'Virtual' office reflects broader changes in practice of law

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Editor's note: This story has been corrected.

Bricks and mortar aren’t what the practice of law is about for attorney Brian Powers. So, he does without them in the traditional sense.

Instead, the 35-year-old attorney who’s been practicing for five years operates a “virtual” office mostly based on technology, meaning he takes his practice wherever needed to serve his clients. The concept is one that’s found scattered throughout the country, but appears to be unique in Indiana at this point.

But the idea may grow as technology evolves and the practice of law continues changing, particularly as the economic climate finds more new and veteran attorneys out of work or stepping away from traditional law firms. Though technology-based practices aren’t mainstream at this point, what Powers is doing illustrates more generally how law practice business development has changed through the years.

“I’ve always had a little different philosophy on how you can practice law and use technology, beyond what most lawyers and firms use for doc management and e-mail or calendaring,” he said. “It’s the centerpiece of my practice, and I really enjoy practicing law this way.”

focus Pence Indianapolis attorney Linda Pence stands amid the renovations of her new law firm, the second she’s founded in 25 years. (IBJ Photo/ Perry Reichanadter)

Powers started a career in environmental engineering at an Indianapolis firm after graduating from Syracuse University. But his interest drifted away from engineering, so instead he embraced the online boom and started a out of his Ohio State University apartment. He eventually returned to Indiana and started a different Internet business in downtown Indianapolis, on the fourth floor of the building shared with Morton’s Steakhouse. But that lasted only about three years, and he ultimately went to law school.

In early summer 2009, he launched the virtual Law Office of Brian V. Powers, Innovative Counsel. His staple is his online practice at

He’s set his practice up to be portable, capable of practicing anywhere in order to make the process more efficient and cut his costs. Though he spends about 60 percent of his time working from home, Powers said the virtual nature of his firm means that he doesn’t need to be there and could pick up and go anywhere at any moment.

“I don’t need traditional office space because that’s not what practicing law is about,” he said. “They’re paying for my legal advice and help, and they don’t care about a nice office with a receptionist. They just want someone who gets the legal work done well for them.”

Purely a transactional lawyer, Powers said he rarely ever steps into a courtroom.

He represents business clients on matters ranging from corporate transactional matters, entrepreneurial legal services, startup law, mergers and acquisitions, and Internet law/software licensing. He also advises his established clients on issues such as real estate matters, regulatory compliance, business advisory services, strategic planning, business restructuring, and general corporate counseling. Most of his clients are businesses based in Indiana or operating inside the state, as well as clients located in Singapore and on both coasts, Powers said.

If there is a home base, it would be his home in Carmel. That’s where his dining room serves as the conference room and he has a desk. But mostly he’s on the move, with his laptop, iPhone, and iPad.

That means no copiers and as little paper as possible. Though he gets large amounts of paper every day, Powers scans and shreds it as quickly as possible, unless there’s a legal reason to keep a paper copy. The web-based technology he uses is Clio, which allows him to input all of those documents into a system that compiles and processes the data. Receipts are scanned and the software extracts the information and loads it into Quickbooks, and then into an online accounting program.

On the accounting side alone, Powers said he spends only about 30 minutes on it during the course of a month. The same goes for marketing, which mostly revolves around his website and two blogs. Just like him, clients can log in to access their account information as needed, viewing or paying bills if they want.

He’s found all kinds of technology uses to help him in his practice, such as a Smart Pen that digitally records everything he writes and converts it into an online-searchable form. That also has a recording capability, allowing him to even add voice notes to his written notes for later review.

focus Attorney Brian Powers has opened a virtual law office largely based on technology that means he doesn’t need a physical office space. (IBJ Photo/ Perry Reichanadter)

Admittedly, he said most of his clients are under the age of 45 and are the more “tech savvy” ones who are more accepting of this virtual practice concept. Some communicate with him by social media or texting, though Powers admits that’s not the preferred method of attorney-client communication and he wants to have as much phone or in-person contact as possible.

“The way my practice is setup has opened some doors for me, because I just don’t get perceived as having a brick and mortar office building for my services,” he said. “But while that’s opened some doors, I’m sure some have probably been turned off by this and never picked up the phone. But that’s fine, because I’m happy and my clients are happy as far as I know.”

Powers realizes that he wouldn’t have been able to design his practice this way five years ago, and definitely not 10 or 25 years ago. The profession changes so rapidly that it’s tough to know what the future might bring, but he’s interested in seeing the changes now just as he finds it fascinating how longtime attorneys have evolved through the years.

One of those is veteran litigator Linda Pence, who’s been practicing for 36 years, been in public service and Big Law, and has observed those business development changes firsthand.

Pence opened a firm in 1986 and watch it eventually become one of the fastest growing in the state before it dissolved almost a decade ago, and most recently she’s teamed with a longtime colleague to launch a new small firm in Indianapolis.

