When Brand & Branch first launched about three years ago, co-founders Shabnam Malek and Amanda Conley knew immediately that they wanted to start a virtual law firm.

But Brand & Branch isn't just your average intellectual property and trademarking firm. Conley and Malek primarily work with clients in the cannabis industry, putting their work at the forefront of a newly emerging practice area. The two co-founded the National Cannabis Bar Association in 2015 to foster collaboration among attorneys working in the space, and have spent the last few years trying to build out resources for the legal community serving the cannabis industry.

So far, Conley and Malek have leaned heavily on technology to operate their firm. Brand & Branch operates mostly through matter management software Clio, which integrates well with Dropbox and IP docketing software Alt Legal. Between video conferencing and social media platforms, the two find they not only can use technology to connect with one another while on the go, but also with their client base.

Until recently, the cannabis industry operated behind the scenes. It still operates under a cloud of legal uncertainly, stemming from the Department of Justice's move to rescind the Cole memo, which shifted federal focus away from marijuana-legal states. Therefore, many cannabis companies are very cautious about who they partner with. Conley and Malek have found that a digital strategy allows them to build trust among their clients.

“When clients come to us, it's often that they've had at least three touch points with us,” Conley said. In addition to getting a personal referral, potential clients have often perused the firm's blog or seen Conley and Malek speak publicly. “Just being visible and out there and part of the community is what drives clients,” Conley added.

Because the cannabis industry is still in a fairly formative space, Malek finds that mobility for the firm is key. “As trademark lawyers, it's helpful for us to see exactly what the client does. This is a new industry, so people are showing each other stuff,” she said. The pair regularly tour through dispensaries, cannabis manufacturing facilities and a whole host of other company configurations, which helps them get a better sense of the industry they're working with.

“They're doing new and different things, and we want to see what those new and different things are,” Malek said.

To that end, the ability to work on the go has been a huge asset. “My office goes with me everywhere, and that's because my office fits entirely within my computer, my tiny little MacBook,” Malek said.

“That is the nature of the cannabis industry right now. One day you're in Barcelona, and another day you're at a conference in Toronto,” Malek added. “I feel like there's no other way to do it right now than to have a virtual firm at this point because of the need for mobility.”

Still, the strategy has some pitfalls, especially in working with cannabis industry clients. Although some clients operate online businesses and are comfortable with a digitally based operation, distributors, dispensaries and growers still operate primarily in face-to-face interactions, which can be difficult without a physical office. “Those folks aren't necessarily any more tech savvy than your average Joe,” Conley noted. “It hasn't necessarily been the perfect fit in that respect.”

Payment has been another complicating factor for the firm's virtual model. Because the cannabis industry is still at odds with federal law, formal financial institutions aren't able to serve cannabis businesses, meaning that many of Brand & Branch's clients need to pay in cash. “We never really found a solution,” Conley said. “Meeting someone at a cafe for someone to hand you thousands of dollars doesn't really work.”

Conley and Malek have since set up shop in a temporary office space in Oakland, which makes collecting payment much easier.

Despite some of these concerns, the firm model works well for Brand & Branch. “I think we'll stay largely virtual,” she said, noting that the firm is currently working with a number of clients to move their products into the international sphere. “As we get that more international scale, I think we're happy to stay virtual and nimble.”

“Not having the substantial overhead of a full-time office gives us the flexibility to stay nimble,” Conley added.

Aside from the practical elements of a virtual law firm, Conley finds that there's also cultural value in showing clients that Brand & Branch is a different kind of law practice than is typical of the legal industry. “I think the hook with the virtual law firm and the kind of clients we represent is that it's sort of a lifestyle choice,” she explained.

Especially for cannabis industry clients who may be anxious about the potential to have their businesses upset by regulatory crackdowns, Conley thinks the firm's flexible technology structure and commitment to meeting clients in the spaces most comfortable to them can send a message. “We're willing to take risks for cannabis clients. We're willing to represent them,” she said.