Contents

ASPs—A Primer

Digital Delivery of Legal Services

ASPs: Let Them Slither into Your Law Office

To ASP or not to ASP, That is the Question

Legal Research Database Providers Move to an ASP Model

General ASP Resources

UCITA Update: Self-Help Provision Amended

SCOTIS Members

LTRC Staff

We hope you find this newsletter informative and useful.We appreciate any feedback; contact the Legal Technology Resource Center at ltrc@abanet.org or (312)988-5465.

ASPs: A Primer
The simplest definition for an ASP (Application Service Provider) is a company that offers access to computer based applications and related products via the Internet. These applications and products include office software, such as word processing and spreadsheets; industry specific software, such as accounting and billing; and even servers such as SQL and Exchange.

There have been comparisons made between the “thin client” model, extranets, and ASPs. Thin client is conceptually similar to ASPs in that an application is hosted on an application server and the user accesses the software from a stripped down client computer. In the thin client model the burden of purchasing, updating, and supporting the application resides with the owner of the software. An extranet is also similar to an ASP in that, via the Internet, authenticated users may have access to a network which may include applications. However, the authenticated user may not have full access to that network, nor will the user have a voice in upgrades, system security, or technical support issues. An ASP allows the end user to have full control of the quality and quantity of the applications. Both parties agree to terms and are responsible for upholding their end of the agreement.

ASPs may provide several benefits to the user. As the industry grows, more and more applications will be available on the market; some of these would not have been feasible for users to purchase for the long term, but they can be accessed on a short-term or at-will agreement. The burden of purchasing, networking, licensing, and supporting applications will no longer be left in the hands of the user. The total cost of software, including hardware, IT/IS staff’s labor and time, configuration, can be reduced. Software upgrades, re-installation, and patches will no longer be the responsibility of the user. Hardware for storage, back-up, and compression can be eliminated. Users can access applications from any place they have Internet access without having to go through a company Intranet or Extranet.

The following articles will discuss the pertinence of ASPs to the legal profession. Issues such as ethical and professional liability, security concerns, contribution to the potential of e-lawyering, legal research strides, and legal specific software are outlined. For more information and further study on ASPs please see General ASP Resources.
[Top]

Digital Delivery of Legal Services
A symposium on e-lawyering was convened this spring as part of an ABA Presidential initiative on the use of technology to serve society. The symposium brought together lawyers, academics, technology experts, and companies for a discussion on how the profession, and the Association, can use technology to deliver legal services. A number of the technology companies have already entered this area and others will certainly recognize the potential of the Internet as the delivery medium for legal information and services.

The delivery of legal services will most likely be through Application Service Providers (ASP). ASPs take one or more applications and deliver these applications to anyone who desires access. One possible ASP model might involve lawyers partnering with a document assembly ASP to provide interactive forms, with the lawyer providing the professional content and the ASP providing the medium in which it is accessed. The ASP could offer the same forms generation product to multiple lawyers, and then the client benefits because there is still a choice of products, all by competent legal professionals. The fact that the forms are “unbundled” from the other services the lawyer might provide allows the attorney to set pricing at a level that attracts clients who might otherwise not have used that lawyer’s, or any lawyer’s, services.

This model can work because of the increasing ubiquity not only of Web access in homes, libraries, and other public buildings, but also of fast, “broadband” Web connections. The high speed of the client’s connection allows ASPs to clear a hurdle that has existed in delivering complex interfaces and applications across the Internet.

Large law firms have been embracing extranet technology to better serve their own clients, acting in the role of an ASP. An extranet provides a secure, Web-based interface for clients to check case status, review documents, query knowledge databases, and interact with attorneys. As these extranets become more common, the tools large law firms create will be more and more suitable for delivery of legal services to clients who might not otherwise have contacted the firm.

A likely future may occur at the confluence of the two, dubbed Extranet Service Providers (ESP). One of the primary drawbacks to the ASP is that, generally, the applications it offers are not necessarily integrated with services being offered by another ASP. ESPs will take the ASP model a step further, maintaining the outsourced nature and security, while integrating a wider variety of disparate services and applications. ESPs can partner with legal services providers to enhance distribution of the legal services via the Internet.

The legal profession can benefit from the added value that these providers offer in the economy and integration of systems. The lawyer can leverage this value to unbundle her professional services and provide clients with the information and tools they need. This should allow lawyers to provide different levels of professional services tailored to the needs and finances of their clients.