Earlier this year, she and partner David Hensel launched Pence & Hensel. They are temporarily situated in a former insurance company building but expect to move into a new office by early November, she said.

When Pence opened her first firm in 1986 after years of working at the U.S. Department of Justice, she recalls how little technology was a part of that process.

At that time, she received a $30,000 bank loan for startup costs, such as buying office equipment and supplies. She recalls having a five-page list of items an attorney should consider when opening a traditional law office. Back then, computers didn’t resemble what exists today and Web pages just didn’t exist.

Her firm merged in 1995 with what became Johnson Smith, and that lasted until it dissolved in 2002.

“I learned that in a big firm you have to deal with more partners and more people, and decisions take a little longer and cut into how the firm runs overall. By its very nature, a big firm needs more rigid policies and procedures and that can slow you down,” she said.

Still, what Pence said hasn’t changed about the practice of law – a point that highlights how Powers’ practice is thriving – is the relationships with clients.

“That relationship with a client is still the same, even if everything else is different,” she said. “The basics of a lawyer sitting down, having basic facts, and offering legal advice are the same. As a lawyer, you still need a brain and the ability to ferret out facts, and to advise people on what you understand to be the law. We haven’t seen the end of that hallmark.”•


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  1. Especially I would like to see all the republican voting patriotic good ole boys to stop and understand that the wars they have been volunteering for all along (especially the past decade at least) have not been for God & Jesus etc no far from it unless you think George Washington's face on the US dollar is god (and we know many do). When I saw the movie about Chris Kyle, I thought wow how many Hoosiers are just like this guy, out there taking orders to do the nasty on the designated bad guys, sometimes bleeding and dying, sometimes just serving and coming home to defend a system that really just views them as reliable cannon fodder. Maybe if the Christians of the red states would stop volunteering for the imperial legions and begin collecting welfare instead of working their butts off, there would be a change in attitude from the haughty professorial overlords that tell us when democracy is allowed and when it isn't. To come home from guarding the borders of the sandbox just to hear if they want the government to protect this country's borders then they are racists and bigots. Well maybe the professorial overlords should gird their own loins for war and fight their own battles in the sandbox. We can see what kind of system this really is from lawsuits like this and we can understand who it really serves. NOT US.... I mean what are all you Hoosiers waving the flag for, the right of the president to start wars of aggression to benefit the Saudis, the right of gay marriage, the right for illegal immigrants to invade our country, and the right of the ACLU to sue over displays of Baby Jesus? The right of the 1 percenters to get richer, the right of zombie banks to use taxpayer money to stay out of bankruptcy? The right of Congress to start a pissing match that could end in WWIII in Ukraine? None of that crud benefits us. We should be like the Amish. You don't have to go far from this farcical lawsuit to find the wise ones, they're in the buggies in the streets not far away....

  2. Moreover, we all know that the well heeled ACLU has a litigation strategy of outspending their adversaries. And, with the help of the legal system well trained in secularism, on top of the genuinely and admittedly secular 1st amendment, they have the strategic high ground. Maybe Christians should begin like the Amish to withdraw their services from the state and the public and become themselves a "people who shall dwell alone" and foster their own kind and let the other individuals and money interests fight it out endlessly in court. I mean, if "the people" don't see how little the state serves their interests, putting Mammon first at nearly every turn, then maybe it is time they wake up and smell the coffee. Maybe all the displays of religiosity by American poohbahs on down the decades have been a mask of piety that concealed their own materialistic inclinations. I know a lot of patriotic Christians don't like that notion but I entertain it more and more all the time.

  3. If I were a judge (and I am not just a humble citizen) I would be inclined to make a finding that there was no real controversy and dismiss them. Do we allow a lawsuit every time someone's feelings are hurt now? It's preposterous. The 1st amendment has become a sword in the hands of those who actually want to suppress religious liberty according to their own backers' conception of how it will serve their own private interests. The state has a duty of impartiality to all citizens to spend its judicial resources wisely and flush these idiotic suits over Nativity Scenes down the toilet where they belong... however as Christians we should welcome them as they are the very sort of persecution that separates the sheep from the wolves.

  4. What about the single mothers trying to protect their children from mentally abusive grandparents who hide who they truly are behind mounds and years of medication and have mentally abused their own children to the point of one being in jail and the other was on drugs. What about trying to keep those children from being subjected to the same abuse they were as a child? I can understand in the instance about the parent losing their right and the grandparent having raised the child previously! But not all circumstances grant this being OKAY! some of us parents are trying to protect our children and yes it is our God given right to make those decisions for our children as adults!! This is not just black and white and I will fight every ounce of this to get denied

  5. Mr Smith the theory of Christian persecution in Indiana has been run by the Indiana Supreme Court and soundly rejected there is no such thing according to those who rule over us. it is a thought crime to think otherwise.