Classifications

• • G—PHYSICS
  • G06—COMPUTING; CALCULATING OR COUNTING
  • G06Q—INFORMATION AND COMMUNICATION TECHNOLOGY [ICT] SPECIALLY ADAPTED FOR ADMINISTRATIVE, COMMERCIAL, FINANCIAL, MANAGERIAL OR SUPERVISORY PURPOSES; SYSTEMS OR METHODS SPECIALLY ADAPTED FOR ADMINISTRATIVE, COMMERCIAL, FINANCIAL, MANAGERIAL OR SUPERVISORY PURPOSES, NOT OTHERWISE PROVIDED FOR
  • G06Q30/00—Commerce
  • G06Q30/02—Marketing; Price estimation or determination; Fundraising

Definitions

• the present invention relates generally to the creation of a communications network site on which persons in need of certain services can post requests for proposals (RFPs) from service providers for the provision of the services required. More specifically, the present invention pertains to a method and apparatus for allowing persons with legal or legal-related needs to advertise such needs in the form of their own detailed specifications, where lawyers or law firms or other persons or firms who provide legal-related services can submit proposals to fulfill those needs.
• RTPs proposals
• auction sites which liquidate surplus electronic equipment inventories (computers, portable video recorders and VCRs, CD players, etc.) and other items either by bid (such as EBay and Onsale), where again the actual credit transactions are typically processed via third party arrangements with the purchaser's credit card being charged for the goods and any associated handling charges, and the goods then shipped to the purchaser, or by barter (such as FastParts); similar sites entail specialized collectibles (such as eworldauction.com) and commodities (such as energymarket.com). Many of these other types of sites either utilize other types of payment arrangements, such as separate escrow account arrangements, or effect transactions only if the buyer and seller reach acceptable terms of payment.
• the present invention utilizes a computer-based communications network to provide client users the opportunity to significantly expand their scope of choice as between prospective providers of services to meet their particular needs, and to acquire significant comparative data regarding both pricing and strategic resource availability in comparative terms based on their own delineated criteria, while incorporating appropriate mechanisms and protocols to identify and avoid conflicts of interest, and to maintain client confidentiality if and as needed or desired.
• it enables subscribing legal service providers to become aware of potential clients in need of specific services which they may (or may not) be in a position to provide, via a mechanism which has not heretofore existed and which serves to enhance and complement the traditional means and methods by which providers of these services have been selected in the past.
• the present invention will serve to substantively automate, enhance and expedite the underlying processes facilitating the selection of a service provider based on the customized specifications of the client.
• RTPs requests for proposals
• the present invention is a method and apparatus for facilitating the selection of legal and legal-related service providers.
• the invention has a hos site computer, a listing client computer in communication with the host site computer, and a network subscriber computer in communication with the host site computer.
• a request for proposal is created using the listing client computer.
• This request for proposal includes criteria for determining whether a network subscriber can view the request for proposal.
• the request for proposal is transmitted to the host site computer.
• a profile is created using the network subscriber computer. The profile includes characteristics of the network subscriber. After being created, the profile is transmitted to the host site computer.
• the host site computer compares the request for proposal and the profile to determine if the network subscriber will have access to the request for proposal.
• Figure 1 illustrates a communications network and a series of computers upon which the present invention can be implemented
• FIG. 2 is a flowchart illustrating how a client posts a RFP
• Figure 3 is a flowchart illustrating how a subscriber gains access to a list of RFPs
• Figures 4A and 4B are sample listings of RFPs for different subscribers
• FIG. 5 is a flowchart showing the method by which a subscriber's active index of RFPs is formed
• Figure 6 is a flowchart depicting how a subscriber can review a RFP.
• Figure 7 is a flowchart depicting how conflict of interest issues are resolved in the process of gaining access to a RFP.
• the present invention is a computerized system forming a computer based communications network for displaying requests for proposals (RFPs) submitted by registered listing clients delineating their particular legal/legal-related service needs and any associated specifications they may have pertaining to the same, to a spectrum of potential legal/legal- related service providers who are subscribers to the network.
• RFPs requests for proposals
• FIG. 1 illustrates a network upon which the present invention can be implemented.
• host network 102 is the global network of computers known as the Internet.
• Host network 102 can also be implemented using a private access wide area network (WAN). Attached to host network 102 is host site 104, listing clients 106, and subscribers 108.
• WAN wide area network
