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Law Office Technology: What is it? Why do we need it?  How do we get it?

By: Sue Ausborn

What Is Automated Law Office Technology?

Automated law office technology is the use of software specifically developed to fit the legal office model. This allows the implementation of efficient, time-saving procedures by keying information once and then using its component parts over and over to accomplish a number of critical goals not the least of which are improving client management, attorney-client relationships, office management, and office efficiency. 

The primary goals should be making redundant tasks automated and enhancing the ability to accomplish those tasks that are not “out of the box” or boilerplate.  The way to do this is to locate all critical data in a central repository from which any and all users in the firm from receptionist to senior partner (provided they have the specific rights necessary to access that information) can call up the client and access the pertinent information from which they may automate their standard tasks and speed up the production of more substantive tasks. 

Examples of Automated Technologies:

  • Financials /Time and Billing
  • Case Management
  • Document Management
  • Document Assembly
  • Litigation Support and practice specific software

 

How Does Automated Law Office Technology Serve As A Shield To Malpractice And To The Improved Practice Of Law?

How are the professional standards required by Rules of Professional Conduct met with the use of automated office technology?

An organized and efficient law practice is a practice that creates internal checks and balances to ensure appropriate client representation.  Deadlines are recognized and adhered to; clients are responded to in a prompt fashion; documents are prepared in a timely manner; case document information is centralized to ensure well-organized files that assist in orderly case management and presentation; client funds are properly tracked and managed. 

Additionally, good attorney-client contact is imperative in maintaining a successful law practice and avoiding the majority of bar complaints:  maintaining a system in the office to support this relationship is key.  The use of automated law office technology can help to meet the standards required by the Rules of Professional Conduct.  A few general examples of the types of functions that are included in most of the available products on the market and the rules that they satisfy follow below:

  • Central Firm Rolodex. An organized office using appropriate software allows you to have good contact numbers and client information.  Everyone uses a central firm rolodex.  This allows the firm to manage its contacts as well as maintain and update pertinent information so that all users have the most up-to-date information for any contact.  This helps satisfy the requirements of Rule 1.1 – Competency (by being prepared and thorough); Rule 1.3 – Diligence (by having the case well-managed to allow for prompt response to the case); Rule 1.4 – Communication; and Rules 1.7 and 1.9 – Conflicts of Interest (by having necessary information about your clients and prospective clients).
  • Central Data Repository. An organized office makes counsel more efficient and available to clients by creating a central repository for all client-related information that may be accessed by any user, provided they have appropriate access.  This repository allows access to client information and client documents scanned into the system as well as documents created by your office.  Having as many vital documents as possible available in one system increases the potential that a client can be serviced at the time of their call with information that has been organized and input into the system.  This can avoid providing conflicting or outdated information to a client, opposing counsel, experts, and/or the courts. All notes regarding any and all communication with the client can be saved to the client file. This ensures that the information can be reviewed at any time on demand and be available to other staff members who access the file at a subsequent time.  This helps satisfy the requirements of Rule 1.1 – Competency (by being prepared and thorough); Rule 1.3 – Diligence (by having the case well-managed to allow for prompt response to the case); and Rule 1.4 – Communication (having a well-managed and well-organized file that allows an attorney and staff to effectively communicate with a client).
  • Implementation of Firm-Wide Policies and Procedures. The use of an established software program keeps your staff organized and working within an efficient and cohesive environment.  New software programs can be installed that implement existing policies and procedures so that the staff is not forced to change any existing procedures that are in place and beneficial to the firm.   If policies and procedures are not yet developed, now id the best time to prepare and implement them.  However, by automating the system and implementing it firm-wide, software programs ensure a certain consistency of practice throughout the firm.  This helps satisfy the requirements of Rule 1.1 – Competency (by being prepared and thorough); Rule 1.3 – Diligence (by having the case well-managed to allow for prompt response to the case); and Rule 1.4 – Communication (having a well-managed and well-organized file allows an attorney and staff to effectively communicate with a client.)
  • Client Fund Management. Failure to keep clients informed and failure to properly manage and account for your clients’ money are probably the top two areas where attorneys run into trouble with their clients.  Automated/flow-through legal accounting provides up-to-date information concerning client financial data. A single screen that shows all of this information in a concise and user-friendly fashion is available to all users so that a question can be addressed on the spot.  See Rule 1:5 – Fees and Rule 1:15 – Safeguarding Property.

