Law Office Technology 2009 Overview By Joe Kashi.

Law Office Technology Law Office Technology 2009 Overview2009 Overview

By Joe KashiBy Joe Kashi

The Basic ChallengeThe Basic Challenge You must be efficient AND effectiveYou must be efficient AND effective

Reducing costs while increasing Reducing costs while increasing effectiveness is within our controleffectiveness is within our control

We cannot directly control income but must We cannot directly control income but must position and market our practices position and market our practices

This implies practice area differentiation, a This implies practice area differentiation, a hallmark of a maturing practicehallmark of a maturing practice

Our Basic PremiseOur Basic Premise

Effective automation is more critical than Effective automation is more critical than ever to a successful law practiceever to a successful law practice

Efficiency and effectiveness both require Efficiency and effectiveness both require good planning and user group input.good planning and user group input.

Don’t merely throw expensive technology Don’t merely throw expensive technology and staff time at what is really a law and staff time at what is really a law practice management and planning issue.practice management and planning issue.

Modern Legal Business ModelsModern Legal Business Models

Michael Porter’s work at Harvard Business Michael Porter’s work at Harvard Business SchoolSchool

Basic principle - Low Volume, High ProfitBasic principle - Low Volume, High Profit

Law offices very suited to this approachLaw offices very suited to this approach

This approach benefits from technology This approach benefits from technology differentiation differentiation

4 Generic Business 4 Generic Business StrategiesStrategies

Com

petitive A

dvantage

Many Clients Few ClientsMany Clients Few Clients

Choosing Software SystemsChoosing Software Systems

VERY hard to change VERY hard to change financial systemsfinancial systems

Don’t decide upon Don’t decide upon price alone!price alone!

Long term product Long term product viability is criticalviability is critical

Good support is just Good support is just as critical as featuresas critical as features

Look for integration Look for integration capabilitiescapabilities

User interface criticalUser interface critical File formats criticalFile formats critical Don’t forget training, Don’t forget training,

reliability and ease of reliability and ease of maintenancemaintenance

Bring the staff into the Bring the staff into the decision!decision!

Financial ControlFinancial Control

Real time data entryReal time data entry

Real time reportingReal time reporting

Necessary for good case evaluation and Necessary for good case evaluation and personnel managementpersonnel management

Amicus, Time Matters, PC Law, ProLawAmicus, Time Matters, PC Law, ProLaw

Accounting & FinanceAccounting & Finance

Time and Billing Time and Billing trackingtracking

Real Time Mgmt Real Time Mgmt ReportsReports Personal, dept and Personal, dept and

overalloverall

Ability to bill Ability to bill immediatelyimmediately

Receivables trackingReceivables tracking

Disbursement Disbursement TrackingTracking

Access to banking Access to banking informationinformation

Real time Trust Real time Trust balancesbalances

Integrated with Case Integrated with Case ManagementManagement

Build the Right Systems…Build the Right Systems…

Back Office:Back Office: Integrated Legal Integrated Legal

General and Trust General and Trust Accounting Accounting

Time and billingTime and billing Cost recoveryCost recovery Real-time financial Real-time financial

reportsreports Budgeting, goal Budgeting, goal

setting, monitoringsetting, monitoring

Front Office:Front Office: Acrobat/other imagingAcrobat/other imaging Knowledge Knowledge

managementmanagement Document Assembly Document Assembly

in practice areasin practice areas Document Document

ManagementManagement Case/Practice Case/Practice

Management softwareManagement software

Knowledge ManagementKnowledge Management

Centralized form file Centralized form file and precedent and precedent systemsystem

Enterprise level Enterprise level search – Brainware, search – Brainware, Worldox or Worldox or InterwovenInterwoven

File briefs, File briefs, research memos, research memos, cases for reusecases for reuse

Increases ROI on Increases ROI on intellectual effort!intellectual effort!