• Host site 104, listing clients 106, and subscribers 108 can be implemented using any general purpose computer configured to send and receive information via host network 102.
• Computers sold by Dell, Compaq, Sun and others, possibly under the control of a windows-based operating system by Microsoft, and operating as described below can be used to implement host site 104, listing clients 106, and subscribers 108.
• host site 104 incorporates both discrete security protocols and privacy protocols, and will actively enable encrypted authenticated transmissions between host site 104, listing clients 106, and subscribers 108.
• FIG. 1 Not shown in Figure 1 are the many intermediate nodes and other pieces of equipment that are required to allow host network 102 to function or that allow host site 104, listing clients 106, and subscribers 108 to connect and communicate via host network 102, as one of ordinary skill in the art has such knowledge.
• FIG. 1 contemplates that the listing clients and subscribers will be implemented using traditional personal computers, a variety of other communication devices can be used in place of these personal computers.
• PDAs personal digital assistants
• cellular phones are now capable of transmitting and receiving data from the Internet. Since these devices can send and receive data over the Internet, they can perform all of the tasks required by the listing client computers and subscriber computers, as these computers are used in the present invention.
• any device that can transmit and receive information from a global network of computers (such as the Internet) is, for the purposes of the specification and claims, to be considered a computer.
• the present invention services two discrete types of users: listing clients and network subscribers.
• the host site could functionally accommodate an actual engagement process, its primary intended functions are (i) to enhance the range of choice afforded to listing clients by potential legal service providers beyond, if not well beyond, that otherwise afforded by present conventional means, and (ii) to substantially enhance the ability of service providers to become aware of persons in need of specific legal services and to submit proposals to provide same.
• Figure 2 is a flowchart that depicts how a person or entity in need of legal/legal-related services for a particular purpose becomes a listing client and submits a request for proposal (RFP).
• legal-related services includes business and financial services, e.g., services such as accounting, financing, consulting, and other professional services. Although these types of services are not currently considered by most as being legal- related services, current trends suggest that legal services may, in the near future, be paired with other business related services. Since the present invention can accommodate a variety of legal and business related services, such business and financial related services should be considered within the scope of this invention.
• the person enters into a listing agreement with the host site (202).
• the listing agreement includes important background information about the client, and may create a fiduciary relationship between the operators of the host site and the listing client.
• the listing client After executing the listing agreement, the listing client creates a RFP (204). Once the RFP is created, the client is given the opportunity to proofread the RFP, and approve it for listing on the host site (206). Once the final version of the RFP is approved by the client, and if the client has not previously been issued a password to allow access to the host site, the client is prompted to select a password for future access to the host site (208). After approving the RFP, the client submits the RFP to the host site (210).
• This RFP delineates the particular services needed, together with whatever factual particulars, and limiting criteria, relating to same that they deem pertinent so as to enable prospective service providers to submit responsive proposals. While the RFP may alternatively be submitted in hard copy form, both to avoid transcription errors and/or loss in transit, its composition and submission electronically in standard text form (e.g., XML, HTML, or ASCII) on a macro template provided by the host site, via a secure channel provided by the network, is the pre erred method.
• the listing client is a..ked to designate a listing protocol, to select a conflicts check protocol and to specify both a start date for the listing and a closing date/deadline for submission of proposals in response to the listing.
• the host site may also provide listing clients access to a menu of the types of specifications, terms and provisions that may be included in a RFP.
• the menu may also provide a listing client access to a compilation of model or exemplar provisions. From this menu, the listing client can select items for inclusion in their RFP via, for example, a point-and-click mechanism.
• the model provisions compiled by the host site would be representative of the range of provisions typically included in RFPs of the type being created by the listing client, and would enable the listing client to compose a RFP much more quickly than if it had to be drafted from scratch.
• COI conflict of interest
