b. Fact gathering from client
c. application of well-defined statutes
3. List some of the risks (at least three) involved in “unbundling legal services?”
a. Client understanding of scope of representation (paying for ham & cheese sandwich, expecting filet mignon with trimmings.
b. Time to explain and document explanation of limited scope eats up profits.
c. Client doesn't follow through with "their" part of the representation.
d. Matter, after further investigation is not appropriate for "unbundling."
e. Will professional responsibility board honor the unbundling or will the obligations of full representation be imposed regardless?
4. Think of a “digital application” that could automate a legal task, AND bundled with legal advice to be sold for a fixed fee? (re-bundling concept). Describe it in your homework.
A will "packet" of basic documents could be generated with client input and forwarded to the attorney for review. Rather than prepackaged forms from another source, this application would use the attorney's own forms and language they prefer so the review and advice would be simpler because the attorney wouldn't waste time guessing what another drafter was trying to accomplish. The inputs would flag issues that came up in the online interview and the attorney would have standard prompts to advise on, again, based on their experience plus standard issues the publisher would include.

COMMUNITY SERVICE / EXTRA CREDIT Done 3/2 on Minnesota.


Assignment Three
Visit the three court websites – (1) county court, (2) highest state court (e.g. state supreme court) and (3) federal district court in your jurisdiction (or pick a jurisdiction) and find anything you can about their support for e-filing. Also look to see if the court websites provide an online docket/calendar or if they provide forms that can be used online or downloaded and printed.
Answer the following questions in your homework wiki…
(1) Hennepin county court
1. Does the court support efiling? Yes:
http://www.mncourts.gov/district/4/?page=3953
2. Does the court support efiling for self-representing litigants? No
3. Does the court website have an online docket or calendar? Yes:
http://www.mncourts.gov/district/4/?page=141
4. Does the court website have any forms that can be used online or downloaded? Yes:
http://www.mncourts.gov/district/4/?page=1824
(2) highest state court Minnesota Supreme Court

1. Does the court support efiling? No, but it is coordinating the efiling pilot project for the state courts.

3. Does the court website have an online docket or calendar? Yes:
http://www.mncourts.gov/?page=4452

4. Does the court website have any forms that can be used online or downloaded? Yes
http://www.mncourts.gov/?page=513
(3) Minnesota federal district court
1. Does the court support efiling? Yes, since 2004!
http://www.mnd.uscourts.gov/cmecf/general_information.shtml
2. Does the court support efiling for self-representing litigants? Yes, but not prisoners. The court clerks will scan their submissions into the system.
3. Does the court website have an online docket or calendar? Yes
http://www.mnd.uscourts.gov/CourtCalendars.shtml
4. Does the court website have any forms that can be used online or downloaded? Yes:
http://www.mnd.uscourts.gov/FORMS/court_forms.shtml


Assignment Two
  1. FIVE benefits/advantages to Document Automation.

  • Speed of data entry.
  • Elimination of accidentally carrying unique and irrelevant clauses forward from the last transaction (avoid the "save as" malpractice trap.
  • Easier to utilize support staff for data entry, thus reducing client costs.
  • Standardization of documents throughout practice.
  • Interview helps avoid human error

  1. FIVE pitfalls/problems/barriers to Document Automation.
  • Standardization could commoditize lawyer services.
  • Standardization could make lawyers and non-lawyers lazy and uncreative thus not anticipating the client's full current and future needs.
  • Focus is potentially on the "form" instead of advice.
  • Errors repeated perpetually.
  • Automated documents can be frustrating to work with.

Visit Two Sites and Give Impressions:


I visited the
http://www.goodwinfoundersworkbench.com/ website to evaluate its usefulness. It was very easy to use and it did not take long at all to create a complete packet of documents for a start up corporation. They were produced in MS Word, so they would be easy to customize. I liked that the documents were appropriately named so they were easy to identify and a zip file was available.


I also reviewed
http://www.wsgr.com/wsgr/display.aspx?sectionname=practice/termsheet.htm This site had a guided process of creating a term sheet for an intitial stock offering. It was easy to use and even warned me when I was doing something "unusual."
The document it generated did not have a useful name, but because there is only one document generated, it was not a big inconvience.

Assignment One

Q: Five good things about running a virtual law practice. What are the advantages over an entirely office-bound practice. What are the efficiencies gained, money made or saved, etc.
A: 1. Accessible to clients with physical disability.
2. Saving on transportation costs.
3. Encourages proceduralizing law office practices.
4. Flexible for clients/attorneys with family or other commitments.
5. Documents lawyer/client relationship.

Q: Five things that could go wrong running a virtual law practice. What are the mistakes you can make, problems you could encounter, issues raised, etc.
A: 1. Security/Privacy concerns.
2. Weaker trust/personal relationship between client and attorney.
3. More challenging to involve multiple persons in the client's representation (adult children, social worker, etc).
4. Clients may not see the value of a lawyer. Risk of commoditization.
5. Greater chance of fraud.
6. Lower prestige for client.

Q: Three definitions for “Virtual Law Practice”, “Digital Law Practice” and/or “eLawyering”.

1. eLawyering
— The term means the practice of law online and includes everything from form-generated documents for sale and purchase to emailing your clients from unencrypted “contact us” forms on attorney websites. The ABA has an
eLawyering Taskforce

that covers these issues. Virtual law practice is one form of elawyering.
http://virtuallawpractice.org/2008/07/elawyering-vs-virtual-law-practice-a-primer-on-terminology/
2. VLO (From California's proposed ethics opinion):
The VLO, also variously known as Digital Law, Online Law, eLawyering and Lawfirm 2.0, may take many

different forms. For the purposes of this opinion, “VLO” shall refer to the delivery of, and payment for,

legal services exclusively, or nearly exclusively, through the law firm’s portal on a website, where all of the processing,

communication, software utilization, and computing will be internet-based.
http://www.calbar.ca.gov/Portals/0/documents/publicComment/2012/2012_PublicComment_COPRAC-Opinion-Int-10-0003-VLO.pdf
3. VLO (by Joe Kashi 2004) Let’s start with this question: what is a “virtual law firm?” I believe that it is a law firm that:
  1. Has a stable core group of attorneys;
  2. Has established collaborative relationships with other, specialized law firms that possess expertise that’s occasionally needed;
  3. Is glued together with appropriate computer and telecommunications technology; and,
  4. Expands and reduces personnel as needed.http://apps.americanbar.org/lpm/lpt/articles/ftr01042.html