Cultural ShiftingCultural Shifting Examine and rid your office of comfortable Examine and rid your office of comfortable

but obsolete practices that are no longer but obsolete practices that are no longer optimal in the electronic eraoptimal in the electronic era

Premise – Paper printed only as neededPremise – Paper printed only as needed

Follow through is critical to effectiveness, Follow through is critical to effectiveness, efficiency, and avoiding malpractice efficiency, and avoiding malpractice through inconsistencythrough inconsistency

Abandon the paper file approach to office Abandon the paper file approach to office organization and embrace electronic organization and embrace electronic documents as our primary file – the federal documents as our primary file – the federal courts did this years ago. courts did this years ago.

Re-using imaged documents very efficientRe-using imaged documents very efficient

Requires substantial cultural change and Requires substantial cultural change and change in how staff hired and utilized.change in how staff hired and utilized.

Allows remote access and easy Allows remote access and easy coordination with attorneys and clientscoordination with attorneys and clients

Legal Transition Not Difficult Legal Transition Not Difficult

Evidence Rules 1001 (3) and 1003 make Evidence Rules 1001 (3) and 1003 make explicit provisions for the use of printouts, explicit provisions for the use of printouts, electronic records and duplicates – keep electronic records and duplicates – keep only critical paper originals.only critical paper originals.

No major difference between photocopied No major difference between photocopied duplicate and scanned and saved duplicate and scanned and saved document and later printed as needed document and later printed as needed

Making the TransitionMaking the Transition

Don’t elaborately plan a transition to a Don’t elaborately plan a transition to a digital filing system, just start doing it with digital filing system, just start doing it with new documents as they’re produced and new documents as they’re produced and received received

Within three months, you’ll find that most Within three months, you’ll find that most documents that you need daily are already documents that you need daily are already imaged in your computer system.imaged in your computer system.

Cost Efficiency PremiseCost Efficiency Premise

When possible, personally perform minor clerical When possible, personally perform minor clerical tasks that can be accomplished just as easily by tasks that can be accomplished just as easily by you using technology you using technology

Often faster, more reliable and less costly Often faster, more reliable and less costly

Example: Image, annotate, name and store Example: Image, annotate, name and store client documents reviewed by you during client documents reviewed by you during interviewsinterviews

Office InfrastructureOffice Infrastructure

Phone systems – VoIP, Centrex, InternetPhone systems – VoIP, Centrex, Internet

Networked storage and computersNetworked storage and computers

Imaging: scanners, storage, software, and Imaging: scanners, storage, software, and printers. Photocopiers basically obsoleteprinters. Photocopiers basically obsolete

Document imaging is key to modern law Document imaging is key to modern law practice – Adobe Acrobat preferredpractice – Adobe Acrobat preferred

Hardware Purchase Premise:Hardware Purchase Premise:

Purchase only the hardware and software Purchase only the hardware and software that you will be able to install and begin that you will be able to install and begin using within the next two months or so. using within the next two months or so.

Purchasing binges are inefficient. Purchasing binges are inefficient.

Buy mainstream technology and avoid Buy mainstream technology and avoid both dead-end and “bleeding edge” both dead-end and “bleeding edge” technologytechnology

Business needs are paramountBusiness needs are paramount

Choose software systems with great care. Choose software systems with great care.

Be particularly careful about ease of use, Be particularly careful about ease of use, low demands upon staff, avoiding the last low demands upon staff, avoiding the last 20%, and full user buy-in20%, and full user buy-in

Document imaging is key to efficiency.Document imaging is key to efficiency.

Smart Purchase PrinciplesSmart Purchase Principles

““Sweet Spot” is ½ Sweet Spot” is ½ generation back from generation back from the ‘bleeding edge’the ‘bleeding edge’

Consider custom-builtConsider custom-built Put $$ into top quality Put $$ into top quality

components rather components rather than cutting edge!than cutting edge!