• Listing clients can limit access to their RFP to specified subscribers, thereby creating functional "private listings.” While this feature has a variety of potential uses and applications, one particular use is to limit access to the listing to only those attorneys/firms with whom the listing client already has a pre-existing attorney-client relationship. Listing clients may also include in these private listings attorneys/firms that have previously verified that they would have no COI problems in representing the listing client.
• the listing client can also specify the characteristics that an attorney/firm must have in order to view the listing client's RFP.
• the listing client can require a network subscriber to be a specialist in a certain area of law, or to be primarily (or exclusively) focused in representing plaintiffs or courts before gaining access to the RFP.
• that listing client can require that only network subscribers who hold themselves out as having expertise in the field of intellectual property can view the RFP.
• an insurance company needing representation in a series of personal injury cases can reqi ire that only network subscribers who regularly represent insurance companies (as opposed to individual plaintiffs) can view its RFPs.
• the present invention implements a "lock-out” feature capability that is the mirror reverse of the "private listing” option.
• the "lock out” feature allows a listing client to specify that particular service providers (if otherwise network subscribers) not be accorded access to their RFP listing.
• This feature enables listing clients to proactively preclude firms with whom they are currently in litigation and/or firms of which they are aware already have either an actual or probable COI from obtaining access to any RFP which either may contain sensitive information, or of which the client otherwise does not want those service providers to be aware.
• These two options allow a listing client to further compartmentalize subscriber access to a particular listing and enhance the ability of the present invention to manage COI issues.
• the listing client's RFP and password are then reviewed and approved by the host site (212).
• the host site verifies/confirms the selection of any conflicts check protocols and the insertion of any appropriate default protocols. If the client's password is a duplicate of another client's password, or if the client did not supply the necessary information in their RFP, the host site will notify the client, and ask them to submit another password and/or complete the RFP.
• the host site issues the listing client a discrete RFP listing number for that RFP (214).
• the listing client uses the RFP listing number in conjunction with the password to access response and other replies submitted by network subscribers to the RFP, and to edit the RFP if needed.
• the host site posts the RFP where network subscribers can review the RFP and submit proposal in response to the RFP, as will be discussed in more detail below (216).
• the host site After submitting a RFP and the appropriate password/listing number, the host site affords the listing client access to information specific to the client's listing(s), consisting of subscriber proposals submitted in specific response to their posted RFP(s) or subscriber requests for clarification of any criteria or specifications delineated in a listing.
• the host site also allows the listing client to edit/amend their own listings so as to, z ' rcter alia, make any modifications or further clarifications they subsequently deem necessary or appropriate, or to terminate a given listing, or to extend a given listing response deadline.
• Figure 3 illustrates a method whereby a person or entity becomes a subscriber to the host site.
• the subscriber completes a subscriber profile in which they describe various characteristics of their practice (302).
• the substantive advancements in ease and range of accessibility achieved by the present invention are balanced/offset via the incorporation of an array of protective protocols, including compartmentalization controls, such that subscribers are afforded access only to listings pertaining to their professional discipline and/or area of practice, e.g. , accident reconstruction experts are not accorded access to listings for forensic accounting experts, and neither can obtain access to RFP listings for legal services; legal practitioners cannot obtain access to either type of listing (except their own listings, if any, for such services).
• Subscribers are required to delineate their service provider profile via specification of their particular professional discipline(s) and their particular areas of practice in terms of subject matter, and as to whether they are either board-certified or possess other special credentials in any one or more of those areas of practice.
• the latter can be of significance since some listing clients may, for example, specify board certification in a particular area either as an eligibility requirement for persons submitting bids to their RFP listing (if not as a gateway for having access to that listing), while the former also serves as a pro-active filter/matrix in determining, in part, the composition of the listing index display for that particular subscriber.
• a password (6), which, when combined with the account number described in step 310 below, is functionally utilized as a passkey to obtain access to the index of RFP listings as shown in step 312.
