the electronic/paperless office: quicker, better, …the electronic/paperless office: quicker,...

THE ELECTRONIC/PAPERLESS OFFICE: QUICKER, BETTER, MORE ACCURATE, CHEAPER –

WITH STYLE

PRESENTED BY:

THOMAS C. BAIRD Baird, Crews, Schiller & Whitaker, P.C.

15 North Main Temple, Texas 76501

(254) 774-8333 (254) 774-9353

[email protected]

JUANITA WEIR Baird, Crews, Schiller & Whitaker, P.C.

15 North Main Temple, Texas 76501

(254) 774-8333 (254) 774-9353

[email protected]

ARTICLE WRITTEN BY

THOMAS C. BAIRD

State Bar of Texas 24TH ANNUAL ADVANCED TAX LAW COURSE

September 28-29, 2006 Dallas

CHAPTER 15

******************************************************************************THOMAS C. BAIRD

BAIRD, CREWS, SCHILLER & WHITAKER, P.C. 15 North Main, Temple, TX 76501

(254) 774-8333 (254) 774-9353 Fax

[email protected] www.bcswlaw.com

****************************************************************************** EDUCATION:

J.D., 1977, University of Texas School of Law, Austin, Texas B.A., 1975, Texas Tech University, Lubbock, Texas

PROFESSIONAL ACTIVITIES:

President and Shareholder: Baird, Crews, Schiller & Whitaker, P.C. Board Certified, Texas Board of Legal Specialization:

Estate Planning and Probate Law Residential Real Estate Law Commercial Real Estate Law Farm & Ranch Real Estate Law

Top Lawyer recognized by SuperLawyers.Com – 2003, 2004 & 2005 Member: American College of Trust and Estate Council College of the State Bar of Texas Life Fellow, Texas Bar Foundation State Bar of Texas American Bar Association American Bar Association Real Property Probate & Trust Law Section Texas Real Property Probate & Trust Law Section Bell-Lampasas-Mills Counties Bar Association

AUTHOR AND SPEAKER CREDITS:

2000 & 2001 Excellence in Writing Award, Probate & Property;

Frequent author and lecturer for continuing legal education programs, including the following: Probate and Property Magazine Articles Texas Bar Journal Article American College of Trust and Estate Council American Bar Association

Thomas C. Baird – Curriculum Vitae continued

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State Bar of Texas Various Universities

Notre Dame Tax & Estate Planning Institutes Texas Society of Certificate Public Accountants National Association of Professional Financial Advisors (NAPFA), New York The Southwest Legal Foundation Course Internal Revenue Service – North Texas District Texas Bankers Association The Chase Private Bank of Texas, Houston, Texas Marshall & Ilsley Trust Company Of Arizona Various Bar Associations and Estate Planning Councils across the U.S.

******************************************************************************Juanita Weir

Baird, Crews, Schiller & Whitaker, P.C. 15 North Main, Temple, TX 76501

(254) 774-8333, Extension 203 (254) 774-9353 Fax

[email protected] www.bcswlaw.com

****************************************************************************** Legal Assistant to Thomas C. Baird, a Licensed Attorney, with the firm of Baird, Crews, Schiller & Whitaker, P.C. Board Certified Legal Assistant, Estate Planning & Probate Law, Texas Board of Legal Specialization Associate Member: College of the State Bar of Texas Member: Texas Board of Legal Specialization Estate Planning and Probate Law Legal Assistant Commission Member: State Bar of Texas, Paralegal Division Member: Bell County Bar Assn, Legal Assistant Division Participated on Panel at the 28th Annual Advanced Estate Planning & Probate Course, 2004, “How to Organize and Manage Your Estate Planning and Probate Practice” Participated on Panel at Tax Practice Management Committee Meeting, Aba Tax Section Conference, San Diego, California, February, 2006, “The Electronic/Paperless Office: Quicker, Better, More Accurate, Cheaper – With Style”

The Electronic/Paperless Office: Quicker, Better, More Accurate, Cheaper – With Style Chapter 15

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TABLE OF CONTENTS

I. FIRST CONSIDERATIONS .................................................................................................................................. 1 A. Can You Teach Old Dogs New Tricks? .......................................................................................................... 1 B. Front Burner Automation and Technology Resources .................................................................................... 1 C. Document Handing.......................................................................................................................................... 1 D. How Much Can Be Done On Line? ................................................................................................................ 1 E. Software and Hardware. .................................................................................................................................. 1

II. THIS WRITER’S EXPERIENCE WITH THE ELECTRONIC OFFICE .............................................................. 1 A. Training the Attorneys and Staff. .................................................................................................................... 2 B. Our Engagement Letter. .................................................................................................................................. 2 C. Phone System. ................................................................................................................................................. 2 D. Paperless Office............................................................................................................................................... 2 E. Word Processing.............................................................................................................................................. 3 F. Hardware. ........................................................................................................................................................ 3 G. Virtual office. .................................................................................................................................................. 3 H. Web site. .......................................................................................................................................................... 3 I. Competence Perception. .................................................................................................................................. 3 J. Benefits............................................................................................................................................................ 3

III. WHERE DO YOU START?................................................................................................................................... 4

IV. SIX BASIC CATEGORIES FOR OFFICE AUTOMATION ................................................................................ 4

V. BARIERS VS. BENEFIT ....................................................................................................................................... 5 A. Cost.................................................................................................................................................................. 5 B. Learning New Technology. ............................................................................................................................. 5 C. Concern Over Security. ................................................................................................................................... 5 D. Attorney’s Attitude.......................................................................................................................................... 5

VI. DO YOUR HOMEWORK...................................................................................................................................... 6

VII. INVEST IN TRAINING ......................................................................................................................................... 6

VIII. THE PAPERLESS OFFICE................................................................................................................................. 6

IX. SMALL FIRM TECHNOLOGY SECRETS .......................................................................................................... 6 A. Exploiting the Internet. .................................................................................................................................... 6 B. Scanning .......................................................................................................................................................... 7 C. Voice Recognition........................................................................................................................................... 7 D. Adobe Acrobat Writer with E-Mail................................................................................................................. 7 E. Document Management................................................................................................................................... 8 F. Law Firm Web Sites: Get a Return on Your Investment ................................................................................ 8 G. Designing Your Web Site.............................................................................................................................. 10 H. Extranet Capability........................................................................................................................................ 11

X. ADVANTAGES OF OUTSOURCING................................................................................................................ 13

XI. CONCLUSION ..................................................................................................................................................... 13


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DRAFTING TECHNOLOGY: QUICKER, BETTER, MORE ACCURATE, CHEAPER – WITH STYLE Technology is overwhelming today’s modern law firms and in particular individual attorneys. The demands for a greater range of services, quicker response, flexible working arrangements, cost savings, and revenue increases, along with natural curiosity about new electronic gadgets and toys has caused many law firms and attorneys to sink into a quagmire of new technology. The question is whether or not technology will really provide some of the answers the legal profession is searching for -- or, maybe more accurately, whether or not the stress and effort are worth the gains and benefits received. I. FIRST CONSIDERATIONS Probably the most important thing to remember is that not every law office automation program or system fits every office or every attorney. Each attorney and law firm must decide which automation program and on-line legal resources work for their particular practice -- which system & software integration seem to work and which do not. It is often helpful to check with other firms or attorneys to find out what programs they use and like and what programs they have tried and do not like and why? There are a number of areas an attorney may consider when automating an office. A. Can You Teach Old Dogs New Tricks?

