Moving to the Paperless Law Office · What is the paperless law office? • - The paperless law office is an office dedicated to reducing and eventually eliminating the use of paper

Moving to the

Paperless Law Office

Michael W. Reagor

Denver CLS

March 13, 2009

Does your office look like this?

Is this you?

Why go paperless?

−Think of all the paper you save

because “someday you might need

that document”, only to never use the

document again.

−How much time and effort does it cost

us to close and store files?

Why go paperless?

−Have you ever wasted time looking for a

single piece of paper?

−Have you ever spent hours rummaging

through redropes of documents?

−When you try cases, do you carry boxes

“trees” into the courtroom?

−Can you easily find your exhibits at trial?

Why go paperless?

• Cost savings

− Costs up front to digitize your office

− Costs saved at “back end of process”

• No storage costs

• Can locate documents

• Ease in use of documents

• Saved paper costs (80% estimate)

• Immediate access to information, to avoid “general”

conversations

• Easy to reorganize a case

− Better stewardship

Why go paperless?

- The need to collaborate electronically

• With clients

• With courts

• With co-counsel

• With experts

- Mobile efficiency

- Become a better lawyer: work smarter

What is the paperless law

office? • - The paperless law office is an office dedicated to

reducing and eventually eliminating the use of paper in every

aspect of the practice.

• - The paperless law office focuses on converting paper to

electronic format upon receipt and storing documents

electronically.

• - Change of attitude and approach: abandoning paper files

as our basic organizational approach and instead embracing

electronic documents as our primary or even sole files.

What is the paperless law

office? • - The paperless system is tied to every aspect of the firm’s

• operation including case preparation, use at trial and

• for office administration.

• - Create a single workflow process which is applied to all

cases, litigation and non-litigation/transactional, small and

large.

• - But, use the traditional workflow of your office and

implement paperless technology changes at particular points

and in particular processes.

What tools are needed?

• Hardware

− High speed scanner:

• Don’t scrimp

• Key to successful conversion and operation

• Must be networked

• Must be able to save and send documents as PDF

• Must be able to send documents directly to email

recipients


• Hardware

− Larger flat screen monitors (22 inches or larger)


• Hardware

− Networked workstations:

• Even in small firms

• Connected with the high speed scanner


• Hardware

− Digital faxing:

• Faxes arrive as emails and are sent as emails

• Get rid of your facsimile machine: use software to

convert or use a service


Hardware


• Hardware

− Optional

• Tablet computers

− Functions:

• Pen input: ink is integrated in 2007 Office products

• Capacitive touch: using your finger to scroll

• OneNote 2007: electronic notebook


• Software − Adobe Acrobat (9 Pro):

− Portable document format reader

− PDF editor

− Universal “printer”

− Bookmarks and nesting

− OCR functions: Acrobat 8 Pro and later

• Text on image = searchable PDF

− Document security

• Removal of metadata

• Signatures

• “Locking”

• Can establish have not been altered (evidence rules)

Software options to Acrobat


• Software

− Office 2007 products:

• Outlook 2007 functions:

− Creating and managing folders

− Search function

− Works like you do

− Acrobat integration

− OneNote integration


• Software

− Office 2007 products:

• Word 2007:

− Review and redlining functions

• Deltaview compatability

− Email integration

− Acrobat integration

− Mailing integration


• Software

− Optional software:

• OneNote 2007

− For notebook and tablet users

− Electronic file management system

− Fully searchable

− Convert handwritten notes

− Audio/video integration

− Never lose information again

− Find your notes immediately


• Software

− Optional software:

• Acrobat add ins:

− Autoink (http://www.evermap.com/autoink.asp)

http://www.evermap.com/autoink.asp


• Software

− Optional software

• PDF Annotator


• Software

− Optional software

• Xobni: email searching and organizing


• Database manager

− Manages all of your data

− Often integrates with other programs and add-ins

to eliminate repetition

• Timeslips and HotDocs integration in Abacus

− Can integrate with document management

software

− Eliminates error caused by paper management

(such as calendaring errors)