• the host site After the host site receives the profile, the host site processes the subscriber's profile and verifies that the person or entity applying to become a subscriber meets certain qualifications (308). Subscriptions to the host site are limited to providers of legal or legal- related services. To become subscribers, attorneys must verify that they are licensed and in good standing to practice law in one or more states, and law firms (or their functional equivalents, including professional corporations and limited liability corporations encompassing a legal practice) must designate one or more partners or shareholders having such status. The state(s) in which a lawyer (or members of a law firm) is licensed also form part of the given subscriber's user profile, which in turn is determinative of the listings to which they would ordinarily be accorded access.
• legal-related service providers which may include a variety of professionals, including e.g., professional economists, forensic accountants and engineers, and academicians in various disciplines, are likewise required to verify their licenses and/or credentials as part of the subscription enrollment process. These verifications will be subject to independent cross-check by the host site.
• Listing clients typically will not become subscribers to the host site, given that network subscriptions are limited to professional service providers. However, some subscribers to the host site may also become listing clients, since the network also enables subscribing professional service provider firms to post their own listings for local counsel, or specialized counsel or expert needs.
• service providers have entered into contracts which expressly acknowledge their understanding and agreement that the information contained in RFPs is being provided by listing clients solely for the purpose of enabling subscribing service providers to determine whether they are or are not in a position to provide the requested professional services, and, if so, whether and on what basis they propose to do so, and that such information is deemed to have been provided to the subscriber in the same confidence as if the client had consulted said service provider directly in person.
• the host site After verifying the subscriber's identity and qualifications, the host site issues the subscriber a unique subscription account number (310), which when paired with the password selected by the subscriber as described in step 306, gives the subscriber access to a customized index of current listings, which provides a summary description of each current listing in the subscriber's specified service areas (geographic and subjec matter), including a brief generic statement of the type of services requested (as specified by the client or by host default), the pertinent geographic area (if any), and which may or may not also identify the listing client by name (312).
• This customized index also takes into account any private listing or lock-out specifications contained in the various RFPs.
• Figure 4A is a hypothetical sample index of RFP listings that might be displayed for a given law firm subscriber, being one which was presumably based in Texas or had attorneys licensed to practice in that state, and one which also presumably specified the areas of "bankruptcy", "collections” and either "contract law” or “contract litigation” in its subscriber profile, and presumably may also have specified that firm members were admitted to practice in the bankruptcy courts of the geographical federal districts specified.
• Figure 4B is a second hypothetical index of listings that might contemporaneously be displayed for another law firm subscriber that also listed “bankruptcy” as an active area of its practice, but did not specify “collections”, “contract law” or “contract litigation” as additional areas of practice in its profile (although the latter firm may also have listed “creditors rights” or “intellectual property” as additional specified subject matter areas within its practice)."
• the customized index may be referred to as an "active index.”
• the host site operating according to present invention, compares a given subscriber's user profile criteria against listing client RFP specifications to create a unique, customized index of current RFP listings for that subscriber.
• the active index is continuously updated, as any pertinent new listings are automatically added, and earlier listings are deleted on expiration of specified RFP response deadlines.
• the active index may also delete index listings at the subscriber's option following an initial review, or otherwise "flag" such listings as having already been reviewed. Listings that have been previously "flagged” are visually highlighted when subsequently presented to a subscriber.
• Figure 5 is a flowchart which illustrates the method for determining whether a particular
• RFP will appear in a subscriber's active index.
• the host site determines whether the RFP listing period is open (502). When creating a RFP, the listing client may specify a certain time period that the RFP will be available to subscribers. If the time period requirement specified by the listing client is not met, the RFP will not be listed in the subscriber's active index (518).
• the host site determines whether the particular subscriber was specified by the listing client as being one of the attorneys or firms noted in a private listing for the particular RFP (504). If the subscriber was specified in a private listing for the RFP, the RFP will be included in the subscriber' s active index, as long as the subscriber has not deleted the RFP from a previous index (516).
