Bit by Bit: Effective Use of People, Processes and Computer Technology in the Practice of Law

Bit By Bit

Effective Use of People, Processes And Computer Technology in the Practice of

Law

Two Points to Ponder

“If you can’t describe what you are doing as a process you don’t know what you are doing.”

W. Edwards Deming“Drive out fear. No one can put in his best performance unless he feels secure.”

W. Edwards Deming

Why?

• Technology a Part of Rule 1.1’s “Maintaining Competence”

• Client demands• Business model disruption• It is not going away• Makes You a Better Lawyer

Why? Lawyers are Information and Knowledge Workers

• Manage information– Collect, organize, store– Protect

• keep it confidential (Rule 1.6, RPC)• keep it safe (Rule 1.15, RPC)

– Review– Share/Communicate– Retain/Destroy

• Apply knowledge to information to provide solutions

Why Are Computer Tools So Useful?

• External Memory (Storage and Organization)• More Connections (Marketing, Information

Sharing)• Communication and Publishing (Automation,

Collaboration)

Is Computer Technology Always The Best Tool?

Computer Technology is Just One of Your Essential Tools (And You Need Them All)

• People• Processes• Computer Technology

Why Do Lawyers Resist Technology and Change? (Haste)

It is very difficult to change the wheels on a moving car. – Richard Susskind

Why Do Lawyers Resist Technology and Change? (Hesitancy)

“Technology is Someone Else’s Problem” (Hubris)

Resistance to Change- One View• Why do lawyers resist change? Because we are successful.• Why are we successful? Because we hold on to practices that make us successful until

they become habitual.• Why don’t we try new things? Because it takes energy to learn a new habit• Why do we need habits? Because to compete successfully, we must able to instantly

respond to the environment; we cannot take the time to think every time before acting. The faster we can react, the more likely we are to survive when confronted with danger.

• When do we create new habits? When we confront a situation where existing habits don’t work, we conclude a new habit is needed, and we have enough time to create one.

• Why does it take a long time to change habits? Because if we change immediately every time we encounter a new environment, we will constantly spend energy on changing — energy that we need to survive. And whenever we encounter a new environment, our first reaction is fear. It has to be fear because before we take any action, we must ensure that we can survive. We use this fear to keep us safe.

From “Understanding Fear of Process Improvement”, Brad Power, HBR Blog Network, September 27, 2012, http://blogs.hbr.org/2012/09/understanding-fear-of-process-improvement/

Deal With the Hesitancy and the Haste: Drive Out the Fear (and Awe) of

Technology• “Drive out fear. No one can put in his best performance unless

he feels secure.” – W. Edwards Deming• Computer Technology Not Your Problem or Your Solution• Technology is a verb. • Computer Technology is just one tool (processes, people,

computer technology) • Pause and Plan, Don’t React

Address the Hubris: Adopt a Growth Mind-Set

Paradox: You Have to Ignore Technologyto Plan How to Use It

• Technology is a Distraction• Lawyers Require Sustained Attention-

– Minimize Your Beeps and Notifications (and your Interruptions and Meetings)

– Guard Your Attention Jealously• It’s Not What You Read, It’s What You Ignore

Make a Plan to Improve The Way You Manage Information and Knowledge Assets• What information and knowledge is important to

your practice?• What Are Your Tools?

– What Are Your Current Practices and Processes?– How Do You Use Computer Technology?– Who Are Your Key Knowledge Workers?

• What Can Help You Get Better?

Take Stock of Where You Are

• What information and knowledge do you use regularly?

• How does information flow in your office?• How are information and knowledge organized

and stored? • Identify barriers to sharing information and

knowledge

Identify Your Current Tools

• Processes• People• Computer Technology

None of These Tools Works In Isolation

• No computer technology cures a bad process • Computer technology is useless (or worse) if you

don’t know how to use it.• An unused process has no value• An investment in “technology” is not necessarily

what you think.

Identify Processes and Better Practices

• Your “know-how” • What works and what you use repeatedly• Technology processes are no different from

other processes

Manage Processes and Better Practices

• Why Use Your Head as a Storage Device?• Document a Process Well One Time, Never Have to Document it

Again• The Checklist Manifesto • Benefits:

– Delegates – Reduces Mistakes– Promotes and standardizes best practices– Stays with the organization– Encourages revision and improvement (Productivity)– Capable of application in other areas (Innovation)– Rewards input and collaboration

Don’t Forget Your People

• People implement, follow, and improve processes.

• Computers only do the things people tell them to do.