Lawyers Serving Society Through Technology: http://www.abanet.org/elawyering/
David Whelan
[Top]

ASPs: Let Them Slither into Your Law Office
Asps. Very dangerous. You go first.—Sallah, Raiders of the Lost Ark, 1981
The attitude of many attorneys and law firms toward application service providers (ASPs) seems to be summed up by Sallah's reaction to the mounds of snakes within the Well of Souls in the movie Raiders of the Lost Ark. They want someone else to try it first and tend to focus more on the dangers than the benefits.

Once a firm has decided to take the plunge, an ASP can be found for almost any type of software application used in a law office. ASPs exist for time & billing, litigation support, office suites, case management, and much more. Applications from ASPs are generally accessed through the Internet with a Web browser, paid for on a per use basis or with a monthly fee, and are maintained and serviced by staff at the ASP, not your staff or consultant.

Applications from an ASP may be based on entirely new software or extensions of pre-existing software. The new applications often take advantage of the ASP delivery model to include a high level of collaboration. Existing software often adds ASP functionality to allow more convenient use of the software from any location, but sometimes the entire set of functions are not available online. For example, a new time and billing ASP may allow for electronic invoicing of corporate clients and immediate acceptance or rejection of invoice items by the client, while an existing time and billing application may add the ability to subscribe to an ASP to record time online for a firm's pre-existing database of clients.

Some ASPs provide software you currently use. Additionally, many ASPs integrate with software you may already own. Examples can include: Web-based calendars that can synchronize with MS Outlook or Palm Pilot Desktop; time and billing services that can export to QuickBooksPro; and time and billing services that allow importation of client databases as comma-delimited text files. A number of ASPs even combine multiple office functions within one application or service.

The following list is not comprehensive. Please refer to General ASP Resources for more ASP information and vendor sources.

Case and Matter Management
Many ASPs with case management functionality are part of larger assortments of program abilities, especially litigation support. Some time and billing ASPs include project management functions that could be used for case management.
ASPs with Case Management functionality:
1stlegal: http://www.1stlegal.com
CaseBook from Ringtail Solutions: http://www.ringtail.com.au
JurisDictionUSA: http://www.jdusa.com
ProLaw Portal: http://www.prolaw.com/prolawportal.html
ASPs with Matter Management functionality:
eCounsel: http://www.bridge-way.com/products/ecounsel/overview.html
Serengeti: http://www.serengetius.com

Time & Billing
Time and billing ASPs tend to be directed at professionals in general rather than just attorneys. However, all the necessary elements for attorneys are present. Many allow electronic delivery of invoices or services that, for an extra fee, will mail physical invoices for you. These may also have links to payroll providers to pay your staff people based on the time sheets they enter.
Time & Billing ASPs for attorneys:
eCenter from Timeslips: http://www.timeslipsecenter.com
JurisDictionUSA: http://www.jdusa.com
Timesolv from Elite: http://www.elite.com/services/timesolv/abouttimesolv.jsp
Time & Billing ASPs for professionals:
CarpeDiem Electronic Time Sheet Web Module: http://www.timetracking.com/products/cd/features.asp
CLOKUS from VigieSoft: http://www.vigiesoft.com
OpenAir (formerly TimeBills): http://www.openair.com
RedGorilla: http://www.redgorilla.com
TimeLedger from AttilaWeb: http://www.timeledger.com
TimeSheetsPlus from Alchemy: http://www.timesheetsplus.com
webShadow: http://www.webshadow.com

Document Management
Most ASPs with document management abilities are intended for litigation support, but some could be used for general document management. If simple document management and collaboration is all that's needed, consider a collaboration focused ASP.
Document Management ASPs:
CommonSource: http://www.commonsource.com
CyberDOCS from Hummingbird: http://www.hummingbird.com/products/dkm/legal/index.html
DocDepo.com/eB from Altris: http://www.altris.com/docdepo.html
firm@vantage from DocMan Technologies: http://www.docmantech.com
JurisDictionUSA: http://www.jdusa.com
Niku for Legal: http://www.niku.com/legal/index.html
Document Management ASPs with Litigation Support:
1stlegal: http://www.1stlegal.com
casecentral.com: http://www.casecentral.com/Home.html
DiscoveryPartnerOnline.com: http://www.discoverypartneronline.com
Judicata.com from Trion: http://www.trion.com
Collaboration ASPs with Document Management:
HotOffice: http://www.hotoffice.com
LiveOffice: http://www.liveoffice.com