1. How do you change the mind set of how your law

office practices law? How do you educate the other attorneys in your office, your staff, and your clients so that they experience the benefit of the new technology in a way that is easy, quicker, more efficient, and not intimidating.

2. How do you market your new office to enhance client relationships? Can you leverage off technology the way you historically have leveraged off associates and legal assistants? Can you maintain individual professionalism if all attorneys use the same automated drafting systems and on-line resources?

B. Front Burner Automation and Technology

Resources Some of the automation and technology resources

that are on the front burner are:

1. Virtual office. Do you want to be able to work from anywhere - office, home, hotel? Do you or your staff sometime need to be away from the

office but still have time to work if the tools and the files to do so were available?

2. Paperless office. Has storage of files gotten to be a problem? Are you renting extra space just to archive old files? Are you spending valuable billing time just looking for files? Is your filing behind? If you answer “yes” to any of these questions, you may want to consider the “paperless office”, that is, storing your files and records electronically.

C. Document Handing.

How do you update your document handling so it is more efficient? Considerations for document handling include document assembly, document delivery, data management, and storage. This could include direct faxing from the work station and receiving faxes at the work station.

D. How Much Can Be Done On Line?

How do you use Web site coordination with delivery of documents and services as well as marketing?

1. Do you begin instituting e-billing? How about the

client paying by credit card, either by getting pre-approval in your engagement letter or by return of e-mail message with their bill?

2. Would it be easier and more efficient if you could sometimes deliver documents electronically? Do you email in Word or WordPerfect or do you use PDF to prevent document manipulation?

3. Can you replace your current library with legal resources on line?

4. How do you perform your financial and operations matters on line or electronically?

E. Software and Hardware.

Which software do you really need? Which word processing program do you use? Which scanners work the best? Do you archive on CD or on extra hard drives?

II. THIS WRITER’S EXPERIENCE WITH THE

ELECTRONIC OFFICE Our firm’s electronic office has helped to increase efficiency and productivity with corresponding cost savings. Using automation and technology has eliminated the need for several full-time and part-time staff. Our firm estimated it has saved $100,000 a year. The most important benefit has been the change in attitude of the attorneys and staff and the positive response from the community, clients, and other professionals who have made comments about how much easier and more efficient it is to do business with our firm. Clients also seem to think that if you are


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doing all of these things, then you must also be keeping up with the law. Areas our firm has integrated or is in the process of integrating to create our electronic office include the following: A. Training the Attorneys and Staff.

There had to be a change in mind set by the attorneys and the staff. We invested time and money to train all attorneys and staff on how to use the new programs, what the various programs will do, and how each individual can customize the programs with shortcuts and settings to fit the needs of each particular attorney and staff. It is very important that everyone buys into the process and understands the importance of putting the necessary information directly into the data base, which may be shared with multiple programs.

B. Our Engagement Letter.

We updated our engagement letter to incorporate the issues that arise when you communicate electronically as well as obtain permission to communicate with the clients electronically. The engagement letter discloses that we store our files electronically and that we are a paperless office. It also discloses our file destruction, or rather file retention policy, and it explains our firm’s extra net capabilities. The engagement letter also allows the client to consent to our firm electronically communicating by fax and e-mail, including transmitting documents and discloses the possible loss of security when doing so. The client also has the ability to give authority to our firm to e-bill as well as charge the client’s bill to their credit card. The engagement letter also promotes our firm’s Web site, which directs the client to several beneficial articles, letters, and answers to frequently asked questions (“FAQ”).

C. Phone System.

We updated our phone system to accommodate our electronic office. We implemented a voice mail system, which not only saves payroll by eliminating the need for a receptionist, but also enables the caller to deliver their message directly to the person they are calling and to leave a more detailed message, which enables the staff or attorney to be better prepared when returning the call. Our policy for our staff and attorneys is that they update each of their respective messages daily, which message indicates the date, whether they are in the office or just away from their desk, and also promotes our Web site. Our policy is that all attorneys and staff check their voice mail regularly, whether they are in or out of the office and return calls quickly. We also implemented follow-me routing of phone calls, which forwards our office calls to our cell phones. Our clients really appreciate being

able to reach us even if we are away from the office, rather than having to wait until we return.

D. Paperless Office.

Our firm was tired of paying for offsite storage, which was growing and growing, and which made finding files difficult and time-consuming (unbillable time), so we went “paperless”.

1. To start our “paperless office”, we installed two

network copier/scanners and desktop scanners on each desk in our office. We implemented a policy for scanning, including how to handle paper until scanned and the scanned document backed up, and electronic filing procedures so that anyone in the office could find a file no matter by whom the document was created or filed. Because all our documents are filed electronically, we have quick access to them and are, therefore, able to quickly electronically distribute the documents to anyone who is able to receive documents electronically, which is nearly everyone. We have found that the PDF format provides for a more universal receipt.

2. We installed fax software so that all faxes are sent directly from the individual’s work station and all faxes are received at the individual’s work station. We then established policy for storing and filing the faxes. We fax our filings with the Secretary of State directly from our computers by including a payment by credit card authorization. We fax letters and demands with no snail-mail duplicate. Our postage savings is substantial, and we are able to electronically file the proof of receipt by the other party with the document. We also have immediate filing, as we are instantly and easily able to save incoming letters and documents as they are already in an electronic format. We, therefore, encourage client and opposing attorneys to e-mail and fax all communication for easy file maintenance. They seem to prefer this, too, as they are able to avoid snail-mail and save postage. We can find a file and transmit it to a client or attorney by email or fax and never have to leave our desk and with very little interruption to the project on which we were working.

3. The administrative division of our firm is also “paperless”. Our administrative assistant does the procurement and purchasing electronically with payment by the firm’s credit card. We have also instituted on-line banking and electronic payroll, which, of course, gives our staff quicker access to their salaries.

4. We established a comprehensive contact and data base that includes e-mail addresses, cell phone numbers, home phone numbers, business phone numbers, fax numbers, and personal information. These are used in developing e-mail and fax


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distribution groups for mass mailing, newsletters, and contact for law changes.

5. We began to phase out our library, which was expensive and time-consuming to keep updated. We now use on-line resources for legal research. Our State Bar has several great on-line resources, including My Texas Bar, Case Digest, Reptile, and CLE articles on line. We are also able to access court information on-line.

6. One of our current projects for our electronic office is instituting policy for electronic billing or e-billing, obtaining client consent to e-bill, and establishing policy for credit card authorization.

E. Word Processing.

We experimented with both Microsoft Word and Corel WordPerfect and decided that an office who really wants to service its clients really needs both. We have invested in several document assembly programs, including FlexDraft and ProDocs. We have also invested time in developing forms for use by the whole firm.

F. Hardware.

We installed dual screens at each desk and color copiers. Each of our attorneys use laptops. We have also issued laptops and palm devices for legal assistants who often have to work away from the office. All our computers, printers, scanners, and copiers are networked.

G. Virtual office.

All attorneys and staff have the ability to work from home. We found it to be to our advantage to install work stations at the home of each attorney and staff and provide them with dial-in capabilities. This has numerous advantages including enabling you to retain highly qualified people that are working parents.