• the host site next determines whether the subscriber meets any licensing or other credential requirements specified by the listing client in the RFP (506). If the subscriber does not meet these requirements, processing continues at step 518. If the subscriber meets the licensing or other credential requirements, or if no licensing or credential requirements are specified, the host site will determine whether the subscriber meets any geographic requirements specified in the RFP (508). If the subscriber does not meet the geographic requirements, processing continues at step 518. If the subscriber does meet the geographic requirements specified in the RFP, or if no geographic requirements are specified, the host site determines whether the subscriber was specified in the RFP as one of the attorneys or firms that was "locked out" by the listing client for this RFP (510).
• step 518 If the subscriber was locked out, processing continues at step 518. If the subscriber was not locked out, the host site determines whether the subscriber's area(s) of practice meet any area of practice requirements or plaintiff/defendant orientation requirements specified in the RFP (512). If the subscriber does not meet the area of practice or orientation requirements, processing continues at step 518. Otherwise, the RFP will be included in the subscriber's active index (516). (For the purposes of this invention, steps 504-512 can be implemented in a order other than that shown in Figure 5).
• Figure 6 illustrates how a subscriber can respond to a RFP.
• the subscriber selects an index item that represents a RFP to obtain additional information on a specific RFP (602).
• the host site displays a "pop-up" window that reminds the subscriber that the information contained in that listing is deemed confidential in accordance with the applicable provisions of the subscription enrollment agreement and prevailing standards of professional and ethical conduct (604).
• the subscriber must affirmatively acknowledge and agree to these provisos or otherwise cancel/back out of access to said listing (606).
• This "pop-up" window may be accompanied by one or more additional successive “pop-up” windows, which may require the subscriber to confirm its understanding that ( 1 ) the RFP entails services to be provided in a particular state, court or locale, (2) it is duly licensed and otherwise qualified to provide services in that area, and (3) depending on the COI protocol specified by the listing client, no conflict of interest exists to the extent the subscriber can check for such a conflict in light of the information provided in the RFP.
• FIG. 7 is a flowchart that depicts in detail how COI issues are resolved in the process of gaining access to a RFP.
• the subscriber determines whether the listing client is identified by name (or by some other means) in the RFP (702). If the listing client did identify themselves, a check is made to determine whether the listing client requested that a preliminary COI check be conducted by the subscriber prior to gaining access to the entire contents of the
• RFP 7.04
• the listing client did require that a preliminary COI check be conducted, the subscriber is required to perform such a check. If the subscriber's COI check resulted in the identification of a conflict (706), the subscriber will not be given access to any further information contained in the RFP (710). If the listing client did not request that a preliminary COI check be conducted, or if they did request that such a check be conducted and the results of the check were negative (706), the subscriber then determines whether it wishes to submit a bid for the particular RFP (708). If the subscriber does submit a bid. the bid is submitted along with a notation that no COI was identified (712). On the other hand, if the subscriber does not wish to submit a bid, the process ends (713), with respect to the COI issues.
• the subscriber determines whether the listing client requested that an activity-based COI check be performed (714). If such a COI check is requested, the subscriber will perform such an investigation. If an activity-based COI check identifies a problem (716), the subscriber will be given no further access to the RFP (718). Alternatively, if no activity-based COI is found, or if no activity-based COI is requested, the subscriber then determines whether or not it wishes to submit a bid (720). If the subscriber does submit a bid, the bid is subject to the subscriber conducting a second phase COI check based on the name of the listing client after the client identifies itself (722). The listing client can identify itself to any number of attorneys or firms that submit bids in response to its RFP. If the subscriber does not wish to submit a bid for the RFP, the process ends (724), with respect to the COI issues.
• the subscriber then obtains access to a full text version of the selected RFP (608), which will typically contain a more detailed listing of the services needed together with any addii ional specifications as are required or desired by the listing client to be addressed in a responsive proposal to provide such services.
• certain types of legal services are such to be almost of a generic character, such as collections on credit card accounts that are in arrears and in default for nonpayment under the terms of the issuer's account agreement, and the amount of the credit extended falls within a given range (e.g.
