Standing Committee on
Legal Technology
December 2002 VOL. 10, NO. 2
Statements or expressions of opinion or comments appearing herein are those of the editors or contributors, and not necessarily those of the association or section.
Contents
* TechnoLawyer.com: Equipping the small law office for less than $10,000
* The virtual courtroom--An update
* Illinois Integrated Justice Panel finishes work!
By Rick Turner
A treat in my daily spam... Among the things that I look for in my daily dose of spam and usually inconsequential e-mail messages and listserv surplusage is the E-mail Case Digest that Adrienne Albrecht, Vice-Chair of COLT, faithfully puts together at least a couple of times a week, I believe. On a number of occasions she has added a timely recent appellate decision that I found useful in my practice. At least twice in the last year or so, such a recent case brought to my attention had a deciding impact on a case in my office in a motion or disposition involved. Kudos to her for all of the effort it takes to track the decisions from our appellate court and provide those of us in the ISBA who subscribe to this feature with timely updates on case law. To sign up, go to <www.isba.org>.
Boot camp update... At our last committee meeting, Adrienne set out a proposal for revamping our ISBA Computer Boot Camp. In the past, you may recall, we used an outside vendor who worked with committee members to present training segments on Microsoft products such as Word and Excel at the ISBA Boot Camps. Cost has been a subject of some debate at recent committee meetings and Adrienne has obtained a preliminary proposal from a community college program, with experience in presentation of training modules of this type to business executives, to put together a legal-specific training module program for use in the Boot Camp. The expense may be significantly less than what the vendor's charges have been. More investigation has been requested by the committee and a proposal may be formalized and presented some time after the Midyear meeting. Committee members hope to have a proposed training module to review at the Midyear committee meeting.
Many cooks contributing to the stew, or the Tower of Babel revisited... For some time now COLT has been talking about electronic filing, including the various methods and technologies available, and the potential benefits to the legal system and the public. (See "Electronic Filing" by Karen Kalnins in the May, 2002 COLT newsletter). One of the fears expressed by some of our more long-standing members in COLT is that as the State of Illinois moves forward in the area of technological access and electronic participation in the various offices of the circuit clerks throughout the state, separate vendors with separate platforms and software that do not integrate across jurisdictions might compete in "turf wars" over budget and operational control. Worse for the practitioner and the public might be the development of a technological "Tower of Babel II," as it has been envisioned, in which many people from different parts of the State might not be speaking the same technological language and in which the lack of uniformity substantially impairs efficiency and interactivity. Hopes existed that such problems might be avoided with the new Supreme Court Rule addressing electronic access and electronic filing of court records, about which Peter v. Mierzwa writes in this newsletter. Those hopes, in the view of some, have not been realized yet. At the same time, the Illinois Integrated Justice Information System (IIJIS) Governing Board is moving forward with a Strategic Plan in a document scheduled to be completed by the end of this calendar year. Issues with respect to cost-effective, efficient and standardized solutions for integration are on their plate. Improving the accuracy, speed, efficiency and appropriate privacy protection of information systems integrated in and through the justice systems in the State of Illinois, is an area they plan on diving into. Hopefully, recommendations will surface in the next year or so with detailed, practical guidelines for uniformity of approach in platforming information technology and appropriate implementation in the areas of electronic access and filing.
It's still got to be able to fly... The Albatross, brainchild of Howard Hughes, remains one of the most enigmatic creations of the modern technological age in my opinion. To look at the thing is to immediately ask the question "but can it fly?" So it seems in my practice with trial presentation software and hardware. We are at the point where a solo or small practitioner can pack up a portable digital projector, screen and laptop and bring by case to a jury with a bit more visual impact at a price that isn't going to opt out any case worth less that $100,000. It will fly, even if precariously. I recently had the chance to use an InFocus 290 projector with a Da-Lite screen and my VAIO laptop (for my Powerpoint7 presentations) at a trial. I also used a standard VHS video player to play evidence deposition tapes through the projector. I attempted to put it together with only set-up assistance from my legal assistant, to see if it could be done solo, so to speak. From a presentation standpoint things went fairly well, despite the substantive result (though the jury appreciated the technology, they still told me my case wasn't worth even what the defendant offered me prior to trial). The lesson learned for me, really, is one in infrastructure. Hopefully, in the near future our courts/administrators and county boards will consider technological planning and implementation in remodeling or updating their courtrooms so that trial presentation hardware is "built-in" as part of the courtroom, and the attorneys don't need to lug equipment in and out, no matter how compact it is. Those of us who struggle in the trenches in cases that we don't plan on retiring on need to advocate for this type of technological foresight, for no other reasons than to keep the jurors (and some of the judges, I fear) awake and to level the playing field. As a side note, if you are interested in the topic of trial presentation technology, take a look at a couple of recent publications by the National Institute of Trial Advocacy: Powerpoint7 for Litigators, and, published this year, Effective Use of Courtroom Technology, A Lawyer's Guide to Pretrial and Trial. I found both of these soft-cover texts to be perhaps the most helpful resources I have come across in this particular area. You can get more information at <www.nita.com>. Good luck with your flying lessons!