H. Web site.

We invested time and money to make sure that are firm Web site not only told about our firm but worked for us and our clients. It gives the firm’s profile, it provides access to on-line resources, and has FAQs, articles, forms, and information. It provides an easy access to extranet and easy distribution of newsletters.

I. Competence Perception.

It took a little training and energy to educate our clients and other professionals, but once they caught on, they have responded very positively to our electronic office. We took the time to make them aware of how we use our technology, and they find they are better able to communicate with us. They like that we are able to give them more useful information by keeping them informed on the status of their case.

We have increased our efficiency and are giving a better response time. We have useful information available to them 24/7. By use of e-mail and our firm Web site, we are able to give our clients some background information relating to their matter before they come for their appointment, which helps to eliminate several fact-gathering steps. Clients really like that we have instant access to their files at all times. Our electronic office lets our client know that we care about them, because we stay in touch, respond quicker, give useful information, and assist the client in helping themselves.

J. Benefits.

Benefits our firm has derived from our electronic office include the following:

1. Time savings. Our firm experiences better

organization, better control, a better work product, and quicker access to information. There is also quicker receipt of information from courts and opposing attorneys.

2. Money Savings. Paper is very labor intensive. In addition to being storage intensive, having a paperless office means that the firm needs less staff such as file clerks. There is also a reduction in postage costs, paper costs, and storage costs.

3. Building of Confidence. There has been a seemingly increased respect from our peers, increased professionalism, reduced possible malpractice worries, and better staff morale,

4. Better Research and File Access Capabilities. We have better research capabilities, quicker receipt of information from courts and opposing attorneys, access to the best legal minds across the country, and possible association of specialized experts on a particular matter in a seamless manner. Being virtual really means that if there is access to the Internet, the law office can be anywhere in the world. The Internet allows any member of the firm through virtual private networking to have access to all of the firm’s files on the firm’s file servers, and since the firm is completely paperless, everything is on the servers.

5. More Fees and Better Quality of Life. The electronic office provides us with the ability to work from anywhere, the ability to charge a higher hourly rate or fixed fees with greater certainty that the fee will be more than adequate, reduced receivables (which saves money and made us more money), gives us a better quality of life, and enables us to retain highly qualified people.


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III. WHERE DO YOU START? According to the American Bar Association’s 2001 Legal Technology Resource Center Survey Report, few attorneys take advantage of the technology available to them. The survey found that although 91 percent of firms have a word processing program, just 20 percent use any kind of case management software. "Attorneys still have areas where they could be using technology to make their lives better and improve the way they handle cases," said David Whelan, director of the ABA's Legal Technology Resource Center in Chicago. The problem is greatest in small and solo practices, he said, adding, "We were surprised there was a lot of law office automation that had not been picked up. And at smaller firms and solo offices, you were just as likely to find nothing." The concept of office automation and the advanced use of technology sometimes conjures visions of cold, futuristic environments that are paperless, robotic, and hyper efficient. But automation is making the practice of law much more humane, freeing attorneys -- especially those in small and midsize firms -- from mundane clerical tasks so they can concentrate on their clients. Those who decide to take the plunge into the electronic office will have several questions. What products and procedures are best for the actual production of documents. Do you spend all your time drafting documents and turning them into forms? Do you use various programs that assemble documents; and if so, do you accept the documents as assembled, or do you radically redraft the document? Or, do you just keep a lot of old documents around and just search and replace the names and other individual information? (This latter recourse, of course, means that you try to maneuver your clients into doing something similar to what you have done before, which is not really serving the client.) How do you get all of the various programs to share information so that you do not have to re-enter the same information over and over again? How do you manage your client information so that it can be used for updates, newsletters etc.? How do you change the bad habits of your partners and still stay partners with them? What particular uses of technology can be incorporated into the 21st century law office? Not enough attorneys are taking advantage of the tremendous advances in law firm technology. We are beginning to see the good and the bad of law office automation and use of technology. Many large law firms have specially designed time and billing programs and systems. These systems are often unbelievably cumbersome and complicated and designed so that one configuration fits all or they are so complicated that no one ever learns to use all the available options. These systems and programs require that a lot of information be entered that just is not

relevant to what a particular attorney or practice group needs. This often results in attorneys patch working together their own organizational tools and sending many attorneys back to keeping paper calendars, which makes keeping up with billing hours that much more difficult. This means the end of the month is a nightmare for billing purposes, and retrieving and keeping up with filing is even worse. When the decision to automate the law firm is made, it is essential that the simplest programs that will work for the particular attorney or law firm be chosen. There is a huge selection of software to choose from. In a perfect world the billable time will be entered on one program (a case management program), and transferred to another program so that the information is shared universally with all other programs which handle billing, file management, calendar control, contact information and document production. The idea is for all the programs to work together seamlessly. This environment works best when there is little or no paper. The information is always available, organized, and retrievable. The information required for distribution to the client is complete and transmitted quickly and efficiently. The paperless procedure is very efficient, very simple, very affordable, and very important if the modern law firm is going to increase revenue. It saves a ton of time – time that can be converted to billable time. To get started, the firm will need to obtain the proper licensing, suitable software, professional installation, adequate training, and some new hardware. It is also necessary to either have a full or part time information technology staff person or to make other arrangements with a technology consultant who knows the specific system, hardware, and programs of the law firm. Automated products do a variety of jobs. They can access on-line research, organize case files, track hours automatically as a attorney works, make files available to clients 24 hours a day through a special Web site, produce documents quickly that are professional and customized, and organize contacts so attorneys and staff can communicate with each other, clients, and other professionals quickly by placing calls or sending e-mail messages with the click of a mouse. IV. SIX BASIC CATEGORIES FOR OFFICE

AUTOMATION Andrew Z. Adkins III, director of the Legal Technology Institute at the University of Florida's Levin College of Law, divides office automation for attorneys into six basic categories: 1. Document Management. There are programs

such as Docs Fusion, iManage or Worldox that help attorneys organize and find their files.


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2. Financial Management. Programs such as Timeslips, Quicken, Juris, or TABS III are used for time and billing. Many of these programs, when integrated with other programs, help attorneys track their hours and analyze how they spend their time.

3. Case Management. Programs such as Amicus Attorney, Time Matters, and ProLaw help attorneys tie together everything associated with a particular case. Some programs will create a phone list for each case or let attorneys dial from that list by clicking on a particular name. Some programs feature a pop-up clock, prompting attorneys to bill time whenever they open the file.

4. Litigation Management. Programs such as Summation and Concordance, manage specific documents and images. They're particularly good for organizing litigation involving years of research and what otherwise would be tons of paper.

5. Legal Research. Programs for legal research include tools such as Westlaw, Lexis Nexis, and any other Internet-based research.

6. Client-Relations Management. Programs such as Interaction and LegalEase let attorneys capture personal client information -- birthdays, anniversaries, client hobbies, and interests -- to jog the memory. "It carries marketing to a more personal level," said Adkins. "We don't see a lot of it right now."

V. BARIERS VS. BENEFIT A. Cost.

The largest barrier to law office automation and the use of technology is the perceived cost. Many attorneys look at the cost without analyzing the benefits and miss the fact that if something cost you $5,000 per person to implement, saves you $3,000 per year, and increases revenue $10,000 to $20,000 per billing attorney a year, then automation becomes very affordable. These types of automation products contain many features in terms of saving time and money. One example: An attorney or secretary can enter a changed phone number into the computer once, and the program will update the number in every program it appears.