Specific Examples Of How Automated Law Office Technology Avoids Bar Complaints And Satisfies Malpractice Carriers’ Requirements For Malpractice Insurance

  • Deadlines. Statute of Limitations (SOL) reporting and features available in Case Management software programs allows for the input of the SOL once and the reporting and management of cases based upon this critical information.
  • Conflicts Check. Importing or entering data to a central repository (database) where everyone in the firm will be able to access the data, check for conflicts, and print out a report indicating that a conflict check was performed and the results of said search.
  • Integrated Time and Billing and legal accounting software.  This solution is among the most critical that a firm can undertake and investing in a stable software solution can allow counsel to adhere to the reasonable demand of their clients and community in terms of safeguarding client funds and property by allowing instant access to financial data and records for hands on management by counsel and subsequent review by any concerned party.
  • Security/Chinese Wall. These systems allow the firm to set up very strict security with regard to any and all features available in the software package.

How Is Automated Law Office Technology Achieved and Implemented

The most important component of implementing law office technology is the selection of the software itself.  First one must identify the redundant tasks and then determine if they can be automated.  Next the existing computer or “network” set up must be fully reviewed.  It is important to understand the hardware requirements of a new software program, as well as what other applications it will be integrating with.  All programs being used by any member of the firm must be accounted for so that whatever software the firm selects it will fit and be a welcome tool and not an obstacle for the staff to overcome. 

Once all of this is considered the software programs and integrated systems can be selected and designed to provide the best solution for your practice.

Next is the planning and budgeting stage.  This is when it is decided how the software will be implemented and according to what time frame and at what total cost.  Total cost should include time for review of existing systems (both hardware and software), consultation,  along with any necessary customization and integration to ensure that the end result meets an agreed upon set of expectations.  Cost should also include basic training, support and advanced training to ensure users are kept moving in the software with their questions and suggestions being responded to.  Think about the timeframe for the implementation.  When installing any new system you will want to consider, among other details, what it will take to gather and combine data in a manner that may be properly imported or entered into the new systems.  GIGO, “garbage in, garbage out”.  This must be factored in to any plan for implementation. 

Once the software has been planned for and purchased, the next step is to move toward customizing it to fit your newly developed or established policies and procedures as well as ensuring proper integration with existing systems.  Finally the software is installed and the users begin the training process.  All users should be guaranteed access to rapid response support after an installation and the firm should most certainly invest in additional or advanced training for the staff.   Some firms opt to allow their staff to contact the consultant directly while others, mostly larger firms, opt for a gatekeeper approach whereby one of their staff members is designated as the go to person and acts as the conduit between the firm and the consultant.

The most common mistake is to neglect informing and collaborating with staff to bring the software in and implement it successfully.  It is important for your staff to understand how the new systems will affect the way they do business, and what is expected of them.  If they are properly informed and allowed to be adequately trained and understand the software’s capabilities, they are much more likely to accept the new systems and use them effectively.   It is important to acknowledge that any implementation or change in systems will involve a learning curve. This type of scenario, like any firm wide change, will elicit a variety of reactions.  But if the firm does a good job of providing direction, guidance and support, as well as buy-in from the top down, there is no reason why any firm (solo to large) can’t have a strong, stable and accurate central repository for all relevant data.  This data will be entered by productive staff and counsel to achieve the most important goals of complying with the rules of professional conduct and increasing service to its clients and community.



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Sue Ausborn is a Legal Technology Consultant for Automated Horizons, a firm specializing in information technology, legal technology, web design and marketing.
Copyright © 2007 by Automated Horizons, Inc. All rights reserved under U.S. and international law.
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