• Untapped potential in all your programs

Train and Learn

• Share Processes• Enable your Bright Lights• Train your Hot Spots • Use Resources At Your Fingertips• Repeat, repurpose, re-post

Helpful Tech Tools

• Checklist tools• Flow Charts and Mindmaps• Forms and Templates• Collaborative Tools• Knowledge Management

Keys for Your Plan

• Own, Encourage, and Follow Through • Provide adequate resources for the long

term• Get Buy-In (involvement, training, rewards)• Recruit (from within and without)• You Have to Know What You Don’t Know

Practical Tips To Get You Started • Any office task you do repeatedly will improve with computer technology.• Any “How do I do this?” question can be answered by you. Not by IT, not by

anyone else.• Before seeking (human) assistance, put your question/issue/problem in

quotations and paste it into The Google.• If you asked it, someone else wants to know the answer, too.• When in doubt, right click and undo.• Study and Practice the Art of Finding (Be Your Own Librarian)

– Use the search and find functions in all programs.– Name and organize documents according to a plan (so you can find them)

• Tag and Label • Sort and filter

– Before closing a matter, “harvest” all information and knowledge that you may use again, and store where you can find them.

Practical Tips For Popular Programs • Microsoft Word

– Use Styles for numbering any multilevel list.– Use Templates, and Automatic Tables of Contents and Authorities in Briefs– Hyperlink and cross-reference in contracts.– Use QuickParts and AutoText

• Microsoft Outlook– Use Folders– Create Rules– Sort, Search, and Flag

• PDFs– Create using a print driver and make them searchable.– Bookmark– Extract Pages– Reduce File Size– Batch Operations/Actions to Multiple Files– Bate stamp electronically.

Cause for Optimism – These Tools Enable Some Amazing Things

• Flexibility• 24/7 Access• Expanded Reach• Increased Networking and Mentorship

Opportunities• More Choices Than EverFrom “5 Things 21 Century Lawyers Should Be Thankful For in 2013, by Nicole Black, MyCase Blog, www.mycase.com/blog/2013/11/5-things-21st-century-lawyers-thankful-2013/

Conclusion

“Things that aren’t planned, don’t happen!”-- C.L. Kendall

Questions?Jack PringleAdams and Reese LLP(803) 343-1270

jack.pringle@arlaw.com @jjpringleschttp://pringlepracticeblog.blogspot.com

1501 Main Street, 5th FloorColumbia, SC 29201www.adamsandreese.com

Resources - BooksTomorrow’s Lawyers: An Introduction to Your Future, by Richard Susskind http://www.amazon.com/Tomorrows-Lawyers-Introduction-Susskind-Richard/dp/B00BXU8ECM Locked Down: Information Security for Lawyers, Sharon D. Nelson, David G. Ries, John W. Simekhttp://www.amazon.com/Locked-Down-Information-Security-Lawyers/dp/1614383642

LinkedIn in One Hour for Lawyers, Dennis Kennedy, Allison C. Shieldshttp://www.amazon.com/LinkedIn-Hour-Lawyers-Dennis-Kennedy/dp/1614383480

Adobe Acrobat in One Hour for Lawyers, Ernie Swensonhttp://pdfforlawyers.com/acrobat-for-lawyers/

Cloud Computing for Lawyers, Nicole Blackhttps://apps.americanbar.org/abastore/index.cfm?fm=Product.AddToCart&pid=5110724

The Curmudgeon’s Guide to Practicing Law, Mark Herrmannhttp://www.amazon.com/The-Curmudgeons-Guide-Practicing-Law/dp/1590316762

Resources- Books The Checklist Manifesto: How to Get Things Right, by Atul Gawandehttp://www.amazon.com/Checklist-Manifesto-How-Things-Right/dp/0312430000

Smarter Than You Think: How Technology is Changing Our Minds for the Better, by Clive Thompson http://www.amazon.com/Smarter-Than-You-Think-Technology/dp/1594204454

Mindset: The New Psychology of Success, by Carol S. Dweck, Ph.Dhttp://www.amazon.com/Mindset-Psychology-Success-Carol-Dweck/dp/0345472322

Collaboration: How Leaders Avoid the Traps, Build Common Ground, and Reap Big Results, by Morten Hansen http://www.amazon.com/Collaboration-Leaders-Common-Ground-Results/dp/1422115151

Management Challenges for the 21st Century, Peter F. Druckerhttp://www.amazon.com/gp/product/0887309992

