Slaying the Paper Beast€¦ · Slaying the Paper Beast . A Pathway to a Productive . Paperless Law...

Slaying the Paper Beast A Pathway to a Productive

Paperless Law Office

Presented by: Paul J. Unger [email protected] Materials written by Paul J. Unger, Esq. and Barron K. Henley, Esq. [email protected] Affinity Consulting Group LLC Columbus, OH 43215 614.340.3444 - phone 614.340.3443 - fax ©2013 Affinity Consulting Group LLC

Slaying the Paper Beast

Table of Contents I. CASE / PRACTICE MANAGEMENT SOFTWARE ................................................. 10

A. Why You Need Case Management Programs (“CMPs”) .................................... 10

B. What Case Management Software Helps You Do ............................................ 10 1. Manage Your Files............................................................................. 10 2. Manage Your Contacts ...................................................................... 10 3. Manage Your Calendar ...................................................................... 10 4. Manage your Tasks ........................................................................... 10 5. Manage Your Time Entries ................................................................. 11 6. Manage Your Communications ........................................................... 11 7. Assemble Documents Quickly ............................................................. 11 8. Manage your Research ...................................................................... 11

C. Case Management Main Players .................................................................... 11 1. Purchased Options ............................................................................ 11

a. AbacusLaw ............................................................................ 11 b. Amicus Attorney ..................................................................... 12 c. Client Profiles ......................................................................... 12 d. Law Base ............................................................................... 12 e. Practice Master ...................................................................... 12 f. ProLaw Ready ........................................................................ 12 g. TimeMatters .......................................................................... 12

2. Cloud (Subscription) Options .............................................................. 12 a. AdvologixPM .......................................................................... 12 b. Clio ....................................................................................... 12 c. Credenza ............................................................................... 12 d. Houdini Esq ........................................................................... 12 e. Rocket Matter ........................................................................ 12 f. MyCase ................................................................................. 12

3. Accounting Programs with Significant Case Management Capability ....... 12 a. PCLaw ................................................................................... 12 b. ESILaw .................................................................................. 12

D. Recommended Case Management Programs .................................................. 12 1. Amicus Attorney Small Firm Edition .................................................... 12 2. Amicus Attorney Premium Edition ....................................................... 13 4. PracticeMaster Basic Edition ............................................................... 13

E. Implementation Considerations ..................................................................... 13 1. Don't Expect a Perfect Fit .................................................................. 13 2. Questions To Answer Beforehand ....................................................... 14

a. What Problems Are You Trying to Address................................ 14 b. What Functionality Would You Like to Gain? ............................. 14 c. Planning to Grow? .................................................................. 14 d. Reporting Requirements ......................................................... 14

Affinity Consulting Group LLC Table of Contents Slaying the Paper Beast Page 1

3. Information You Should Gather Beforehand ........................................ 14 a. Inventory Other Programs and Devices You Plan To

Continue Using ...................................................................... 14 b. Inventory Hardware & Network ............................................... 15 c. Data Import ........................................................................... 15 d. Practice Information ............................................................... 16

4. Caution About Customization ............................................................. 16 5. Should You Do It Yourself? ................................................................ 17 6. Be Patient ........................................................................................ 17 7. Establish a Schedule ......................................................................... 17 8. Training ........................................................................................... 17 9. Ongoing Maintenance ........................................................................ 17

II. MANAGING YOUR DOCUMENTS ........................................................................ 4

A. Search Programs .......................................................................................... 4 1. Windows Search Options .................................................................... 4

a. Copernic Desktop Search ......................................................... 4 b. dtSearch ................................................................................. 4 c. Filehand ................................................................................. 4 d. MSN Search Toolbar with Windows Desktop Search ................... 4 e. Instant Search ........................................................................ 5

2. Apple/Mac Search Program Options ..................................................... 5 a. Spotlight Search (Mac OSX) ..................................................... 5 b. EasyFind ................................................................................ 5 c. HoudahSpot ............................................................................ 5

B. Document Management Systems ................................................................... 5 1. Full Text Indexing/Retrieval ................................................................ 5 2. Forced User Compliance ..................................................................... 5 3. Document Versioning ......................................................................... 5 4. Document Security ............................................................................. 6 5. Remote Web Access/Offline Access/Mobile Phone ................................. 6 6. Blackberry/iPhone/SmartPhone Integration .......................................... 7 7. Email Integration ............................................................................... 7 8. Additional Important Features of a DMS ............................................... 8

a. Document Viewers .................................................................. 8 b. Archiving ................................................................................ 8 c. Quick Retrieval Methods .......................................................... 8 d. Easy Administrative Tools ........................................................ 9 e. Access Control ........................................................................ 9

C. Document Management Main Players ............................................................. 9 1. Worldox ............................................................................................ 9 2. iManage (formerly Interwoven) WorkSite ............................................. 9 3. NetDocuments ................................................................................... 9 4. Document Management Built Into Case Management............................ 9


Exhibit A - The Day After: Top Five Tips For Preventing Unthinkable Disasters From Crippling Your Small Law Firm ............................................... 19


Document & Practice Management

The Foundation for a Paperless Practice I. MANAGING YOUR DOCUMENTS:

A. Search Programs: One of the most common problems facing law offices is difficulty in finding their existing documents. There are inexpensive ways to deal with this if search functionality is all you need.