B. Learning New Technology.

Another barrier is the difficulty -- real or imagined -- of learning new technology. Many very sophisticated programs have almost limitless options, shortcuts, and functions. Yet most people use only a fraction of the capabilities of the program -- example, a law firm implements a new time and billing program, the time system saves a lot of money, and encourages people to put in their time on a daily basis. The

attorneys and staff, however, shy away from the program's more advanced features and thus lose the additional exponential financial and time benefits available. People are creatures of habit and they like the familiar.

C. Concern Over Security.

Another barrier to law firm automation and use of technology is a concern over security. Some firms are considering using a document management program that would allow clients to view their case files on line. This type of program will let clients into the firm’s server to view their files but lock them out of the files of other clients. Giving clients access to their files on the firm’s server raises numerous security issues and is just down right scary. Many firms may have to get over their fear. Their more sophisticated clients may well begin to demand this type of access to their client files, and the firms may have to accept the risk to allow clients instant access to their files.

D. Attorney’s Attitude.

Another barrier to the use of automation and technology is the attorney’s attitude. Attorneys seem to need a reason to purchase these products and programs. Too often attorneys decide they don't have a reason to automate and, therefore, they don’t. Attorneys who bill by the hour may view time saved by automation as unbilled time. They question, "Why should I spend money to buy a product to make less money?” These attorneys need to realize that billing by the hour is out. They need to value bill, that is, they need to charge for the work, not the hours. Law firms that bill by flat rate or attorneys that bill by contingency fee will find that they will be able to make more money because they are becoming more efficient. Their billings are based on value, not on time. Some firms may find it difficult to quantify their savings in terms of money or people-hours, but they will find that automation makes their working lives easier. The attorneys have better use of their downtime.

Many attorneys still believe these programs make life more complicated or believe that automation is just a fad. These attorneys just need to think back to the days when they first began practicing law when the only office equipment was a copier and an IBM Selectric II. It is ironic that the same attorneys who make a living advising people have difficulty taking advice on running their practices more efficiently. These attorneys are comfortable in their comfort zone and they do not want to leave it. But sooner or later most of them realize that they must get out of their comfort zone and do what is best for their staffs, clients, and themselves. With a change in attitude, some homework, a lot of planning, and a little training, they realize that they can make the jump from the 19th century to the 21st century.


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VI. DO YOUR HOMEWORK Before a firm jumps out and acquires law office automation software, hardware, and other technology, the firm must do its homework. The attorneys need to first evaluate what they want their firm to accomplish for its particular practice and then research what is available for their purpose. Firms that hire a consultant should do this same homework. Once the attorneys zero in on a particular product or set of products that will do the task, they can then ask the consultant if the consultant knows of anyone else who has done what they are trying to do. It is good to get three to five references. When you talk to other firms, ask about every aspect of installation and implementation, including how long it takes to get up and running. Ask if these firms were satisfied with the consultant, the products, and the training. Find out what the firm's plan for implementation was and how it worked? Ask what the rough spots were and what they would do differently next time? Ask how the product is now functioning and if it still does the job. VII. INVEST IN TRAINING To get the most out of new software, plan and budget for training. For document management programs, which simply help organize files, a half-day training session might do. For more complex case management software, two to three days of training, preferably spread over a week, will probably be necessary. The most effective training on the more sophisticated programs is to do a half-day of training at a time and provide floor support training after that. This is the most expensive way to train but it is often the best way in the long run. VIII. THE PAPERLESS OFFICE We have been hearing and reading about the paperless "office of the future" for years. And with e-mail, inexpensive scanners, fax to e-mail service, electronic document management systems, and the like, we are almost getting there. We may never get to an office that runs without any paper, but it certainly is possible to get to an office that uses a lot less paper. Today's larger firms are almost certainly using a formal, enterprise-based document management system, and even firms with only a few attorneys should put something into place. Modern case management systems may provide document management as an aid to keeping all of the information about a case together in one place. And even a solo practitioner can save all sorts of outgoing and incoming documents in client and case related folders and sub-folders accessible through word processor program and e-mail programs. The key to document management is diligence when the document is created or received. It is obvious, but often not appreciated, that the creator or

recipient of a document knows more about that document at the time of creation or receipt, than they, or anyone else, will ever know at some subsequent time. Your word processing system undoubtedly has a setting that demands that the creator of a document enter information about that document into a summary sheet the first time that document is saved or when the document is created. You have almost certainly not set your copy of the program or your secretary's copy of the program to require the entry of such information. If you are at all interested in keeping control of your documents, before you bother with a document management system, you should immediately set your personal copy of your word processor to look for summary input. When you generate a document in your office, you already have at least one computer file. When a document is received from the outside, before you can do anything else with it, you must first use a scanner to convert the page into a computer "image" file. Some firms are using fast production networked scanners with ADF (Automatic Document Feed) units to scan everything that comes into the office. Scanners differ mostly in price, speed of the scan, connection to the computer, scan resolution (the numbers of dpi or dots per inch) the scanner can handle and whether the scanner scans only black and white, a variety of half-tone gray scale, or real color. IX. SMALL FIRM TECHNOLOGY SECRETS Are you technologically challenged, or are you cutting edge? There are a number of tech secrets for small firms. How many of them are you taking advantage of? A. Exploiting the Internet.

Many attorneys talk about the Internet constantly, but small firms are not taking full advantage of what the Internet has to offer. Here are several Internet resources that a small firm could use to enhance their efficiency.

1. West Group and Martindale Hubbell are just two

of the many vendors who will design, maintain, and host your Web presence for very little cost.

2. Cybersecretaries (youdictate.com) offers a transcription service via the Internet. The attorney dictates into the telephone and the transcribed document is returned by e-mail.

3. Mapquest.com makes it so you never leave your office without a map showing you how to get from where you are to where you are going.

4. Kinko's (kinkos.com) will accept your Word, Word Perfect, or Adobe format document via the Internet, produce the printed document and deliver it to your door.


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5. Efax.com and j2.com are both Internet-based fax services that eliminate the need for a dedicated telephone line and standalone fax machine. For $8 to $15 per month you can have a fax number in your own area code where people can send you faxes, which are delivered to you via e-mail. You can use the service to send faxes or you can still use your own fax software from your computer to send faxes.

6. Feed-dog.com offers on-line training specifically for law firms. Anyone may sign up for courses in Microsoft Office, Corel's WordPerfect, and other software and skills development areas. These courses may be taken over the Internet. They can be taken at your own pace, wherever and whenever it is convenient.

7. Mail-cleaner.com is a service that scans all incoming e-mail messages for hidden computer viruses. Messages and attachments are automatically scanned and viruses are intercepted before reaching your network or computer. The complete service is provided via the Internet with no software or hardware purchase necessary.

B. Scanning

Scanners can really enhance an attorney’s ability to get their work done. Despite all the talk of an electronic age, too many attorneys are still photocopying exhibits and faxing them around the country when they could be scanning the pages, using Adobe Acrobat writer software to assemble the document, and e-mailing the document to a mailing list.

Check out scanning software and start using it. For example, Scansoft's Paperport software (scansoft.com) provides management tools that helps "stack" pages together to assemble the document just as if it were paper. The software helps to manage the scanned images into folders (if you wish) and it provides links to Adobe Acrobat Writer, Word, WordPerfect, e-mail and other applications.