Litigation Support
Litigation support ASPs mostly seem to be offered from companies experienced in creating electronic document repositories who have extended that access to the Web. Others focus more on transcripts and other court documents.
Litigation Support ASPs:
1stlegal: http://www.1stlegal.com
casecentral.com: http://www.casecentral.com/Home.html
CourtBook from Ringtail Solutions: http://www.ringtail.com.au
DiscoveryPartnerOnline.com: http://www.discoverypartneronline.com
Judicata.com from Trion: http://www.trion.com
JusticeLink: http://www.justicelink.com
realLegal.com: http://www.reallegal.com

Accounting
Accounting ASPs can include general ledger, accounts payable, accounts receivable, purchase orders, and other basic accounting functions. They can also include banking and reporting functions. They often can import or export information to and from programs that you already have. Some time & billing and purchasing ASPs have accounting functions.
Legal Specific Accounting ASPs:
DataCert.com: http://www.datacert.com/solutions_legal.html
Serengeti (uses Elite): http://www.serengetius.com
Small/Medium Business Accounting ASPs:
BAport Accounting: http://www.baport.com/index2.asp
GenLed: The Digital Accountant: http://www.genled.com/index.htm
IntAcct: http://www.intacct.com/
TeleComputing: http://www.telecomputing.net
Taxes
Nationtax: http://www.nationtax.com
Preptax.com: http://www.preptax.com/home.htm

Purchasing
Purchasing ASPs offer easy accounting integration with aggregated buying power.
NetAbacus: http://www.netabacus.com/index1.html
TeleComputing: http://www.telecomputing.net

Office Suite
A number of ASPs offer Microsoft's Office Suite or equivalent groups of applications. Some all-in-one solutions under IS/IT include office suites as part of their offerings.
Office Suite ASPs:
firm@vantage from DocMan Technologies: http://www.docmantech.com
Personable: http://www.personable.com
TeleComputing: http://www.telecomputing.net
VeriCenter: http://www.vericenter.com
WebOS: http://www.webos.com

Human Resources
Human resources ASPs can include applications for recruiting or benefits administration. See also time and billing for payroll applications.
Recruiting:
eAttorney OCI+ (On Campus Interviewing Plus): http://www.eattorney.com
Benefits:
Employease: http://www.employease.com
EmployeeService.com: http://www.employeeservice.com
Simpata: http://www.simpata.com
Workscape: http://www.workscape.net/home.html

Fax/Voice mail
Fax ASPs allow you to send and receive faxes through email without owning a fax machine. Some fax ASPs also allow you to receive voice mail as an email attachment.
eFax: http://www.efax.com
jFax: http://www.jfax.com

Email/Collaboration
Many of the ASPs mentioned above also have collaboration functions available such as chat, bulletin boards, and central calendars. Collaboration may also include secure access by clients to case information or secure document delivery. Some also include email, and there are also plenty of Web-based email providers.
Collaboration with other functions:
1stlegal: http://www.1stlegal.com
casecentral.com: http://www.casecentral.com/Home.html
DataCert.com: http://www.datacert.com/solutions_legal.html
eCounsel: http://www.bridge-way.com/products/ecounsel/overview.html
HotOffice: http://www.hotoffice.com
JurisDictionUSA: http://www.jdusa.com
LiveOffice: http://www.liveoffice.com
Niku for Legal: http://www.niku.com/legal/index.htmll
Serengeti: http://www.serengetius.com
Collaboration only:
Desktop.com: http://www.desktop.com
eGroups: http://www.egroups.com
TeamOn: http://www.teamon.com
Intranets:
Company Intranet: http://www.companyintranet.com/default.htm
Intranets.com: http://www.intranets.com
Email:
Email.com: http://www.email.com
Hotmail: http://www.hotmail.com
Mail.com: http://www.mail.com

IS/IT
Information systems/information technology functions can also be found within an ASP framework.
Security/Virus:
MyCIO: http://www.mycio.com
Help Desk:
MyHelpDesk: http://www.myhelpdesk.com/Membership/HomeVisitor.asp
All-in-One Solutions: ASP Software and Hardware:
Kapeya: http://www.kapeya.com
ThinKnowledge Networks: http://www.thinknowledge.net
Thinsolutions: http://www.thinsolutions.com
Gabriel Rothrock
[Top]

To ASP or not to ASP, That is the Question
Once again, technology is shifting and application service providers (ASPs) are moving into the spotlight. They have targeted many in the business world, particularly the legal industry, which is in a big debate over the issues that go hand-in-hand with the thought of outsourcing confidential data. Many have questioned if ASPs are safe—ASPs can be considered high risks in areas from security to functionality, data availability to integration. ASPs are presently in use, and undoubtedly more law firms, both large and small, will turn to them in increasing numbers in the future. But before doing so, both ASPs and law firms should review their ethical responsibilities. When considering an ASP, law firms must act in the best interests of their clients and firm. ASPs in turn must create and impose industry standards to guarantee quality service.