Don’t pay for ‘gamer’ Don’t pay for ‘gamer’ video and other video and other needless featuresneedless features

Fast CPU and lots of Fast CPU and lots of RAM will be beneficial RAM will be beneficial in the long runin the long run

Plan for external file Plan for external file backup *(at home)* backup *(at home)*

Have RAID drives in Have RAID drives in the officethe office

Consider redundant Consider redundant internet capacityinternet capacity

Hardware ConsiderationsHardware Considerations

Hardware should Hardware should reflect software reflect software requirementsrequirements

Voice Recognition Voice Recognition and photo/video and photo/video require higher-end require higher-end componentscomponents

Otherwise no need for Otherwise no need for bleeding edgebleeding edge

Concentrate on:Concentrate on: CPUCPU DRAMDRAM Hard Disk SpaceHard Disk Space Screen sizeScreen size Large wide screen or Large wide screen or

Dual monitorsDual monitors Video to support dual Video to support dual

monitorsmonitors Networking cardsNetworking cards

Basic Networking HardwareBasic Networking Hardware

Need gigabit network Need gigabit network switch, not a hubswitch, not a hub

Cabling should be at Cabling should be at least “Category 5E” or, least “Category 5E” or, better, “Cat 6” better, “Cat 6”

Gigabit networking on Gigabit networking on all computers all computers

Western Digital SATA Western Digital SATA drives currently favored drives currently favored for small systemsfor small systems

RAID array levels 0,1, RAID array levels 0,1, 0+1, or 5 0+1 0+1, or 5 0+1 preferredpreferred

Use SATA drivesUse SATA drives Reliable power supplyReliable power supply High capacity UPS High capacity UPS Lots of good fans!Lots of good fans! Data offsite data Data offsite data

backupbackup

Basic Server RequirementsBasic Server Requirements

Server OS -MS SBS, Windows XP x64 or Server OS -MS SBS, Windows XP x64 or Windows ServerWindows Server

High reliability keyHigh reliability key Central file server with RAID disk array Central file server with RAID disk array AMD Operton or Intel Xeon CPUsAMD Operton or Intel Xeon CPUs 4 GB or more RAM4 GB or more RAM Security, backup and recovery systemsSecurity, backup and recovery systems

Desktop SystemsDesktop SystemsDesktop OS - Windows XP or XP x64

Vista bombed; new Windows 7 seems promising, but wait on compatibility

AMD X2 or Phenom II or Intel Core 2 dual core or quad core CPU, at least 2 GB RAM, 500 GB -1,000 GB SATA hard disk

Large wide screen or dual LCD monitors and matching video card

Store all imaged documents and electronic Store all imaged documents and electronic file on a single network file server. file on a single network file server.

Be sure that you have the hardware to Be sure that you have the hardware to completely back up your network file completely back up your network file server every evening, and be sure that you server every evening, and be sure that you actually do.actually do.

Avoid data obsolescence Avoid data obsolescence

Buy fast but still cost-effective computers, Buy fast but still cost-effective computers, particularly for image preparation. I favor particularly for image preparation. I favor progressive upgrades progressive upgrades

Hard disk performance is crucial - Western Hard disk performance is crucial - Western Digital Caviar Black and RE3 series good Digital Caviar Black and RE3 series good for networks. Use Diskeeper to for networks. Use Diskeeper to defragment.defragment.

Plan on a three year replacement cyclePlan on a three year replacement cycle

You’ll need fast color laser printers if you You’ll need fast color laser printers if you plan to use a digital filing system. I now plan to use a digital filing system. I now prefer Konica Minolta 5670.prefer Konica Minolta 5670.

Ideally, you’ll be using many more color Ideally, you’ll be using many more color photos for all purposes, including photos for all purposes, including attachments to complaints and pleadings attachments to complaints and pleadings

Combining a scanner, Adobe Acrobat, and Combining a scanner, Adobe Acrobat, and laser printer also works well as a copier in laser printer also works well as a copier in your office. your office.

