Virtual practice is getting a lot of buzz lately as a result of the publication of Virtual Law Practice: How to Deliver Legal Services Online by Stephanie Kimbro. This is the time to think about the future as many of us take advantage of the buyer’s/tenant’s real estate market we’re in and sign on to long-term lease extensions and commercial building purchases.
Can family law be practiced virtually? Can you do it all online? Will we need all that space down the road?
Much of family law is already handled virtually.
Typically, family law cases are handled mostly over the phone.
The average case doesn’t involve much litigation. It’s mostly about negotiating a deal.
Typical case:
Prospective client comes in for an initial consultation (in person, but could be on phone/Skype).
Sometimes client comes back later to retain. Many times this is handled by phone.
Some cases move toward a collaborative practice model (which would be tough, but not impossible, to do virtually).
Information is gathered from client by phone, e-mail, and (sadly) fax.
Contact is made with opposing party/counsel by phone.
More information is gathered by phone/e-mail.
Agreement is drafted.
Agreement is reviewed with client (usually by phone and/or screen-sharing software).
Agreement is negotiated with opposing counsel by phone and e-mail.
Many times an agreement is reached, and clients come into the office to execute documents.
In other cases, we reach an impasse and bring in a mediator or hold a settlement conference.
When that doesn’t work, we file a lawsuit and proceed to court. Most of our litigation is handled by phone/e-mail/fax. Court preparation, witness interviewing, etc. is largely handled by phone. Court appearances, of course, need to be handled in person (for the moment, anyway).
Every step, even a mediation/settlement conference, could be handled by phone/Skype. However, I don’t think we’d be fully using a good mediator’s talents by phone.
The bottom line: the vast majority of what we currently do with the typical client is done by phone, e-mail, and Skype videoconference. There are, however, some elements of the practice that are very difficult, if not impossible, to handle remotely.
We could eliminate the work that’s done in person and limit our practices to cases handled entirely remotely. In effect, that’s what document drafting services like LegalZoom have done. I don’t think that’s where most of us want to go.
Ultimately, I think family law is already a fairly virtual practice; we just do it in offices rather than elsewhere. If you seek to minimize time in the office (and there are lots of good reasons to do that: e.g., access to family, transportation time, and cost savings, etc.), it can easily be accomplished.
Do you still need an office? Probably so, but it won’t be the traditional office we’re used to. It needs to be an office suited for the limited uses I’ve mentioned (initial consultations, settlement conferences, mediations, etc.). It’s more of a conference room center than a traditional office. Maybe that’s the model we’ll all evolve to over time. Think all of this through as you consider your real estate options. Now is the time to focus on the future.