ASPs can be appealing to legal professionals because when attorneys ask, “What can an ASP do for me?” ASPs can respond “Plenty!” Applications from an ASP can be upgraded without in-house IT support, which is an essential bonus for smaller firms who otherwise would not be able to upgrade as frequently because of costs. Because ASPs provide applications with flexible payment plans, solo and small firms can also have access to applications that previously might have been considered out of reach. With ASPs, firms don’t have to maintain their own servers. Attorneys can worry less about software applications and concentrate on productivity.

Once a firm makes the decision to go with an ASP after determining their software needs and choosing the functions and services the ASP will perform and provide, legal professionals should begin to ask questions to protect their financial and ethical interests:

• How much do I know about ASPs, particularly the ones I’m considering for my firm?
• How secure is the ASP environment where data will be stored?
• Can the ASP provide data backup file storage?
• Will the ASP allow me to run my own security tests?
• Does the ASP have an outside organization perform periodic security testing, or is all testing performed internally?
• How long have the considered ASPs been in service?
• What security tools are used to protect my data?
• What technical support turnaround time can an ASP guarantee should a problem arise?
• What is the likelihood of an ASP’s server going down?
• Is there a trial service available?
• What rights do I have to move or copy my data once its at an ASP data center?
• How available will my data be should I decide to transfer to another ASP?
• How does an ASP handle clients sharing the same infrastructure?
• Should we purchase additional hardware/software to keep our data secure?

• Avery, Susan. "Tactics for Negotiating with Application Service Providers" Purchasing (last modified May 18, 2000) http://www.manufacturing.net/magazine/purchasing/archives/2000/ pur0518.00/052comp.htm
• Berry, John. “Should You Use An Application Service Provider?” PlanetIT (last modified October 13, 1999) http://www.planetit.com/techcenters/docs/enterprise_apps/ technology/PIT19991012S0062
• * Bolar, Suman. "Ask Your ASP Tough Security Questions" TechRepublic (last modified March 13, 2000) http://www.techrepublic.com/article.jhtml?id=r00620000313gcn01.htm
• Boyle, Todd. “ASPs Have to Start Pricing Themselves” ASPNews.com (This article was first published February 1999 as a posting to the ASPnews.com discussion board. ) http://www.aspnews.com/analysis/analyst_cols/article/0%2C2350%2C4431_376081%2C00.html
• Caton, Michael. "Ernst & Young Program Helps Users Judge ASPs," eWeek, (last modified January 31, 2000) http://www.zdnet.com/eweek/stories/general/0,11011,2427819,00.html
• Gibson, Stan. "Making Sure ASP Service is on the Level". EWeek (last modified March 06, 2000) http://www.zdnet.com/eweek/stories/general/0,11011,2453011,00.html
• Gray, John. "Negotiating an Effective Service Level Agreement," Gilber & Tobin law firm website (last modified March 2000) http://www.gtlaw.com.au/pubs/negotiatingservice.html
• * Hardin, Ken. “ASP Concerns—TechRepublic Members Speak Out” TechRepublic (last modified April 06, 2000) http://www.techrepublic.com/article.jhtml?id=r00620000406ken01.htm
• Koch, Christopher. "Monster in a Box?" CIO (last modified May 01, 2000) http://www.cio.com/archive/050100_monster_content.html
• Martin, Ed. “Are ASPs Safe?” About.com (last modified March 26, 2000) http://www.sbinformation.about.com/smallbusiness/sbinformation/ library/weekly/aa032600a.htm?rnk=r2&terms=ASPs
• * Recktenwald, Jennifer. “Make an informed decision about an investment in ASPs” TechRepublic (last modified December 6, 1999) http://www.techrepublic.com/article.jhtml?id=r00619991206rec01.htm
• Sopko, Steve. "The 'Availability Gotcha' or Why 99.999% Still Equals Nothing” Alentis Trade Journal (last modified July 17, 2000) http://www.alentis.com/aspinfo.asp?aspinfoID=914
• Sopko, Steve. "The Forgotten Five: What Your SLA Does Not Cover" Alentis Trade Journal (last modified June 12, 2000) http://www.alentis.com/aspinfo.asp?aspinfoID=681
• Sopko, Steve. "What Constitutes a Service Level Agreement?" Alentis Trade Journal (last modified May 22, 2000) http://www.alentis.com/aspinfo.asp?aspinfoID=408
• Sturm, Rick et al "Template: Internal Service Level Agreement," Foundations of Service Level Management (last modified March 2000) http://www.nextslm.org/slm.html