The user interface works well. The user grabs the image of the document that was just scanned and drags it to the icon of the software where the user wants to save it. Dragging it to Word or WordPerfect initiates the built-in Textbridge OCR (Optical Character Recognition) software and opens the word processing software with the converted image in it.

Two other features of this software make it even more desirable.

1. "SimpleSearch," is a feature that allows you to

search for words within the text of scanned documents. A folder can be put on the Paperport desktop. Enable "SimpleSearch" to find documents that have been typed in the word

processing software or created in spreadsheet software.

2. "FormTyper" almost entirely eliminates the need for a typewriter in the law office. The user can scan a document or print a form from the Internet into the Paperport software, then grab the document and drag it to the FormTyper icon, and type whatever you want into the blanks. Once the user saves the document and returns to the Paperport desktop, they can drag the document to the printer, to an e-mail message, or to Adobe Acrobat to create or add to the pdf file that the user intends to e-mail to several people.

C. Voice Recognition

Is voice recognition software ready for use in the law office? Yes, but more importantly are attorneys ready for it? Voice recognition software can cut down on the cost of doing business. If an attorney who dictates even an hour a day makes the switch to voice recognition software, it has been estimated that he or she could save $13,200 in secretarial costs per year; that is, assuming they have other things the secretary could be doing to earn them money rather than transcribing dictation.

Voice recognition software lets the user speak into other computer programs like word processing and time and billing software. The main thing to remember about voice recognition software is that it can be a great waste of time and money if the user tries to make it produce complete, properly formatted documents. If it is used to capture the user’s words, similar to the way dictation machines do, and then let the secretary format the document, the attorney will get more benefit in the long run. An attorney needs to dictate into the software, print the document, mark it up, and give it to the secretary to revise and format.

Remember that the software still has to be trained. An understanding of words spoken with an unusual accent or Texas drawl cannot be programmed into software at the factory. Each attorney must teach the software to recognize his or her speech patterns.

D. Adobe Acrobat Writer with E-Mail.

When you use e-mail to send attached documents, you usually send the documents in either Word or WordPerfect format. You might want to think about using Adobe Acrobat Writer to prepare electronic packages to be e-mailed. Documents are sent in WordPerfect or Word form when the attorney wants the recipient to edit the document. Adobe Acrobat Writer should be used to e-mail documents that (1) the sender does not want the recipient to edit, (2) the sender wants to be sure the document prints at the recipient's office exactly like it prints at the sender’s office, or (3) the sender wants to include as part of the


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package pages that were either created with a different software package or are only on paper at the sender’s office.

To accomplish the third preference, use the scanner and the Paperport software to scan the documents, drawings, or exhibits. Drag the images to Adobe, and then use the Adobe software to assemble the package in the same way that a paper package would have been assembled. Not only does this create a nice, neat electronic package to e-mail to an entire mailing list but the electronic package to put into the client's electronic file folder already exists.

This techniques saves time for the law firm’s staff as compared to trying to send the same paper document as a fax. With e-mail (or the fax services over the Internet), there is no paper to jam in the fax machine and no busy signals.

E. Document Management

If a firm takes advantage of the document management software (DMS) features in its case management software such as Amicus attorney (amicus.com), CaseMaster (stilegal.com) or in Time Matters (timematters.com) or use a system like WORLDOX (worldox.com), DMS tools make it easier to find documents quickly.

1. First, DMS automates the process of saving

documents and later retrieving them. When a document is saved, the document is put in a pre-determined place.

2. Second, DMS indexes the text of documents and the text of the description of the document so that the user can find that text later. For example, the user could find all of the documents containing the word "executor" or all of the documents with "Last Will and Testament" in the title.

What can this do for you in billable hours? If the attorney’s billable hourly rate is $200 per hour and he or she wastes only one hour a week looking for documents or waiting for his or her support staff to locate documents, that attorney spends $10,400 in the effort every year. Several studies have estimated that the average attorney loses $40,000 in billable time each year looking for files. Document management software costs about $350 per license. F. Law Firm Web Sites: Get a Return on Your

Investment The first step to building your presence on the

Internet is to design a Web site that clients and other professionals will want to visit and come back to. If a law firm is going to have a Web presence, it needs to analyze their site by the usability standards. Many law firms' current Web sites don't work for them. They may look great but if they are too hard to use (which they

often are), they may be “turning customers away from the store”. The navigation tools and directions are often hidden behind "mouse-overs," visitors are slowed down by movies, or the firm's message is lost in a blizzard of text. This completely defeats the communication purpose of a Web site. A Web site should be user friendly. The navigation of a Web site should be self-evident and require no explanation.

The design of a Web site is more important than just content and bells and whistles. The new direction is a huge change in the thinking that went into Web site design during the 1999-2000 technology boom. Originally, to impress the CEOs of Internet companies, firms developed their Web site for technophiliacs and included every new technology that came along. During this period, firms collectively poured huge sums of dollars into a Web site, but much of the money was wasted on high-tech bells and whistles that junked up the Web experience. Law firms started putting animated flash videos on their sites, sometimes with sound. The effect was to throw a barrier in the way of the visitor. Some of the flash videos even required downloading plug-in software, in effect adding an admission price to the visit to the Web site.

Some firms crammed every conceivable choice onto their home pages, presenting a jumble of options that overwhelmed viewers. Some of these sites included scrolling screens of text that competed for attention and made the visitor sea sick. Other sites included moving graphics that distracted visitors away from what they wanted to find. What got lost in this period was the concept of usability.

How does a law firm know if its Web site meets the criteria of usability? There are several maxims to assess whether or not a firm’s Web site passes "usability" muster. Many usability rules might not be logical, but they reflect the way people use Web sites. Other rules reflect the way that major business sites, like Yahoo! and Amazon.com have built their sites, because many people are accustomed to them. All usability rules are based on common sense.

1. Don't market your organization; organize around

the market. Typical firm Web sites reflect the firm's internal organization, listing "departments" and "practice groups," just as they are listed in the firm's attorney manual. Firms typically use confusing group names like "corporate finance" and "securities," which sound the same to clients. This is not how clients find attorneys. Corporate counsel search according to their industry and will examine sites for terms like "automotive" or "electric utility." To make Web sites usable for clients, firms need to spell out what they do according to business and industry lines.

2. Put the site ID in the top left corner. The site ID is the name of your law firm and it should be


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placed where people look first -- the top left corner. This is where people start reading a book and start viewing a Web site. Don't make the mistake of putting navigation bars on top of the site ID or putting the ID in another location. Take advantage of the number one spot where people look on a Web site.

3. Get rid of the introductory movies and pop-up screens. Many sites show videos when a visitor first arrives at the site, which doesn't add anything that the viewer will remember. These videos all have "skip introduction" buttons, which is what the designers should have done in the first place. Smart firms will delete the intro movies and let visitors get to the point. The videos take forever to download at 56K, which is still the predominant method of connecting to the Web. It's also how clients go on line when they're on the road.

4. Make graphics clickable. When people visit a site, they first look for something to click on. But often a visitor must conduct "minesweeping," clicking on pictures first and clicking text second. Don't put a graphic on your site unless it does something. If it is just there as window dressing, then delete it and put something useful in its place. Space on your site is just too valuable to waste.