• the listing client may specify that it requires or desires a flat-rate-per-account bid (and perhaps not to exceed a given ceiling) or may specify that it requires or desires a contingent fee arrangement bid based on either a stated or proposed percentage of the balances collected.
• the listing client may specify that it requires or desires that responsive proposals be premised on a "blended" or composite hourly fee. or alternatively that they should simply delineate the proffered hourly fee rates for all persons or staff levels which the subscriber proposes to have provide those service needs, together with a preliminary estimate or estimated range of the billable hours that may be required to meet those needs.
• Other specifications may not be price-related, such as a request for references, a proposed staffing schedule, or a summary or more detailed delineation of previous experience in the particular area(s) involved.
• the subscriber will make some determination as to whether or not it is interested in submitting a proposal (610), and is afforded the options of (i) if the subscriber has already determined it has no interest in submitting a response, indicating the same, triggering a "pop-up" reminder/re-confirmation that the information contained therein is deemed confidential incident to exiting the listing (612); (ii) deferring an indication of interest pending further consideration and/or review of other current listings, triggering a similar "pop-up" screen regarding confidentiality, with an advisory that the listing has been electronically “flagged” as having been deferred pending further consideration (614); and (iii) otherwise indicating affirmative interest in the RFP and submitting a responsive proposal (616).
• a subscriber's confirmation of affirmative interest in submitting a proposal enables additional functions of the host site, including (i) the enablement of a print capability; (ii) the enablement of a "free form” response form, with (iii) an active "toggle” capability; allowing the subscriber to flip back and for h between the RFP listing and response form screens; and (iv) the disclosure of any contact information, provided by the listing client for subscribers who need clarification of some aspect of, and/or any additional information pertinent to, the RFP in question; in addition, ideally, the listing client has provided its RFP listing in a format which enables the host site to generate a "mirror image" response form which makes provisions for the subscriber's inclusion of information pertinent to all mandatory response criteria specified by the listing client, as well as provisions for inclusion of any additional information which is either designated to be optional by the listing client or as is otherwise being supplied by the subscriber supplementally at its own option.
• the limited enablement of a print capability of documents from the host site database by subscribers represents an additional security feature of the present invention, in this instance such that only subscribers who have affirmatively negotiated all prior COI checkpoints, met all preemptive eligibility requirements, affirmatively acknowledged the confidentiality of information provided by the RFP listing client, and that have additionally expressly affirmed their interest in submitting a response to a given RFP, are only then able to obtain a hard copy of the RFP listing; nevertheless, activation of the print function at this juncture triggers another "pop-up" window requiring the subscriber to reconfirm the confidentiality and non-dissemination of the copy of the RFP being provided.
• Printer capability enablement is otherwise only available to subscribers for the limited purposes of printing copies of (i) the subscriber's agreement(s) with the site host; (ii) any pertinent site-generated electronic invoices, if any; (iii) copies of any RFP responses submitted by the subscriber; (iv) electronic log confirmations of RFP response submissions by that subscriber; and (v) a copy of a given RFP listing index accessed by the subscriber, solely for purposes of being able to disseminate same among the members of a subscriber firm; selection of the last enablement function also triggers a confidentiality/non-dissemination "pop-up" caveat requiring further separate confirmation.
• aspects of this invention pertain to specific "method functions" implementable on computer systems.
• the invention may be implemented as a computer program product for use with a computer system.
• programs defining the functions of the present invention can be delivered to a computer in many forms, which include, but are not limited to: (a) information permanently stored on non-writable storage media (e.g. read only memory devices within a computer such as ROMs or CD-ROM disks readable only by a computer I/O attachment); (b) information alterably stored on writable storage media (e.g.

Applications Claiming Priority (1)

Publications (1)

Family

ID=22274264

Family Applications (1)

Country Status (3)

Families Citing this family (2)

Family Cites Families (3)

• 1999
  • 1999-12-09 EP EP99963060A patent/EP1236154A1/de not_active Ceased
  • 1999-12-09 AU AU19376/00A patent/AU1937600A/en not_active Abandoned
  • 1999-12-09 WO PCT/US1999/029250 patent/WO2001043008A1/en active Application Filing

Non-Patent Citations (1)

Also Published As

Similar Documents

Legal Events