Legal Research Database Providers Move to an ASP Model
Internet access to premium legal and business information databases has become the de facto standard. The past few years have seen a new way to access these online services—via the Internet. Many of the established research databases, both legal and corporate, were previously available only via proprietary systems. LEXIS-NEXIS, WESTLAW, and LOISLAW made the move to Internet access in the last two years. Business information sources such as Dun and Bradstreet and DIALOG are now available to search online via the Internet. The movement to provide premium content via the Internet rather than a TCP/IP or dial-up modem has taken the legal and business research database providers to a new level of service and accessibility.

Once the move was made to Internet access, legal publishers recognized another outlet to provide services to the legal profession—ASP services, some integrated with their research capabilities. The first to step out of the stalls is West Group’s WestWorks. WestWorks will join IBM, Lawoffice.com, WestFile (the electronic court filing service), Microsoft Office, Westlaw.com legal research, Elite.com (time/billing), and more into a powerful conglomeration of applications for use in a law practice.

This move will no doubt spark other legal research giants to set similar products into the works. Software and outsourcing solutions from LEXIS, Bowne, BNA, CCH, and other legal research database providers are already providing different technological solutions via software, extranets, and portals. As these companies already have the technology and the ear of the legal market, the move to full ASP will be something to look for in the near future.

The following chart outlines some of the major differences between the proprietary access and Internet access to LEXIS and WESTLAW. Many of these differences provide the same type of benefit as does an ASP.

General ASP Resources

• Apps.com (http://www.apps.com/) Directory of web based applications, including ASPs
• All About ASP (http://www.aspindustry.org/) Home page of the ASP Industry Consortium, an international advocacy group which will provide best practices, consumer information, and industry standards (as they become available) to the public. Also provides buying guidelines, a glossary (http://www.aspindustry.org/glossary.cfm) and FAQs (http://www.aspindustry.org/faqs.cfm)
• ASP-Directory.com (http://www.asp-directory.com/) Searchable, categorized directory of ASPs and newsletter.
• ASP Street.com (http://www.aspstreet.com/) Focus on news, events, publications and other information about the application service provider industry.
• Network World Fusion Research (http://www.nwfusion.com/research/asp.html) Publications and overviews.
• SearchASPs.com (http://www.searchasp.com/) Search engine for ASPs, plus news, useful articles, and a help desk which includes scheduled chats with industry experts on specified topics for Q and A.
• Web Harbor (http://www.webharbor.com/) ASP industry news, directory, software directory and how to choose an ASP.

UCITA Update: Self-Help Provision Amended
The National Conference of Commissioners on Uniform State Laws (NCCUSL) amended the Uniform Computer Information Transaction Act (UCITA) at its annual meeting at the beginning of August 2000. The amendment adjusted the "self-help" provision allowing vendors to remotely disable software for nonpayment or violation of licensing agreements. The new provision removes the remote-disabling feature for mass-market software sold by retail channels, mostly affecting individual consumers. The self-help provision still remains in effect for customizable software or software not sold in retail stores; this means little change in UCITA for corporate software purchasers.

According to Jonathan Band, an ABA member who is also partner at Morrison & Forester LLP in Washington and legal representative of the American Library Association and some software developers opposing UCITA, the effects of this change may be felt within the legal market. "UCITA allows the two largest publishers in the legal publishing market to restrict competition by smaller companies. The large publishers will use contracts entered into under UCITA to obtain the competitive advantage the courts have ruled they cannot obtain under copyright. This reduction in competition will result in solo practioners and small firms paying more for access to legal materials."

For more information please see "UCITA group backs off provision in software licensing law--somewhat," ComputerWorld, by Patrick Thibodeau, August 9, 2000. http://www.computerworld.com/cwi/story/0,1199,NAV47_STO48357,00.html
[Top]