Printer EssentialsPrinter Essentials

Color and B&W Color and B&W capabilitycapability

Laser *not inkjet*Laser *not inkjet* Ensure it is Ensure it is fast…fast… Multiple paper Multiple paper

selectionselection Envelope capacityEnvelope capacity

Test before buying – Test before buying – many printers many printers claiming workgroup claiming workgroup speed are far too slow speed are far too slow in reality, especially in reality, especially with Acrobatwith Acrobat

Large format printers Large format printers for exhibitsfor exhibits

Scanner EssentialsScanner Essentials

Fast sheet feederFast sheet feeder Fully duplexFully duplex Color and B&WColor and B&W Resolution sufficient Resolution sufficient

for OCRfor OCR Takes business cardsTakes business cards Networkable?Networkable?

Flat bed scanners, Flat bed scanners, even with sheet even with sheet feeders, are slower feeders, are slower and less adapted to and less adapted to document scanning.document scanning.

Scan directly to Scan directly to searchable PDFsearchable PDF

The most efficient scanners for handling The most efficient scanners for handling document imaging are USB 2.0 high document imaging are USB 2.0 high speed sheet-fed scanners. speed sheet-fed scanners.

Preferred workgroup scanners: Canon Preferred workgroup scanners: Canon DR-2580, Xerox 252/262/272DR-2580, Xerox 252/262/272

Fujitsu ScanSnap on each desk. Good Fujitsu ScanSnap on each desk. Good software, low cost, includes Acrobat software, low cost, includes Acrobat Standard, which is inexpensive to upgradeStandard, which is inexpensive to upgrade

Many digital photocopiers can be Many digital photocopiers can be upgraded to include direct-to-network upgraded to include direct-to-network scanning, but at a high incremental cost scanning, but at a high incremental cost and are not a good value. and are not a good value.

A good multi-function device such as HP’s A good multi-function device such as HP’s Laserjet 3xxx MFP series combines basic Laserjet 3xxx MFP series combines basic scanning, faxing, laser printing and scanning, faxing, laser printing and copying capabilities but is quite unsuitable copying capabilities but is quite unsuitable for regular scanning use.for regular scanning use.

A compact portable scanner is handy for A compact portable scanner is handy for occasional use but tends to be slow and occasional use but tends to be slow and badly skew documents. Carrying a light badly skew documents. Carrying a light regular scanner such as the Fujitsu regular scanner such as the Fujitsu ScanSnap S500 may be more effective.ScanSnap S500 may be more effective.

You’ll need also need a high quality flat-You’ll need also need a high quality flat-bed scanner. I like the Epson V series or bed scanner. I like the Epson V series or the Mustek A3 1200 11x17 series.the Mustek A3 1200 11x17 series.

Fundamental Litigation SupportFundamental Litigation Support

Digital Dictation – Dragon Legal Digital Dictation – Dragon Legal

Office Suites – Microsoft Office 2007 is a Office Suites – Microsoft Office 2007 is a worthwhile upgrade. worthwhile upgrade.

Litigation Support: CaseMap, TimeMap, Litigation Support: CaseMap, TimeMap, NoteMap, TextMapNoteMap, TextMap

Case Management: Pro Law, Time Matters, Case Management: Pro Law, Time Matters, AmicusAmicus

Benefits of the Electronic FileBenefits of the Electronic File Restructuring a large electronic case file Restructuring a large electronic case file

takes perhaps an hour or twotakes perhaps an hour or two

If you retain a paper file, filing that paper is If you retain a paper file, filing that paper is much simpler when you can first search a much simpler when you can first search a digital file. digital file.

You can simply file any retained paper You can simply file any retained paper documents by date without sorting them into documents by date without sorting them into different categories. different categories.

By working with the full purchased version By working with the full purchased version of Acrobat 9 Professional, you’ll be able to of Acrobat 9 Professional, you’ll be able to index and bookmark your PDF litigation index and bookmark your PDF litigation files and produce sharp looking exhibits files and produce sharp looking exhibits quickly. quickly.

Your clients can use the free Acrobat 9 Your clients can use the free Acrobat 9 Reader to comment on documents and Reader to comment on documents and markup your Acrobat files. markup your Acrobat files.