Switch: How to Change Things When Change is Hard, Chip Heath and Dan Heath http://www.amazon.com/Switch-Change-Things-When-Hard/dp/0385528752

Resources- Articles and Posts“It’s Not What You Read, It’s What You Ignore,” Scott Hanselman, available at http://www.hanselman.com/blog/ItsNotWhatYouReadItsWhatYouIgnoreVideoOfScottHanselmansPersonalProductivityTips.aspx

“13 Tech Tips for 2013,” ABA Law Practice Management Section, Volume Number 2, March/April 2013, available at http://www.americanbar.org/publications/law_practice_magazine/2013/march-april/13-tech-tips-for-2013.html

“How Much Time You Should Spend Automating a Task,” Lifehacker, http://lifehacker.com/how-much-time-you-should-spend-automating-a-routine-tas-486199387

“Overcoming Lawyers’ Resistance to Change (Part 1): Find the Feeling,” the Legal Business Development Blog, August 4, 2010, available at http://adverselling.typepad.com/how_law_firms_sell/2010/08/overcoming-lawyers-resistance-to-change-part-1-find-the-feeling.html

“Let’s Stop Focusing on Shiny Gadgets and Start Using Tech to Empower People,” by Margaret Stewart, Wired Online, September 7, 2013, available at http://www.wired.com/opinion/2013/09/focus-on-people-not-tech-and-other-impt-lessons-for-interaction-design-and-life/

“Systematize to Optimize Your Legal Practice – Part One: Why?”, Debra L. Bruce, Lawyer-Coach, LLC, available at http://www.lawyer-coach.com/index.php/2012/09/05/systematize-to-optimize-your-legal-practice-part-1-why/

Resources- More Articles and Posts

“Breaking the Barriers to Knowledge Sharing”, by V. Mary Abraham, Law Technology Today, ABA Law Practice Management Section, July 8, 2013. Available at http://www.lawtechnologytoday.org/2013/07/breaking-the-barriers-to-knowledge-sharing/.

"Raising the Bar on Technological Competence — the Outside Counsel Tech Audit.” D. Casey Flaherty, LegalTech West Coast, available at http://pdfserver.amlaw.com/ltn/LegalTech_West_Flaherty_Keynote.pdf

“Troubleshooting: It’s Not Always the Technology”, by Andrew Z. Adkins, III, Attorney at Work, September 13, 2012, available at http://www.attorneyatwork.com/troubleshooting-its-not-always-the-technology/

“8 New Apps That Have Transformed My Productivity (and given me 4+ hours more a day), Maneesh Sethi, Hack The System, September 9, 2013, available at http://hackthesystem.com/blog/new-apps-that-have-transformed-my-productivity/

“Managing your Time and Office with System and Tech Tools: Getting More Done With Less”, Carolyn Elefant, available at http://www.slideshare.net/carolynelefant/michigansystemrevised

Resources - ToolsBasecamp https://basecamp.com/

Camtasia http://www.camtasiastudiosoftware.com/

Evernote www.evernote.com

Freedom www.macfreedom.com

LeechBlock http://www.proginosko.com/leechblock.html

Mindmeister www.mindmeister.com

Ommwriter www.ommwriter.com

TheForm Tool www.theformtool.com

WikiSpaces www.wikispaces.com

Resources- Websites

ABA Law Technology Resource Center http://www.americanbar.org/groups/departments_offices/legal_technology_resources.html

Attorney at Work http://www.attorneyatwork.com/

Clio http://www.goclio.com/

Law Office Guru http://legalofficeguru.com/

Law Practice Matters http://www.lawpracticematters.com/

Lawyerist http://lawyerist.com/

Legal Ease http://legalease.blogs.com/

Legal Productivity http://www.legalproductivity.com/

MyCase http://www.mycase.com/blog/

MyShingle http://myshingle.com/

Paperless Chase http://www.paperlesschase.com/

SC Bar PMAP http://www.scbar.org/MemberResources/PracticeManagementPMAP.aspx

Technolawyer http://www.technolawyer.com/

Resources - Podcasts

Kennedy-Mighell Report http://legaltalknetwork.com/podcasts/kennedy-mighell-report/

Lawyer 2 Lawyer http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/

Legal Toolkit http://legaltalknetwork.com/podcasts/legal-toolkit/

The Digital Edge http://legaltalknetwork.com/podcasts/digital-edge/

The Unbillable Hour http://legaltalknetwork.com/podcasts/un-billable-hour/

Law Technology Now http://legaltalknetwork.com/podcasts/law-technology-now/