TechnoLawyer.com: Equipping the small law office for less than $10,0001
By Jeffrey S. Lisson
This is Part Two of a three-part series that discusses what you need and don't need, when to cut corners, and when to go all out when equipping a solo or small law office for under $10,000. In Part 1, Jeffrey outlined the hardware required for this endeavor. In this issue, he discusses software. Watch for Part III, to be published in a future issue of the Committee on Legal Technology newsletter, in which Jeffrey will discuss unnecessary technological expenses.
II. Software
Software makes hardware come to life. Most of us base software purchases on products with which we are most comfortable. My recommendations:
A. Word processing
I love WordPerfect, and have since version 4.1. I can't imagine not having the "reveal codes" function. However, many of my clients and other law firms use Word. So I have both on my system. Most law firms will need only one, and likely will have one already. Many new computers come with Microsoft Office preinstalled.
Regardless of the program you use, I have a system that works well for getting documents out the door: (1) I dictate letter; (2) my secretary types the letter and saves it in a directory/folder on her computer called "Proof"; (3) I pull up the document on my laptop, correct it, and save it in a directory/folder called "Ready"; (4) my secretary prints the letter and places it in a red folder on her desk; (5) I walk by and sign the letter; (6) my secretary copies it, prints postage from <http://www.stamps.com>, and drops it in the mailbox. This workflow saves time, trees, and money.
The WordPerfect Office 2002 and Microsoft Office XP upgrade cost about $200 each.
Cost: $200.
B. Case management
Case management is a very personal decision, and I suggest you look at different programs before deciding which one best suits your practice. The leading programs seem to be Amicus Attorney <http://www.amicusattorney.com>, AbacusLaw <http://www.abacuslaw.com>, Time Matters <http://www.timematters.com>, and Needles <http://www. needpins.com>. Once you make a decision, it can be tough to convert data to a new program. The programs vary in price, from a few hundred to several thousand dollars. Evaluate as many of the programs as you can. Ask the companies for demo disks and users in your area. Visit other firms to see what they use and if they're satisfied. Because these programs become the heart of your office, don't base your decision solely on price.
There's more expense than the program's cost. There's training time for you and staff, time to input your case information, technical support costs, etc. Do your homework before you invest. Look at past issues of ATLA's Trial (Paul Bernstein has written some wonderful articles on case management), Law Office Computing, and the forthcoming TechnoLawyer Archive for reviews. Don't buy a "techie" program if your staff prefers manual typewriters.
I use Amicus Attorney, so I'll let you know what it can do. I like its ease of use and intuitive interface. Most staff can use it after a couple of hours of training, and can handle advanced tasks within a couple of days.
Amicus Attorney is central to my office. It organizes files, contact information, calendar, phone calls, documents, time sheets, and notes within an electronic "file" for each case. I can instantly tell what's going on in a case, what last happened, what deadlines are approaching, and what's next. If an adjuster calls me and says I never responded to his last offer, I know from looking at Amicus Attorney that I left him a phone message last Thursday rejecting the offer, and made a counteroffer.
I also can look at my notes of past phone calls with the adjuster in other cases to know that when she says she has no more authority, she'll go 10 percent higher.