AuthenticationAuthentication

Retain original documents to the extent that Retain original documents to the extent that might be necessary for recording or to might be necessary for recording or to prove your case under Evidence Rules prove your case under Evidence Rules 1002 and 10031002 and 1003

You may need to show that any scanned You may need to show that any scanned documents have not been altered, which is documents have not been altered, which is clear using a file format such as a locked clear using a file format such as a locked Acrobat PDF Acrobat PDF

Clerical staff requirements are reduced Clerical staff requirements are reduced

Electronic files confer a substantial Electronic files confer a substantial litigation advantage and allow you to litigation advantage and allow you to adapt quickly to new or impeachable adapt quickly to new or impeachable evidence.evidence.

Print hard copies as needed and discard Print hard copies as needed and discard the paper copies when they’re no longer the paper copies when they’re no longer necessary. necessary.

Easy Client CopiesEasy Client Copies

After you have imaged incoming After you have imaged incoming documents, send the original incoming documents, send the original incoming documents to your clients with the documents to your clients with the appropriate informational stamp.appropriate informational stamp.

Retain the electronic copy as your original. Retain the electronic copy as your original. Back it all up daily!! Back it all up daily!!

Examples of custom document imaging Examples of custom document imaging oriented stamps follow.oriented stamps follow.

Load your entire case file on to your Load your entire case file on to your notebook computer or take it with you on notebook computer or take it with you on one or two CD disksone or two CD disks

It’s easy to share a complete file with other It’s easy to share a complete file with other counsel or clients by burning a CD or flash counsel or clients by burning a CD or flash diskdisk

Email PDF documents and attachments to Email PDF documents and attachments to experts quickly experts quickly

Document NamingDocument Naming Consistently naming your retained Consistently naming your retained

document images is critical. document images is critical.

OCR all Acrobat documents and search OCR all Acrobat documents and search them for contentthem for content

Use a document naming convention Use a document naming convention consistently and train your staff.consistently and train your staff.

Example: Discovery should have the word Example: Discovery should have the word Discovery as the first word of the name, with Discovery as the first word of the name, with appropriate identifying information.appropriate identifying information.

Discovery – Plaintiff first Interrogatories to Discovery – Plaintiff first Interrogatories to Defendant XYZ served 7-26-04. Defendant XYZ served 7-26-04.

You can also scan or combine all related You can also scan or combine all related documents into a single PDF file, such as documents into a single PDF file, such as “accounting motion - complete”. “accounting motion - complete”.

Use Simplest Feasible Structure.Use Simplest Feasible Structure. Current CasesCurrent Cases Client XYZClient XYZ CorrespondenceCorrespondence Discovery and DisclosuresDiscovery and Disclosures Work productWork product ResearchResearch InvestigationInvestigation Internal notesInternal notes PleadingsPleadings WitnessesWitnesses LiabilityLiability DamagesDamages EconomicEconomic Medical billsMedical bills Lost incomeLost income Medical recordsMedical records

Digital Photography/VideoDigital Photography/Video Integrate digital photography and videography Integrate digital photography and videography

into your practice.into your practice.

Our culture is now highly visual – lawyers Our culture is now highly visual – lawyers tend to use too many wordstend to use too many words

Easy, inexpensive and surprisingly powerful Easy, inexpensive and surprisingly powerful addition to legal persuasionaddition to legal persuasion

Current picks: Canon G10, Nikon D90Current picks: Canon G10, Nikon D90

Digital BriefsDigital Briefs

Extremely powerful. Include video Extremely powerful. Include video deposition clips, photos, direct excerpts of deposition clips, photos, direct excerpts of scanned documents, links to exhibits.scanned documents, links to exhibits.

Requires Acrobat Professional to produceRequires Acrobat Professional to produce

Re-used portions of imaged documents Re-used portions of imaged documents key to efficiency and speed. Take key to efficiency and speed. Take disclosures, turn into opening visuals, disclosures, turn into opening visuals, cross-exam materials, closing visualscross-exam materials, closing visuals