5. Minimize animated graphics. Moving graphics are designed to do one thing -- grab your eye. They can become distracting little nuisances that eventually will annoy your visitor. What's worse is that some of the moving graphics require a special download to properly see the firm’s Web site. Without the download, the Web site is often very difficult to endure. If a firm must have a moving graphic, then the firm must at least have the moving graphic point to something it wants to highlight.

6. Design for the disabled. In the United States alone there are 30-plus million people who have a disability that makes it difficult to use a computer. That's too large a client base to ignore. Disabled clients are very loyal once they find a law firm that can accommodate their needs. For example, blind users have Web browsers that turn text into sound, essentially reading the screen to them, so every graphic should have an ALT tag describing it. Text should be "chunked" into short paragraphs with a topic sentence.

7. Label the links. Links to other pages in the site should be called by familiar terms. For example, don't offer a "Tools for Success" link for "seminars." Don't call a link "Legal Edge" if it's really the "Events and News” page.

8. Every page should be printable. Web sites shouldn't be so wide that the right edge is cut off when people print it out. Clients hate that. It's

harder to read text on a computer screen than it is on a piece of paper, and clients want to be able to print out what they see. The dimensions of your site need to be set at no more than 600 pixels wide, which will print out nicely. Some sites offer a "print friendly" button on their pages, which is adequate, but why not make the page printable in the first place.

9. A Web site is only as good as its content. The content needs to be useful to the visitor. It must be updated regularly and additional content needs to be added often. The content can be generated in response to inquiries from clients. If a site becomes stale, then the Web traffic will decrease quickly. An outdated Web site with stale content will make a poor impression on potential clients.

10. One of the main reasons legal Web sites are visited by the general public is because the site has links to other Web sites of interest to the visitor. If a firm can get its clients and potential clients to use their Web site as the jumping off spot to find other on-line resources applicable to that client’s business or personal problem, then the firm has one foot in the door for gaining or retaining that person as a client. It also keeps the firm and its capabilities out front and in the mind of the client. It is a wonderful marketing tool as well as providing a great resource for the client. If the Web site also has sites of interest to other professionals, then the site can be an excellent marketing tool for referral business from those professionals. It keeps the firm in the mind of the other professionals and helps to build confidence that the members of the firm know what they are doing. These links can save time and be a resource that gives you a competitive edge.

11. Make the Web Site Useful to the Practice of Law. The firm’s Web site needs to be an educational tool as well as a tool to make the practice of law easier. Clients can visit the firm’s Web site and check out the answers to FAQ’s about routine matters, firm administrative policy, and firm procedures. FAQ’s can also provide general background answers and information so that they do not have to ask the staff or the attorney at a time of their choosing. This has the benefit of getting their questions answered and finding out what other information might be helpful to them without having to call the attorney. The firm’s Web site can have copies of articles and memos explaining technical areas of the law. Clients seem to have greater confidence in their attorneys when they see that their attorney is recognized by other attorneys as someone who is qualified to teach them about the law. Client information forms and checklists can also be loaded on the Web site so that clients can prepare in advanced


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for an upcoming appointment. A client who comes in with general background information and organized data is a client who will not waste the time of the attorney or the staff. Generally, this type of client has a better working relationship with the firm and enjoys their legal experience more than the client who is totally uninformed and totally disorganized. The disorganized client will generally have a larger legal fee and will be more frustrated which means that their legal experience and the attorney’s relationship with that client will not be as pleasant.

12. Promote the Web site. When a firm’s Web site is up and running, then all the attorneys and all the staff need to promote it. The firm Web site needs to be promoted every chance anyone in the firm gets. Examples of how this can be done are as follows:

a) Modify the firm letterhead to prominently

reference the firm Web site. b) Add a reference to the firm Web site on all

real estate documents, contracts, business entity documents, and wills and estate planning documents.

c) Add a reference to the firm Web site and discuss its benefit and use to clients in the firm’s engagement letters.

d) Add a tag to every attorney’s and every staff member’s voice mail message referencing the firm’s Web site.

e) Add a tag to all outgoing e-mail messages from the firm referencing the Web site.

f) Whenever a new or potential client calls in to the office, have the person answering the phone refer them to the Web site.

g) Require each attorney and staff member in the firm to visit the Web site and get familiar with its content so that they feel comfortable referring someone to the Web site.

h) Add a reference to the Web site on all business cards.

i) Refer other attorneys and other professional to the Web site.

j) Develop a special brochure or card promoting the benefits of the Web site to clients and hand them out and leave copies in the waiting room.

k) Whenever the firm is requested to sponsor or place an advertisement for a local organization, event, or community project and the firm puts its name as a sponsor in the program also add a reference to the Web site.

l) Put something in the firm’s lobby that promotes the Web site.

G. Designing Your Web Site. Identify your goals. What do you want to achieve

with the site? Will you use this site to disburse information, or do you merely want a Web presence so clients can find you on line? Do you already have a logo that your site designer must incorporate in their design? Designing your site can be as simple – or as complex – as your imagination and/or budget allows. Before you can decide the approach you want to take to accomplish all of your goals, you should know the difference between Web designers and Web developers. Designing a Web site is actually very different from developing one. The design is what your clients see – the pages that display the graphics, the images, and the text on your site. Developers are a new breed of Internet professionals who can help you build your Web site. Web developers make a site work. Developmental functions include making images change or move, allowing visitors to view different pages or enter data about themselves, or performing transactions.

Can an individual be both a Web designer and a Web developer? Yes. In fact, for the sake of convenience and cost, you may want to find an individual that is both. For ease of discussion, further reference in this outline to a Web designer will include both the designer and developer. As with filling almost any position, referrals are your safest bet. Ask other firms who built their site. Visit the sites of other firms that match the size of your own. If you like the look and functionality of the site, check the site to see if the designer is listed. If not, call the firm to inquire who designed their Web site. Then it’s time to do your homework. Find out if the designer has his or her own site. Take a good look at it.

To find the right Web site professionals, use techniques similar to those you’d use to hire any other type contractor. Look at their past work. Have they worked on Web sites that resemble the site you have in mind for your firm? Find out exactly what services he or she can provide. Are they capable of developing the back-end functions or are they only able to redesign the look of your site? Ask if they will be able to take your project from start to finish, or will you need to seek additional contractors to complete the job? Find out which specific employees will be assigned to your project and about their individual experience. Check references. Former clients can give you the real scoop on what it was like to work with this particular Web site professional. As them specific questions: Did they meet deadlines? Were they flexible? Did they set and meet realistic goals for their firm? Would they work with this contractor again? What team members were responsible for which parts of the site? Agree on costs. How do they charge for their services. Get an exact estimate for how long it will take to complete the project. Include the agreed-upon dates in your contract


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and provisions for what will happen if these dates are not met. Make sure you can periodically view the progress of their work as the site is being built. You will also want to have final approval on each stage.

When interviewing potential Web professionals, keep the following questions handy: Will they test your design across multiple browsers, and if so, which ones? Are they capable of adding any back-end functions to your design? Are they willing to design around items you’ve already had designed, such as your firm logo? If you don’t have a firm logo, are they willing to design one? Will they include meta tags for you? How long have they been in business and who are their current clients? Have they won any Web design awards? Do they have a basic understanding of your firm and your goals. If they cannot finish the project by the agreed-upon date, will they continue to charge the regular hourly fee to finish? Will they be taking on other projects while working on yours?