Basic Document Management


• Incoming documents

− Documents coming into the office are scanned as PDF and

sent to the recipient

− Original mail is also delivered to recipient for redirection

or destruction

− Certain original incoming documents are retained

• Examples: conformed liens, negotiable instruments,

conformed court documents


• Incoming documents (continued) − All other documents are destroyed

− “Junk” or advertising mail is not scanned

− Recipient then saves documents into the proper folder using proper naming

protocols

− In those cases where client has elected to receive documents via regular mail

(which is now generally the exception), the attorney or legal assistant will

send that paper copy received by this office to the client

− If the client has elected to receive documents electronically, then the

electronic document will be forwarded by email to the client using the

Outlook return receipt protocol

− Faxes are received by the receptionist as email, and then forwarded to

intended recipient; once received, all of the incoming protocols apply



• Outgoing documents − Document is saved to proper folder using proper name

• E.g., court pleading is saved to proper folder and then served and filed

electronically

• Correspondence is saved to proper folder and then sent via email with

return receipt request, or is saved and then printed and sent snail mail

− Usually only electronic copies are retained

Digital Filing System

• Logical folder system

− A logical folder system is an intelligently

designed folder system, used in every case and

matter, which ensures consistency and

predictability in use and storage of electronic

documents

− The key is to ensure consistency in practice



− Litigation example: • CLIENT NAME/CLIENT MATTER

• ATTORNEY NOTES

• CORRESPONDENCE/INCOMING/0UTGOING

• FEE AGREEMENT

• PLEADINGS

• DISCOVERY/PLAINTIFF/DEFENDANT

• DISCLOSURES

• FACTS

• PAID LITIGATION BILLS

• RESEARCH

• WITNESSES/EXPERTS/LAY WITNESSES

• DEPOSITION TRANSCRIPTS

• TRIAL MATTERS/JURY INSTRUCTIONS/WITNESSES/LAY WITNESSES/EXPERT WITNESSES



− Non-litigation example: • CLIENT NAME/CLIENT MATTER

• ATTORNEY NOTES

• CORRESPONDENCE/INCOMING/0UTGOING

• FEE AGREEMENT

• PAID BILLS

• RESEARCH


• Logical folder system − Set the folder systems up on a network drive and copy the folders for

each new client/matter

− For all cases and matters likely to require retaining some paper

documents, set up minimal paper files for those documents which

need to be retained

• Many non-litigation files will not require a paper file counterpart

• Litigation file example:

• Client Docs/Facts

• Client Intake

• Original Depositions

• CDs/DVDs


• File naming conventions

− Why?

• Ease in locating files

• Consistency in organizing documents

• Makes files easily searchable


• File naming conventions − Each document can be first identified with a date indicator, as follows: “2009

03 11”

− Letters should be saved identifying sender and recipient, as follows: “2009

03 12 reagor letter to colville”

− Pleadings should be saved with either the complete name or appropriate

abbreviations of pleadings names, as well as the filing party identifier, such as

follows:

• “2009 03 12 def smith mot for summary judgment” or

• “2009 03 12 def smith mot sj” or

• “2009 03 12 def smith msj”

− Other documents need at least the date, author and some brief identifier

information, as follows: “2009 03 12 WL Investigation file of smith”

Storage and backup issues

• - The paperless law office requires a

consistently functioning backup system

• - The system must be integrated and

searchable

• - Online backup systems are now

commonly used

• - The system must be redundant

Storage and backup issues

• C.R.C.P. requirements for pleadings:

− Rule 121 §1-26(7) states that a “printed or printable copy of an e-filed

or e-served document with original or scanned signatures shall be

maintained by the filing party…required to maintain the document for

a period of two (2) years after the final resolution of the action,

including the final resolution of all appeals”.

