Many economic benefits from the use of this technology
The economic benefits of such technology are probably obvious by now. Much money is spent on long-distance calls, express mail, and fax. Virtually all these activities can be handled via an extranet, at a much lower cost. Since these costs are ultimately passed on to clients, it saves them money and enhances the lawyer's goodwill. Similarly, if a case is taken on a contingency basis, requiring the firm to advance litigation costs, it lowers the economic risk of the case.
Likewise, by employing an intranet a firm can save on the costs associated with publishing internal information to all firm employees, such as policy manuals, client mailing lists, directories, i.e., whatever information the office normally publishes internally.
The costs of establishing intranets and extranets
The cost of establishing an intranet and extranet can range from high to low. At one end of the scale, a firm can install in-office all the hardware necessary to host the system and hire information systems personnel to design and run it. On the other end, a firm can hire an outside vendor to design, maintain and host the system on secure external servers.
The ability to out source allows smaller firms to compete head-to-head with large firms in providing clients with such services. Because a system can be set up in weeks, firms can benefit from the technology immediately, and need only acquire a Web browser.
In-house systems call for meticulous planning, coordinating of schedules and for the law firms themselves to monitor intranet and extranet activity to guard against intruders and to maintain the network. An effective intranet employs security measures on a number of levels to keep the masses out – only those with the proper access rights to specific information are let in. In addition, since most security breaches and threats are internal rather than external, firms should employ policies and practices that will facilitate security objectives.
Visions of the future
The Internet is becoming more ubiquitous every day, and for good reason. The Internet offers a truly revolutionary way to communicate, collaborate and obtain information. Some, including myself, have even likened the development of the Internet to the invention of the printing press it is technologically a fundamental transformation in the way human knowledge is shared, and a transformation that significantly lowers the costs of communicating.
Attorneys, being in an information business, stand to gain much by employing Internet technology. When properly implemented, Internet technology can make attorneys more efficient and more effective communicators and managers of information and knowledge. Attorneys, in the near future, will be able to access all information relevant to the client matter at hand securely via the Internet. Those who are best able to utilize Internet technology will stand at a competitive advantage toward those who are less able.
Finally, most of us recognize that the practice of law has become increasingly competitive. There are a number of reasons for the increase in competition, many subject to debate. But what is virtually certain is that those lawyers who are proactive about adapting to new circumstances will be those who will be successful in the future. Many commentators about our profession are predicting a major "shake down" in the legal profession in the next five to 10 years. It may well be true that market and societal forces will squeeze a large number of people out of practice. However, the future is extremely bright for those willing to embrace change and find the ways and means of easing the pain of the evolutionary process.
This is the wave of today!
Intranets and extranets are not the wave of the future, but the wave of today's law firm. Most lawyers today use electronic mail and the attaching of documents to e-mail messages. To be sure, we acknowledge the benefits of teleconferencing, telecommunications and the value of collaboration. Today, everyone knows about the Internet. You see it on TV, hear about it on the radio and see it discussed in magazines and newspapers. You also see it on business and letterhead stationery.
Microsoft's vision is the Internet
In the May 17, 1999, issue of Business Week magazine, the feature article was on Microsoft and "Why America's most successful company needed an overhaul." Bill Gates himself pointed out that there is a need to make the PC simpler to use--"It's pretty complex....We can make it easy," Mr. Gates is quoted. And, the article points out at the same page (page 110): "....foresees a time when computer users will be able to keep much of their professional and personal information and programs on large central servers that they access via the Web. That way, anywhere they are in the world, they can quickly get vital information."
The future of computing in general and law office computing in particular, is the Internet. Now is the time for all lawyers, whether solo practitioners or lawyers in the largest law firms, to inquire about, learn about, become facile with and introduce Internet/intranet/extranet technology into their law firms.
By Joseph A. Dailing
We stopped at six, and I noticed for the first time that he had not pushed a button, had not selected a floor. He was following me. I made a quick exit, and I stepped into the splendid marble foyer of Draka & Sweeney.
* * *
Madam Devier, one of our very resilient receptionists, greeted me with her typical look of disdain. "Watch the elevator," I said.
"Why?"
"Street bum. You may want to call security."
* * *
I walked away, wrestling my overcoat off my shoulders, forgetting the man with the rubber boots. I had nonstop meetings throughout the afternoon, important conferences with important people. I turned the corner and was about to say something to Polly, my secretary, when I heard the first shot.
Madam Devier was standing behind her desk, petrified, staring into the barrel of an awfully long handgun held by our pal, the street bum. Since I was the first one to come to her aid, he politely aimed it at me, and I too became rigid.