The cost of designing a Web site is tricky business. Web designing is a relatively new profession and even Web designers themselves are uncertain as to how much they should be charging. A good Web professional will ask you questions about your specific needs and your expectations to determine the amount of time and work it will take to complete the project. Then they will submit a proposal. Have each potential candidate submit a written bid so you can compare bids. The full cost of the project will be determined by the designer’s hourly rate and the number of hours per day the designer plans to work on it over a specific time period. Some designers are willing to negotiate a flat fee for the entire project. The hourly rate for Web design work tends to be between $50 and $100. You might find someone who charges less than $50 per hour, but that will likely be someone who is still fairly inexperienced. If your budget is small, you might could consider someone with a little less experience and ask them to design one or two sample pages for you to see how you like their work. A high-end designer, one with several successful designs and one who is capable of developing back-end functions, will be in the $100 area, or possibly more.

H. Extranet Capability

Attorneys are recognizing the power of extranets to develop their practice. With increasing frequency, clients, too, are considering extranet capabilities when selecting outside counsel, especially for certain matters of regular representation. Law firms seeking to expand their real estate, estate planning, business, and litigation practices need to give serious consideration to extranets.

An extranet is a secure Web site maintained by law firms or clients, or by a Web hosting service. The extranet provider controls access and security through user names and passwords it assigns to authorized

users. Just about any kind of information one can see on a Web site can be posted on an extranet.

The person accessing an extranet site usually does not need to purchase any equipment or software and usually requires only Internet access and a current Web browser which most clients and attorneys already have. A well-designed and implemented extranet requires virtually no training for either the people inputting data to it or those accessing information from it. Security should, at a minimum, be secured socket layer for Web access.

Innovative extranet implementations include:

1. Pleading Files. Litigators can use an extranet to maintain their pleadings index and images of the pleadings in their case, both of which can be accessed by their clients or by co-counsel at any time from anywhere.

2. Matter Management. Attorneys can keep track of key information about each case they handle for a client, including the jurisdiction, the judge, names and addresses of opposing counsel, case type and case status.

3. Calendaring. This function enables attorneys to keep a list of all upcoming events so that they, their client and their co-counsel are working with the same set of dates. If possible, law firms should build in e-mail alerts to provide advance notice of upcoming events.

4. Complex Litigation Coordination. In complex, multi-case litigation, such as multidistrict litigation proceedings, attorneys can integrate pleadings and matter management for multiple, related, and coordinated cases into one extranet. This produces an extranet site with one unified calendar and list of events for all cases and offers clients one place to go for all the information they need.

5. Produced Documents. Images of all documents produced can be made available over an extranet with a full, searchable bibliographic index for each document.

6. Key Documents. A client may prefer to have only a set of key documents made available, including commentary and analysis by counsel on the significance of the documents.

7. Document Production to Opposing Counsel. Some attorneys are doing document production via extranets.

8. Depositions. Attorneys can make electronic files of deposition transcripts available to clients and co-counsel. Better yet, attorneys can make those electronic files fully searchable by their clients and add note-taking and issue identification capability, allowing their clients to go to the deposition sections that the attorneys consider


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most important, and to exchange thoughts with the attorneys through the notes.

9. Chronologies. Attorneys can keep a master chronology for a case on the extranet, giving their clients full-time desktop access to the most important facts in the case. They can also link chronology entries to images of relevant documents, witness interview notes, or even deposition excerpts.

10. Witness Lists. Attorneys are able to keep an on-line witness list of all the people involved in a case, together with their addresses, other contact information, and whether they are fact or expert witnesses. This function also allows for issue identification, attorney analysis of the witness' significance, and even document images or attached document files of witness interviews, evidentiary documents, or deposition transcript excerpts.

11. Task Lists. This function enables attorneys to share with their clients over an extranet an integrated list showing what each member of the team is doing on a case and the status of the case. This is especially helpful in large transaction and litigation matters. Clients will find this a convenient, cost-effective way to monitor closely the activities of their counsel.

12. Research Library. Attorneys can create a fully indexed library of research and factual analysis memoranda. They can even attach images of the key court cases that they or their clients consult regularly in the course of a case.

Attorneys and clients are using extranets for a variety of non-litigation matters as well, including virtual data rooms, tracking the status of multiple contract negotiations, for monitoring patent prosecutions, creating shared databanks and form files, delivering electronic documents to clients, lenders and title companies, and even negotiating complex transactions. Clients operating on the cutting edge of this labor-saving technology are even receiving attorney invoices, managing the invoice review process, and paying outside counsel all through an extranet. These and other specialized applications can be customized to a particular case.

From the client's perspective, the three advantages of an extranet are that it is better, faster, and cheaper. The client gets better information because the information comes directly from the attorney and is already organized for the client directly on the client's desktop. The information is received faster because as soon as the attorney updates the data on the extranet, the client has it. It is cheaper because the attorney spends less time on letters and phone calls to communicate information. Clients usually can

also save on internal administrative costs because extranets eliminate much of the need for filing and keeping track of information pertaining to a case.

Some corporate law department managers have discovered, as an unanticipated benefit, that extranets supplied by their outside counsel can help them meet their own information technology development challenges. They are under the same pressures from senior management to leverage the Internet and automate routine functions as other parts of their company. But they find themselves at the back of the line at their information services department when it comes to procuring equipment, applications, and support. Outside counsel can really help clients by providing extranets that satisfy law department needs at no additional cost, and using equipment and applications the law department already has.

Extranet-based information is available to clients 24 hours a day, seven days a week, from home, from the office, or from anywhere an Internet connection is available.

For attorneys who use extranets, a huge benefit is simply more satisfied clients -- clients who believe they are getting better value for their legal-services dollar. In addition, attorneys who use extranets find themselves much more closely connected with their clients, perhaps becoming a virtual extension of the legal department.

How does a law firm set up an extranet? There are two approaches: the internal approach and outsourcing. Whichever route a firm takes, however, it is important that the extranet pages be driven by databases, and not appear in a flat Web page format. Most of the litigation tools described earlier require a database engine to drive them effectively.

Some attorneys have elected to develop their own extranet tools (the internal approach) but may host the site either internally or through a hosting vendor. Advantages to the internal approach include:

13. Security access and control. The law firm retains control over the data and who has access to it. Some clients will probably feel more comfortable with a attorney-developed site instead of entrusting control over access to their privileged information to an unknown third-party Web hosting service.

14. Custom extranet tools. Like a custom-built house, a custom-built extranet looks just the way attorneys want it to and provides just the information that they want to deliver to their clients. Vendor-developed extranets sometimes provide only a standardized tool with limited flexibility or opportunity for customization.


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15. Integration. Law firms may be able to pull data from some internal systems such as budgeting, accounting or other matter management directly into their extranet tools.