− Possible solutions:

• Use ink signatures on Word documents

• Use ink signatures on Acrobat documents

• Sign and then scan and then save the original

• Adobe secure signatures

• Do electronic signatures (“/s”) meet the requirements of the rule?

Converting closed files

Options

• What needs to be retained:

• Rule 1.15 of the Colorado Rules of Professional Conduct

requires that records relating to client property (i.e. trust

account funds) be kept for a period of seven (7) years.

This includes receipt and disbursement records, bills, and

accounting records. Additionally, all fee agreements

(hourly, contingent or other) are to be retained for the

same time period and therefore, should be placed in the

client billing folders.

• Third party vendor

• In house project

− Contract labor

Converting open “paper” files

Issues

− Should I convert these files?

− Midstream conversion issues:

• Is it feasible to convert correspondence files?

• Should I convert pleadings?

−Options:

• Lexis and Pacer to retrieve documents

• Scan and save existing file, and add

bookmarks

Converting closed files

• - Once documents and files are digitally

converted, they must be destroyed.

• - Use a third party vendor to ensure proper

and complete destruction.

How to implement

•

− Rely on your staff:

− Effectively communicate what is expected

− Train your staff

• Meetings regarding protocols

• Meetings regarding hardware issues

• Meetings regarding software issues

• Meetings regarding training

− Provide proper training from a vendor, if necessary

• Online training

How to implement

− Listen to your staff

− Listen to your staff

− Empower your staff

− Meet with each member of the team regarding

implementation and regarding their input

− Stay with your protocols but accept input

− Periodically meet regarding updating your

processes

− Affirm your team members

Training Issues

• Empower your team

− The paperless office makes their job easier

− The paperless office makes them more essential to the process and

success of the office

− They are needed to implement the changes and to make the protocols

work

− The changes will improve communications between attorneys and the

non-attorneys on the team

− You are telling your staff that you are willing to give them what is

needed to allow them to do their jobs better

− You are telling your staff that there will be greater predictability at the

office and “in their world”

Should I do it?

• “The software and hardware requirements required in order

to “go paperless” are extremely reasonable. Properly

implemented, any firm should realize a significant return on

investment over the course of the first year. More

importantly, the lawyers and staff will be empowered to

make more intelligent decisions based on real information

access. That should make clients happy as well.”

Should I do it?

• “Making the decision to change your office

procedure attitudes and paradigms, and then initially

and consistently following them, is the critical part.

Transitioning to a digital law office initially requires

a little more effort and discipline by both the

attorney and the client. However, within months,

you’ll never consider going back to the old, more

costly paper paradigm.”

Other Resources

• www.pdfforlawyers.com;

• Paperless law office podcast, at http://lawpracticematters.com/2008/12/08/paperless-law-

office-podcast/;

• “A simple inexpensive way to create a paperless law office,” at

http://www.keytlaw.com/tech/paperless.htm;

• “Going to a paperless law office,” at http://www.sctriallaw.com/technology-going-to-a-

paperless-law-office.html ;

• The Lawyers Guide to Adobe Acrobat, ABA Law Practice Management Section, 2008;

• The Lawyers Guide to Outlook 2007, ABA Law Practice Management Section, 2009;

• The Virtual Law Practice (http://virtuallawpractice.org/2008/06/26/how-does-a-vlo-fit-in-

with-the-paperless-law-office-tech-trends/)

•

http://www.pdfforlawyers.com/

http://lawpracticematters.com/2008/12/08/paperless-law-office-podcast/







http://www.keytlaw.com/tech/paperless.htm

http://www.sctriallaw.com/technology-going-to-a-paperless-law-office.html













http://virtuallawpractice.org/2008/06/26/how-does-a-vlo-fit-in-with-the-paperless-law-office-tech-trends/

























www.attorneycafe.com

http://www.attorneycafe.com/