Many lawyers remain hooked on their paper DayTimer and tickler systems. They work fine, but programs like Amicus allow you to see more of your practice information at a glance, take that information with you, and track deadlines more effectively. The programs also allow staff to send you electronic phone messages (no more phone slips!), see your calendar, make appointments, and tell clients their next court date.
With Amicus, you also can set up "precedents," in which you use deadlines from a prior case for new cases (like send out discovery 10 days after answer received, notice first deposition within 30 days, prepare Pre-Trial Order 30 days before trial date). Saves lots of time. Most case management programs, including the newest version of Amicus, allow remote access by telephone, so you can work at home. Some (including Amicus) allow you to telephone your computer, and the program will e-mail you unreturned phone messages. Even without remote access, you can work with Amicus and your practice information when you're not hooked onto the network. When you next log on, the program will automatically update your changes.
On the downside, I've been frustrated with Amicus' tech support. It costs too much, and the support people often don't know the program very well. Amicus seems to look at tech support as a profit center to subsidize the initial relatively low cost of the program, rather than as a necessary service to customers.
Regardless of what you choose, I can't stress enough how important it is to have some sort of case management software. If nothing else, buy it to sleep at night, secure that (if you or your staff put them in the computer) you haven't missed deadlines.
Cost: $700 (two users).
C. Document generation
Here's how most offices draft a Power of Attorney: (1) pull up a past POA; (2) find all the places with names, addresses, phone numbers and dates; (3) delete the old information; (4) type in the new information; and (5) check the document to make sure you caught all the stuff you were supposed to change. Total time: about five minutes.
Need to also do a Health Care Power of Attorney, living will, and simple will? Repeat steps 1-4 for each document. Total time: about 15 minutes.
Here's how it's done in my office: (1) click on "Estate Documents" in HotDocs; (2) answer about eight questions from HotDocs; (3) hit "OK" and print. Total time: about 45 seconds for all four documents. It even generates a personalized letter to the client explaining what the documents mean and what to do with them.
By using this single program, I cut out more than 14 minutes of my or my secretary's time for each set of documents. Multiply that by two sets of documents a month, that's a savings of more than five hours a year, just for the estate documents! If you do the same thing for retainer agreements, medical authorizations, and similar documents -- you can save days of your time and staff time.
HotDocs <http://www.hotdocs.com> and similar programs allow you to take a document you've drafted, such as a Power of Attorney, and use "variables" for the information that will change. For example, I used "Name" where the name of the person who's giving the POA will go. Since the person's name appears several times in the document, so does the variable.
You can use the same variable in multiple documents. The person's name will be the same in the POA, Health Care POA, living will, and will. I type the name once, and HotDocs fills inserts the name about 15 times, with appropriate capitalization, underlining, etc.
Want to do more advanced work? A domestic complaint may have multiple claims: child custody, child support, post-separation support, alimony, equitable distribution, and TRO to prevent waste of assets. Why dictate new pleadings each time, or have a secretary cut and paste claims from other documents? In HotDocs, you set up a master document which includes all the claims. When the next case comes in, you tell the program which
claims to include. HotDocs asks appropriate questions to fill in the blanks, and produces a final document with all the information filled in and stating only the claims you wanted--complete with Verification!
Have Amicus Attorney or a case-management program that links to HotDocs? HotDocs can "grab" the information from your case-management system and put it into your document, only asking for extra information it needs.
It does take time to set the documents up, and a willingness to delve into the program. But the time savings is worth it. Word and WordPerfect have their own merge functions, but neither is as complete or easy to use as HotDocs.
Other programs can do the same thing, but HotDocs is the one I know, and it has a great reputation. It also was included free in the WordPerfect 8 Legal Edition.
Ease of use and time savings more than justify the cost of this program and the time it takes to set up your documents.
Cost: $230.
D. Knowledge management
Knowledge management software is relatively new to the legal realm, at least for small offices.
Don't know what it is? Sure you do. You do it all the time. You take notes on yellow pads and stick them in a file. When the time comes for deposition, you review your notes to figure out what to ask. Time for trial? You take a look at hundreds of pages of notes, scores of memos, and dozens of deposition transcripts. But who was it that was standing on the corner and said the light was red? What was that guy's name? Where did he work? Who else said the light was red?
Dissatisfied with the legal-pad system, tech-savvy lawyers began setting up databases to handle this stuff. But databases can be hard to design and implement, and even harder to modify once created.