X. ADVANTAGES OF OUTSOURCING Other firms find that outsourcing the extranet function to a vendor works better for them. Considerations for outsourcing include being sure to investigate thoroughly the vendor's security and reliability, including backup procedures and redundancy; and using care with the terms of the contract the firm or its client executes to ensure it is clear that the law firm and its client own the data, and that the vendor is to deliver it in a usable format, on demand. An extranet set up through a vendor often takes much less time to set up than an internally developed site. Unless a law firm running its own extranets has reduced them to a series of standard templates which can be customized quickly for specific cases, internal development time and expense can be substantial. Outsourcing frequently saves law firms the substantial up-front expense necessary to purchase equipment and to build the extranet tools. Those development costs, if incurred internally, often cannot be passed on to the client. Of course, outsource vendors may charge substantial fees, together with monthly service charges, but law firms often can share those expenses with their clients. Outsource vendors often provide greater bandwidth, technologically and in terms of support personnel, as well as superior scalability. Using an outsource vendor saves the law firm the expense of maintaining the in-house staff of Web developers required to design and implement their extranet tools. Note that when evaluating an extranet provider, an extranet user should not rely exclusively on glossy sales materials and PowerPoint presentations with screen shots of extranet pages. An extranet provider, whether a law firm or an outsource vendor, should be able to provide a live interactive demonstration enabling attorneys to use from their own computers each of the proposed extranet support tools. Whether a law firm uses an outsource vendor or builds the extranets itself, the firm and its clients will likely find them to be a win-win solution. Extranet capability will be a key element of any sophisticated practice in the years to come, and one that clients will be demanding of their regular outside counsel. XI. CONCLUSION It is very confusing and there are too many choices. Just as you are learning one technology or automation program, another one comes out. The programs and gadgets have too many options and

settings to comprehend. There are not enough hours in the day to spend time with your family, pursue your hobbies, perform your civic duties, learn new technology and automation programs, and do your work so that you can make a living and avoid malpractice. The only hope we have is that we do commit the time and the effort to learn the programs and the technology, so that we can prove that old dogs can learn new tricks. There is an old saying that states that “a wood cutter does not lose time sharpening his axe”. So sharpen your axe, learn new tricks and enhance the quality of your practice.


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BIBLIOGRAPHY

Baird, Thomas C. “A 21st Century Office”, Probate and Property Magazine, July/August 2001

Bayer, Barry D. “The Paperless Office and the Visioneer OneTouch 7100 Scanner”, Law Office Technology Review, 07-22-2002

Bodine, Larry. “Law Firm Web Sites: Get a Return on Your Investment”, Law Technology News, January 7, 2002

Dratch, Dana. “Not Enough Attorneys Are Taking Advantage Of The Tremendous Advances In Law Firm Technology”, Fulton County Daily Report, 07-22-2002

Evans, Storm. “Small Firm Technology Secrets”, Law Technology News, January 28, 2002

Internet research on web design

King, Christopher. “Extranet Capability Offers Litigation Advantages - From the client's perspective, the technology is better, faster and cheaper than other services”, The National Law Journal, November 26, 2001


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THOMAS BAIRD’S TOP TEN TECHNOLOGY TIPS

1. Document (Knowledge) Management Programs allow centralized access to all data servers where all client digital files exist, consisting of word processing documents, all scanned documents, all faxes, all emails, all voice mails saved as .wav files, and anything else that can be placed into a digital format for filing in the “client’s file”. The core of our system relies on integration with as many programs within our system as possible. [Our choice was WOLDOX, www.worldox.com., $395 each concurrent user and $70 per year maintenance. We find that basic training for new employees requires only a few hours to have them up and going.]

2. Thermal Label Printers for CD or DVDs allow you to provide your client with a disc containing all of the scanned final transaction documents on a much more professional looking disc (no sticky labels that come off - no smudged marking pen). There are some options out there for very basic label burners for as low as $100 and as high as $2500 for multi-color higher volume printers. [We picked up a Primera, www.primera.com, for $150 for a single disc- single color printer.]

3. Multiple Monitors can increase your productivity with the use of multi-tasking, document comparing, viewing an expanded view of spreadsheets, and constantly monitoring your messaging activity, all this achieved at a very small cost:

a. the small cost of an additional monitor (as little as $100); and

b. an additional or replacement video card, price range of which is from $40 up to $150 for cards that can handle more than one monitor. Most major video card manufacturers have drivers and software that will allow you to change how your existing computers and video cards can be utilized [check out www.ati.com or www.nvidia.com.]

4. Voice Mail to Email was added to our Samsung telephone system by adding a very basic computer running a Telekol software, TVM 2002 for NT. This dedicated voicemail server grabs a copy of all voice mails left on the telephone and sends it through the Exchange Server to the appropriate email address. This can then be filed away in the “Client’s file” and is often forwarded to others within our firm for action. [The initial added cost to existing phone system was about $3,500. There are many options out there for most major phone systems.]

5. Faxes to Email allows all faxes to be turned into digital format and sent and received from the users desktop. The fax is transmitted as an email with the fax as a PDF attachment. All incoming faxes are received in a public folder accessible to everyone. No more faxes stapled together or sitting on the wrong person’s desk, and most importantly, can be viewed immediately even if you are connecting to the network from another location [We use a GFI product, FaxMaker for Exchange/SMTP, www.gfi.com, which runs $450 for 10 users, $700 for 25 users and additional costs of $70 per user maintenance per year.]

6. Use of more of the features within our Email System accomplishes many of the benefits offered in many third party programs. We tried to provide more training for our staff in using many more standard components of Microsoft Outlook to better use a program we already own instead of purchasing an additional program for everyone to learn. By using the Custom Fields in Outlook contacts, which also interacts with Word, we are able to store info to be used in mail merges and merging for document templates. In Linking Contacts to other contacts within our office-wide public contact list we are able to show relationships between contacts. In designating multiple Categories to each contact you are able to redefine the views and searches within our 7,000+ contact list to much smaller defined groups for tasks such as mail merges. [Cost of training was very little. Microsoft provides some decent step-by-step training on these components on their web site. We were able to avoid the cost for some of the third party software that would have required additional training. We often hear that firms have purchased third party software; but, many in the firm do not use the programs because they have been unable to take the training or find the use of them to be too difficult.]

7. Security Monitors are located at key locations within the office that allow each person logged onto the network locally or from another location the ability to view cameras through out the office. [This can be achieved for a minimal cost with web cams, or better cameras and software can be installed to give network access.]


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8. Web Site Depository has allowed us to improve our client relationship management by allowing us the ability to post files for collaboration at the web server through our web page and allows us the ability to maintain a client calendar for our clients to view at any time. It eliminates the need to email large documents and tremendously aids in litigation when there are several attorneys or parties involved. Documents can be posted and reviewed by the client or opposing counsel by logging into our secure web site.

9. Remote Access with laptops or any computer anywhere allows our users to connect to our network at any time and give them a virtual desktop to use that does not have resource limitations. A user can connect to a center server to their desktop and be able to reach any resource that can be reached while on site. This virtual desktop allows access to all client files, time and billing programs, email clients, and even our security cameras if needed. [We use Microsoft Windows 2003 Server Terminal Services, www.microsoft.com, on a dedicated server which has been placed onto a secure dedicated DSL connection. Cost is $12,000 to $15,000 depending on the cost of the machine, the number of licenses, and type of high speed connection needed, most of which cost was for the server.]

10. Off-site Backup is used to allow us a mirror copy of our data server containing our client file data. A “twin” computer, placed at an alternate site, uses software to push a copy of all changed files through a secure tunnel to give us the ability in the event of a server failure to go to the other location, unplug and transport the machine to our office and be back up in a very short time. That, coupled with a feature of our document management program, which also mirrors each document as it is modified, could have us back to the same moment in time as the failure within a few hours. [Costs for data servers and dedicated high speed connections have really seen some reductions in recent time, so this is now an option affordable to many. We are using a Veritas, www.veritas.com, product to replicate the files to the new location. More and more firms now locate companies that provide secure off-site repositories for this peace of mind.