ONLINE LEGAL SERVICES…. WHAT LIES BEYOND THE COMPUTER SCREEN By Mark Nazarof

And the times, they are a’changin’ Technology has changed how the world conducts itself on a day-to-day basis. Technology has changed how the world conducts itself on a day-to-day basis. During the last ten years, the legal world has been affected by the increasing trend of using the internet to pursue various legal objectives, which have historically been conducted through face-to-face interaction between attorneys and their clients. During the last ten years, the legal world has been affected by the increasing trend of using the internet to pursue various legal objectives, which have historically been conducted through face-to-face interaction between attorneys and their clients.

Online Legal Services…. What are they thinking? It is widely accepted that the usage of the internet plays a role in expediting the sometimes laborious and drawn out processes of various legal endeavors. It is widely accepted that the usage of the internet plays a role in expediting the sometimes laborious and drawn out processes of various legal endeavors. Both time and money spent on attorneys fees are greatly reduced when online legal services are utilized. Both time and money spent on attorneys fees are greatly reduced when online legal services are utilized.

What kinds of online services are out there? Online legal services can be placed in two different categories: digital delivery services and legal web advisors. Online legal services can be placed in two different categories: digital delivery services and legal web advisors. Digital delivery services deliver human legal product by digital means: the simplest example is the use of to distribute legal documents. Digital delivery services deliver human legal product by digital means: the simplest example is the use of to distribute legal documents. Legal web advisors, on the other hand, offer interactive legal advice delivered via Extranet using artificial intelligence. Legal web advisors, on the other hand, offer interactive legal advice delivered via Extranet using artificial intelligence.

So What’s the Beef? Quite simply, the legal services being provided on the internet today do not always provide the necessary assurances to customers of their adequacy. Quite simply, the legal services being provided on the internet today do not always provide the necessary assurances to customers of their adequacy. While inexpensive and easily accessible, receiving online legal services does not come without its drawbacks. While inexpensive and easily accessible, receiving online legal services does not come without its drawbacks.

I don’t have all the answers… But I do have some questions! But I do have some questions!

Questions that MUST, and have yet to be answered…

What is the definition of “the practice of law?” Legal ethics regulators and experts have struggled to define “the practice of law” as it relates to practice in cyberspace. Legal ethics regulators and experts have struggled to define “the practice of law” as it relates to practice in cyberspace. Does providing computer programs which create legal documents or offer legal forms for downloading constitute the practice of law? Does providing computer programs which create legal documents or offer legal forms for downloading constitute the practice of law? Does offering legal advice on-line, although general in nature, constitute the practice of law? Does offering legal advice on-line, although general in nature, constitute the practice of law? “The practice of law” has yet to be concretely defined and not until it is so defined can we better regulate online legal services. “The practice of law” has yet to be concretely defined and not until it is so defined can we better regulate online legal services.

Legal Advice by Non- Attorneys & Unethical Solicitation Does legal advice offered by non-attorneys on-line constitute legal advice? Does legal advice offered by non-attorneys on-line constitute legal advice? Many of these services are provided by non-lawyers or by lawyers acting outside of their professional context, and thus, are frequently beyond the reach of legal disciplinary authorities and outside the realm of unauthorized practice of law. Many of these services are provided by non-lawyers or by lawyers acting outside of their professional context, and thus, are frequently beyond the reach of legal disciplinary authorities and outside the realm of unauthorized practice of law. Many sites contain little or no information pertaining to ownership of the entity or service provider, training, licensing, methods for selection of lawyers, and monitoring performance Many sites contain little or no information pertaining to ownership of the entity or service provider, training, licensing, methods for selection of lawyers, and monitoring performance What constitutes unethical solicitation and what kinds of regulations are appropriate for advertising on the internet? What constitutes unethical solicitation and what kinds of regulations are appropriate for advertising on the internet? State standards vary in terms of what is and is not appropriate advertising. State standards vary in terms of what is and is not appropriate advertising. If website solicitations can be viewed anywhere, how do we account for those advertisements that don’t comply with specific state advertising standards? If website solicitations can be viewed anywhere, how do we account for those advertisements that don’t comply with specific state advertising standards?