Enter CaseMap. This program has revolutionized how I prepare cases and keep track of information.
CaseMap is made by CaseSoft <http://www.casesoft.com>, which also makes two other programs I love: NoteMap and TimeMap (see below). The company makes quality software, listens to its customers, and has the best tech support I've ever found. They give free personal initial training on CaseMap, and support all their products through toll-free numbers.
CaseMap is like a database on steroids, specifically designed for litigators. It replaces your yellow pads, deposition summaries, and memos. It puts all your information in one place, linked to the source, the issues in your case, your evaluation of the information, whether it's disputed, the date, and anything else you want to include. You can add documents, Bates numbers, witness employers and addresses, phone numbers, etc. CaseMap becomes the central repository for your case data.
What sets CaseMap apart from other databases, though, is its Data Refinery. Need to know everyone who said the light was red? Can do. Want to find everyone who said the light was red and was standing on the southeast corner, which is not disputed by the other side? Can do. Want to see everyone who said the light was green in a deposition and was standing on the southeast corner, listing the page and line where they said it? Can do. Every fact and witness linked to the damages issues? Can do.
You can be up and running with CaseMap immediately, though its advanced features can take time to learn. It takes discipline to force yourself to review and input documents, depositions, and notes. But it's worth it. It makes motions, responses to Summary Judgment, and trial easier. It also forces you to think critically about your case.
CaseSoft has the most progressive license of any software company I've found. It allows all its products to be installed on multiple computers with just one license, so long as only one copy of the program is open at a time.
Cost: $495.
E. Outliner
Word and WordPerfect have built-in outliners so why buy one? Because Word and WordPerfect's outliners are pains in the rear. They're limited in what they can do. Consistent formatting is virtually impossible. Moving notes
around is difficult. For those of us who like to outline arguments, examinations, and trial strategy, the word processors are woefully deficient.
Enter CaseSoft and NoteMap. The company developed this program after users on the CaseMap online forum bemoaned the lack of a true outliner program.
CaseSoft did it right. NoteMap links with CaseMap, so you can exchange information from the outline into the database. Formatting is a breeze. You can "hoist" portions of an outline to work solely on a small part, or "fold" (hide) parts with which you're not currently working. You can link documents and images to your outline. You can "lock" portions of an outline so they can't be edited. You also can insert "comments" within the outline. It's easy to move parts of an outline, change levels, or even merge outline portions.
You don't need NoteMap. But if you do a lot of outlines, as I do, it's worth the money.
Cost: $99.
F. Time lines
Have you ever wanted to show a judge or jury the order in which things happened? You could list them by date and time, but that's ponderous and doesn't give a sense of the distribution of actions over time. You could try to do your own time graphic. Problem is, it's tough to be accurate with the spacing between acts, yet still be able to add and delete items.
Once again, CaseSoft came to the rescue with TimeMap. Just click to make a new entry, fill in the date and time, and enter the text for the box. That's it--you're done. TimeMap automatically resizes the time line and places the box in the proper place. You can insert a "break" in the time line, skipping months or years. Charts can be up to 20 pages wide. With a color printer, you can use different colors for actions by different parties.
There's no better way to show a jury how the defendant sold 10,000 widgets, when it received reports of defects, how it continued to sell more widgets, when the first complaints were filed, and when your client was injured.
Cost: $199.
G. Accounting/time-billing
Even if you don't bill, it's a good idea to keep track of your time. It helps justify fees, if necessary, and shows you where your time goes.
I dictate my time to my secretary to enter into Amicus Attorney. Amicus and most case-management programs allow you to track time. But if you do any billing, you need third-party software to compile and track bills and receivables.
I like PCLaw <http://www.pclaw.com>. TimeSlips <http://www.timeslips.com> is the industry leader, but I've read too many complaints about problems with support and its latest upgrade.
PCLaw has been very responsive when I've called. Though it's not as intuitive as I'd like (I've actually had to look at the online help), it's not bad. Simple billing and receivables is $195 for two timekeepers. For more money, you can add network support, past-due modules, payroll, and deposit slips. There is no limit to the number of cases you can have. Avoid programs that charge you by the number of cases.