* * *
To my immediate left was a heavy wooden door that led to a large conference room, which at the moment happened to be filled with eight lawyers from our litigation section. Eight hard-nosed and fearless litigators who spent their hours chewing up people. The toughest was a scrappy little torpedo named Rafter, and as he yanked open the door saying, "What the hell?" the barrel swung from me to him, and the man with the rubber boots had exactly what he wanted.
--from Street Lawyer by John Grisham
And so begins a life-changing process for the book's hero, Michael Brock. None of us is ever likely to meet an armed DeVon Hardy when we come into our offices, but increasingly we are likely to meet an angry client or an unrepresented angry opponent. We need to be prepared to deal with these angry people to prevent a manageable incident from escalating into a catastrophic event.
According to Northwestern National Life Insurance Company, 44% of workplace attacks are committed by customers or clients. And, while this may be more true in a department store than a law office, it has happened in law offices. It could happen in yours. The underlying problem is not new but it has increased in intensity and frequency. Mentally and emotionally disturbed clients have always existed. Angry ex-spouses, convinced that they have been cheated, have always been around. But increasingly these people are acting on their anger and frustration in violent and fatal ways.
What do you do when an agitated client or former client shows up in your reception area? Are there ways to keep the situation from escalating into a violent encounter? The experts offer a number of suggestions.
The first thing to do is to observe the individual. Does he or she exhibit any obvious signs of intoxication, hallucinations, drug use or unusual or bizarre speech patterns? If any of these signs are present, this is no time to reason with the individual. Call the police. Ideally, your office will have a pre-established signal or silent buzzer to alert another person in the office to call the police. The individual who is talking to the disturbed person should continue to listen quietly until assistance arrives.
When the client or former client does not exhibit any signs of intoxication nor severe mental health stress, the most important thing that you can do is to listen to the client. The client needs to understand that you are willing to help and willing to listen to his or her story. Do not attempt to interrupt or explain your side until the client has his or her whole story out. Ask the person if you may take notes. That may be helpful in responding later to individual problems but do not substitute note taking for careful listening. The client must feel that solving his/her problem is your top priority and that you are listening to him or her. In most cases, listening should be your most important concern.
Depending upon your comfort level, relocate the person to another room outside of the reception area. Ideally, you would like to remove this disturbance from your reception room and avoid upsetting other clients but if you feel threatened or the client is reluctant to move, remain where you are. Do not make location an issue.
If you relocate the discussion to a conference room, do not allow the individual to sit between you and the door. You must be able to exit first if you need to do so. Trust your instincts. Asking the client into a conference room also communicates to the client that you are taking his/her problem seriously and treating it confidentially. Also remember, however, that it may be more difficult to get a client out of your conference room than it is to get him/her out of your waiting room if the situation cannot be resolved amicably. You may also want to have another attorney or staff member of the opposite sex sit in on the meeting with you. For this, however, you should ask the client if he or she has any objections.
While talking to the client, acknowledge that you understand the client's frustration. Ask the client to define the problem carefully and indicate that you would like to help resolve the problem but it may not be solved immediately. This may be a time to engage in active listening; this is, acknowledging through word or action that you are listening to what the client is saying. You may also want to say things like, "I can certainly understand why you are upset and I would like to help you resolve this problem." Avoid being defensive while listening to the client's story. Your purpose is to let the client vent his or her frustration, not to defend the conduct of you or another member of the firm. The client needs to get out the frustration before you can talk rationally about resolving the problem. Verify with the client what your understanding of his or her complaint is. That verification may take place by saying, "As I understand it, you are upset because Mr. Jones was not able to get you custody of your son, Tommy. Is that correct?" Repeating and restating the problem will help to keep the client focused on the problem. It will also make sure that you understand exactly what the client is upset about.
At least initially, ignore any name calling and focus on the problem. Remind the client that you want to help resolve the problem, which will require the full attention of both of you. Never lash out at the client or do anything that would humiliate or demean him or her. Speak softly and slowly. It should calm the client and relax him or her.
The goal is to calm the client, address his or her reasonable complaints and to develop a fair agreement that will resolve the problem. Sometimes clients have a right to be angry. You may need to correct a mistake or an incorrect perception. Obviously, if malpractice has been committed and the client has suffered losses because of that malpractice, your insurance carrier may need to be consulted.
What if these strategies don't work? If the client remains belligerent and threatening, take time out to cool the passions on both sides. Then return again to see if a peaceful resolution is possible. If the client persists with threats, you should tell him or her that you will notify the Police Department unless he or she calms down. Be prepared to follow up on this threat if you need to do so.
If you and the client reach an understanding of what needs to be done by both parties, develop a clear outline of what you will do and by what dates it will be completed. If the client also has things which he or she must do, make sure that they are included in the agreement. Once the deal is made, see the client out, ensuring him or her that you will be working on the agreement right away.