The Attorney/Client Relationship… It’s more work than you’d think!

What constitutes an attorney/client relationship, and when is it formed? Can it be formed on an electronic bulletin board or chat room? Can it be formed on an electronic bulletin board or chat room? Are the duties to the client the same for an on-line relationship? Are the duties to the client the same for an on-line relationship? i.e., Duties of competence, confidentiality, fiduciary duties, liability for malpractice? i.e., Duties of competence, confidentiality, fiduciary duties, liability for malpractice? A significant number of sites contain extensive disclaimers of liability. A significant number of sites contain extensive disclaimers of liability. *Can attorneys disclaim liability? Not according the rules of professional responsibility. *Can attorneys disclaim liability? Not according the rules of professional responsibility. A majority of sites have no method of redress for dissatisfied customers. A majority of sites have no method of redress for dissatisfied customers. At the moment, users of Online services have little ability to determine the reliability of any of these services, aside from their “reputations.” At the moment, users of Online services have little ability to determine the reliability of any of these services, aside from their “reputations.”

Out of sight, out of mind???

Effectiveness of On-Line Mediation- Does “physical” distance create “psychological” distance? Does “physical” distance create “psychological” distance? Mediation is often recommended and encouraged where parties have had an ongoing relationship and the mediator can draw on the parties’ prior and continuing experience. Mediation is often recommended and encouraged where parties have had an ongoing relationship and the mediator can draw on the parties’ prior and continuing experience. The effectiveness of on-line mediation has been greatly questioned. The effectiveness of on-line mediation has been greatly questioned. The on-line medium creates a challenge for mediation: The on-line medium creates a challenge for mediation: 1. Interpersonal communication is crucial for mediation. 2. In ODR, online written communications often lose the tone of the participants. 3. One is not able to judge the flexibility of the parties, and whether a party’s feelings are strong or weak on an issue. 4. There are no visual cues to guide the mediator.

Who Should Regulate ODR? Who is regulated by whom? Should standards and regulations be established by private initiatives or by governmental entities? Should standards and regulations be established by private initiatives or by governmental entities? Perhaps industry wide self-regulation is a realistic first-step. Perhaps industry wide self-regulation is a realistic first-step. The multi-state character of ODR suggests that perhaps national entities such as the ABA should establish standards. The multi-state character of ODR suggests that perhaps national entities such as the ABA should establish standards. FTC has indicated that it will investigate deceptive practices occurring in connection with on-line services. FTC has indicated that it will investigate deceptive practices occurring in connection with on-line services. The FTC could also establish basic standards for this area as it has done for forms of sales and solicitation. The FTC could also establish basic standards for this area as it has done for forms of sales and solicitation. What what about actions crossing national borders? What what about actions crossing national borders?

Jurisdiction & Choice of Law In what jurisdiction do online legal services, such as ODR, take place? In what jurisdiction do online legal services, such as ODR, take place? Difficulties in jurisdiction and choice of law present in any form of transnational dispute resolution, are exaggerated by the ease in which multiple borders are crossed, often even without the knowledge of the participants. Difficulties in jurisdiction and choice of law present in any form of transnational dispute resolution, are exaggerated by the ease in which multiple borders are crossed, often even without the knowledge of the participants. A large number of these sites have no geographical limitations, but, like cyberspace itself, appear to be borderless. A large number of these sites have no geographical limitations, but, like cyberspace itself, appear to be borderless. What laws apply for online disputes where jurisdiction is seemingly indefinite? What laws apply for online disputes where jurisdiction is seemingly indefinite? The legal community has avoided concrete answers to the conflicts of law created by jurisdictional limits, as reflected in refusals to establish adequate rules to govern this problem. The legal community has avoided concrete answers to the conflicts of law created by jurisdictional limits, as reflected in refusals to establish adequate rules to govern this problem.

In conclusion… There are benefits to pursuing legal endeavors online. There are benefits to pursuing legal endeavors online. Yet major questions as to the reliability of these services still exist. Yet major questions as to the reliability of these services still exist. Don’t get me wrong, I like where the legal world is going. Don’t get me wrong, I like where the legal world is going. We just need to limit the bumps along the way… We just need to limit the bumps along the way…

Fin