Chicago Tribune - July 5, 2003
By Rachel Osterman
Randy Finney acknowledges that he was part of the problem. The family
lawyer from Seattle once charged $1,500 for even the simplest of divorce cases.
But two years ago, Finney launched completecase.com, an online company that
processes Web users' divorce information into state-specific forms. The
cost is $300. And it's been so popular that 20,000 people have used it.
Finney is one of a growing number of lawyers and paralegals setting up shop
on the Internet. Their Web sites offer hassle-free divorce filings for
couples who agree on the terms of their separations but don't want to pay
large legal fees.
The Web sites' success, however, has raised prickly questions in the legal
community, forcing lawyers into bitter debates over whether to regulate
them--and if so, how--and whether the sites improperly offer legal advice
across state lines.
With about 975,000 divorces filed in the United States each year, the
stakes are high. If the online services remain successful, they could drive
down the overall cost of divorces, and force more lawyers to charge by the
service, not the hour.
So far, the legal community has acted mostly in the name of consumer
protection, seeking to rein in the sites. And scattered legal battles are
brewing to shut down these services.
But advocates for the poor see these moves as attempts to protect lawyers'
monopoly on legal services at the expense of affordable access to justice.
"The preparation of uncontested divorce is one of the submarkets where
there is a lot of competition among lawyers," said Gillian Hadfield, a law
professor at the University of Southern California who specializes in legal
issues. "There's been concern that these Web sites are cutting into the
market of solo practitioners."
Paperwork through the Web
Divorce Web sites are essentially document-preparation services. Logging on
to sites with names such as divorcedirect.com and divorcewizards.com,
divorce seekers pay for local divorce forms and fill them out online. Some
sites have users answer questionnaires that behind-the-scenes paralegals
use to fill out documents.
On sites such as completecase.com, users can request definitions for
confusing terms or pay $50 to pose additional questions to a lawyer in
their state.
At the end of the process, consumers must file their papers at the
courthouse themselves, which in Illinois costs around $200. A judge then
gives final approval to the divorce.
The Web sites still offer only the simplest of divorce proceedings. When a
lot of wealth is involved, or in the event of custody disagreements, both
spouses still need lawyers to sort through the complex legal landscape. So
the online customers tend to be young and of moderate means.
In the pre-Internet era, consumers could buy self-help divorce books. But
what makes the online services distinct--and their impact larger--is that
they are simpler. And because of the interactivity between site operators
and users, they run into allegations of offering legal advice.
Non-lawyers are prohibited from offering such counsel, as are lawyers
working with clients from other states. Legal advice can run the gamut from
a lawyer instructing a client to pursue a particular strategy to, under
some definitions, merely explaining what a law means.
How to regulate still unclear
Operators of the Web sites say they are merely filling out forms, but when
completecase.com allows users to click on a button to learn the definition
of, say, community property, some contend that's equivalent to giving legal
advice.
"It's more complicated than giving a one-sentence definition of these
terms," said Sandra Morris, president of the American Academy of
Matrimonial Lawyers. "Even judges haven't been able to resolve what is
community property."
While similar Web sites exist for wills, mortgage closings and other common
legal processes, analysts say the divorce sites have captured the most
market share, partly because they have become easy to use and partly
because it can cost so much to hire lawyers. In general, the average lawyer
charges $180 an hour, according to the U.S. government.
Figuring out how to regulate the Web sites has proven tricky. Almost
everybody agrees that consumers need protection against misleading
services, but the bar associations have faced allegations of
anti-competitive impulses when they have waded into the debate.
Earlier this year, a task force of the American Bar Association suggested
that the practice of law be defined as "the application of legal principles
and judgement . . . of a person trained in the law."
But critics, including the Justice Department and the Federal Trade
Commission, said such a definition would restrict the legal services market
to just lawyers, keeping paralegals and online services out.
In other words, these critics said, the ABA recommendation would drive up
the cost of legal services.
The task force responded by withdrawing that recommendation, suggesting
instead that states develop their own definitions of the practice of law.
As a result, state bar associations are taking the lead in reacting to the
Internet sites.
Bar groups mobilize
The Illinois State Bar Association launched a television ad campaign
earlier this year to dissuade consumers from turning to the Web for their
legal services. "Software does have its limits," the voiceover warns. "When
it really counts, be sure. Work with a lawyer from the Illinois State Bar
Association."
The ad has been pulled until the organization finds additional funds for
airtime.
The Illinois group also has filed suit to shut down We the People, a
document preparation service. The state alleges that the company, run by
paralegals, illicitly provides legal advice.
In Arizona, the State Bar just passed certification guidelines for document
preparers who are not lawyers. By requiring document preparers to be
certified in the state, many believe it will become harder for out-of-state
Web sites to file paperwork for Arizona residents.
And in Texas, where the State Bar tried unsuccessfully in the late 1990s to
ban a do-it-yourself legal software program, the Bar just passed a new
ruling subjecting all lawyers' Web sites to advertising regulations. The
result, analysts say, will be more oversight of online legal services.
All of this, according to advocates for the poor, amounts to
anti-competitive behavior on the part of bar associations.
`Perceived economic threat'
"The Internet services are the latest perceived economic threat to be
targeted by the organized bar," said James C. Turner, executive director of
HALT Inc., a Washington-based organization that works to increase
accessibility to the civil justice system.
But lawyers say they are trying to strike a balance between protecting
consumers and making the legal system affordable.
"The context we view the Web sites in is the delivery of legal services,
that there needs to be new delivery mechanisms for legal services to
Americans of moderate means," said ABA president Alfred Carlton.
"The challenge is to deliver these services in a way that you satisfy the
protection of the consumer."
In Illinois, the State Bar says it's just acting to protect consumers.
"We're urging people to find a lawyer for their legal services instead of a
non-lawyer because we believe people deserve to have their legal rights
protected, and the do-it-yourself avenue just doesn't provide assurances at
all," said Dave Anderson, a spokesman for the Illinois State Bar Association.
Consumers see affordability
But for consumers, the Web sites are filling a much-needed market niche.
Lisa Curtis, a Long Island, N.Y., resident, said she first approached
lawyers when she was looking to divorce her husband.
"They said they the paperwork is $500 if the divorce is uncontested," she
recalled. "Then they kept on adding on money,"
A friend mentioned that Curtis could fill out her paperwork online. And so
she logged onto completecase.com and decided that was the best, more
affordable option.
"You just answer the questions," Curtis said. "It's an easy process. I just
set aside the money when I got my paycheck."
She was done in an hour.
Copyright 2003, Chicago Tribune
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