Vermont Bar Journal, Vol. 40, No. 2 Winter 2015, Vol. 40, No. 4 | Page 7

www.vtbar.org For those of us who make up the bar, the question is whether we will design the interface between lawyer and client or whether someone outside the profession will do it. There is nothing stopping us from doing this or developing our own innovation on the traditional attorney–client initial meet and greet. President’s Column go on Airbnb and list a room in their house (or their entire house) for rent to complete strangers. Think about that for a moment: simply because the transaction is facilitated by a computer program, people are letting other people come into their houses, sleep in their beds, and have free access to their stuff. Airbnb does not perform background checks, they do not offer security screenings, they just facilitate the transaction. They act as listing agent and fee collector. The same thing is true of Uber and Lyft that connect people who need rides or cars. This is essentially computerized hitchhiking. Why do we think that simply because the rider or driver has a smart phone and can operate the program that they are to be trusted? But we do. That is the amazing thing. These applications have exploded in the marketplace and have grown more and more popular. A friend who has an Airbnb rental told me that she makes more money on it than if she put it out for a longterm lease. She rents it as often as she wants. People love the idea of staying in a home, with all the comforts and amenities that suggests—usually at a lower rate than a hotel, inn, or bed and breakfast. Sharing apps, for many, are proving to be a field of dreams … if you build it, they will make reservations. With this growing trend, it is surprising that more legal entrepreneurs have not developed or solicited a legal app.6 Imagine a service where clients could put their issues up for bid and get matched with attorneys who could handle their need. Or imagine a service where for a low price, a client’s legal issues were reviewed, analyzed, and then offered to lawyers to bid. Such an app would act as the initial consultation. Lawyers would benefit from receiving clients (without advertising) and clients would benefit from reviewing a wider net of potential lawyers then they could find on their own and would be able to price out the bids. That is one concept. There are several variations and permutations that could be developed from this idea. The problem, apart from designing and marketing this type of app, is going to be how we make it fit within the regulatory framework that lawyers must follow. That is the tricky part. As much as the sharing revolution has taken hold in the public consciousness, it has pushed up against existing regulation. Airbnb has gotten into zoning and public health issues.7 Uber has run afoul of hackney license and labor laws (and their own boneheaded public relations actions).8 Amazon has shut down its associates programs in Vermont because of sales tax issues.9 None of these challenges are fatal, and in most cases either the program changes or the regulations do.10 The Paperless Office and the Software-Driven Practice For years, one of my former partners would rail against the amount of paper that we had to sort and shift in the office. At the time, we were a six-attorney firm, and the amount of paper from clients, opposing counsel, experts, and the courts that came in each day was staggering. But this was not what galled my partner. It was the fact that each page that came in was usually handled five or six times as part of its normal administration. First, the mail was open and sorted to each partner. Second, the partner read and reviewed the document. Third, the partner would return the document to send to the client for her review. Fourth, the document was returned from the administrative assistant to the partner who would take the appropriate action (responsive letter, filing, memo, etc.). Fifth, the document would go into an interim filing system. Sixth, the document would be filed in the client’s file. All of this shuffling would occur before a hearing or meeting as the normal life of a law office document. For my partner, it was incredibly inefficient. If the document was simply scanned and entered into an electronic client file, then the original could go straight to the client’s paper file and all the actions above could be done by e-mail. No paper chase, no back and forth, and most importantly, no panic when you get to court and the document is still in the interim filing back at the office. Given the ease of scanning, the inexpensive and wide availability of electronic storage, and the computer programs that make accessing electronic files simple and self-evident, this is simply a no-brainer. Law offices should be paperless or working to become that way. What this means, however, is rethinking how you practice law and organize the office. S