1. Windows Search Options: Even if you've created a good file naming convention, you'll still need help finding some documents. Now that you've created searchable PDFs, you can search through all of them at once, quickly, by searching for particular words. Here is a survey of your options:

a. Copernic Desktop Search: RECOMMENDED - See www.copernic.com. There are three versions of Copernic, Home (FREE), Professional ($49.95) and Corporate ($59.95). Unless you're installing it in a very large firm, you only need the Professional version. You can try the free home version, but one of the limitations of the free version is that it does not search network drives. So unless you're keeping all of your files on the C:\ of the computer you're using (I certainly hope you're not doing this), the Home version will not help you very much. Copernic will search all of your files (Word, Excel, PowerPoint, PDF, HTML, WordPerfect, text and another 150 types of files). It will also search Outlook or Outlook Express email and any attachments to email.

b. dtSearch: RECOMMENDED: See www.dtSearch.com - $199 - one of the most sophisticated and fast search engines I've ever seen. It provides the most search options and file types that it can recognize. If you need industrial strength search capability involving enormous numbers of documents, this is your program.

c. Filehand: See www.filehand.com - FREE. Instantly search for files on your computer, by content. See the extracts of the files you found, even for PDF files. Scroll through the extracts so you can quickly find the information you're looking for. Find the file you are looking for, even when many files match, because Filehand Search sorts the results by relevance. Do complex Boolean searches and searches by phrase. Use it all the time because it is so simple to use!

d. MSN Search Toolbar with Windows Desktop Search: This is in Windows XP only - see http://desktop.msn.com/ - FREE.


e. Instant Search (Windows Vista and Windows 7): For more information on this, see http://tinyurl.com/6j584x. This is included with all versions of Vista.

2. Apple/Mac Search Program Options:

a. Spotlight Search (Mac OSX): This is included with the Mac OSX operating system. For more information, see http://support.apple.com/kb/HT2531

b. EasyFind: Free - see http://tinyurl.com/d6se856

c. HoudahSpot: $15 - see www.houdah.com/houdahSpot

B. Document Management Systems: Document management systems (DMS) are simply hardware/software systems that automate the document management process. Specifically, a DMS provides an organization with the tools to create, manage, control, and distribute electronic documents. Stated more succinctly, a DMS is the ultimate electronic filing system which will allow you to easily create complete parallel electronic files. You can find anything at any time and get everyone in your office on the same page. If something like this is financially out of reach now, keep it in mind as your firm grows. It's one of the few technologies that change everything and can really impact your efficiency in a positive way. There is simply no better way to manage client files.

A DMS does much more than a plain search program. For example:

1. Full Text Indexing/Retrieval: A true DMS provides several avenues for users to find documents. One option is to search for words contained inside the file. This is the ONLY function offered by search programs. As you will read below, a DMS does a lot more than that.

2. Forced User Compliance: This is possibly the most important part of a DMS. It means that your DMS takes over all Open, Save and Save As commands in any application the user uses. This ensures that all documents will be saved within the DMS, and will be available for searching. This feature eliminates the possibility of users saving critical firm documents on their local hard drives, or saving them in a private directory where others cannot retrieve the document. By contrast, a plain search utility cannot force users to do anything a particular way.

3. Document Versioning: A document version is draft of a document saved as a subsequent revision of a prior draft. By creating discrete versions of a document, it is possible to retrace its evolution. Document versions generally run linearly, such that version 2 follows version 1, version 3 follows version 2, and so on. Some document managers enable users to create branches, or sub-versions. When using sub-versions, version 1 (called a major version) may be followed by version 1.1 (a minor version), then by version 1.2, and at some point a new major


version, version 2, is created. A DMS that supports version control must allow users to spawn new versions, within accepted guidelines, to return to prior versions, and to offer tools to work with versioned documents, such as redline comparisons.

When versioning is turned on, the user can be prompted to save the document as a new version, or it can be a mandatory setting. Here is an example of the dialog box.

4. Document Security: Document security places the DMS at the focal point of access and permission to the document repository. Document security involves documents, users, and groups of users. The DMS assigns rights and permissions to documents based on individual users, groups of users, and the roles in which users serve within the organization. For example, documents saved in the administrative profile group would likely not be available to all users. Those documents can be secured by user, user group or by role. You would also have the ability to secure an individual document that otherwise would be available to everyone.

On the same subject, the history of a document is crucial. Most DMSs will save a history of each and every document created, with administrative reports available to track a document from beginning to end. Those type reports describe each action in the life of a document including who performed the action, its date and time, and the nature of the action itself.

5. Remote Web Access/Offline Access/Mobile Phone: Your DMS should have the ability to mirror documents locally, in the event of a network failure. When the connection to the network is restored, any


changes should be seamlessly re-synchronized to their network counterparts.

Most DMSs also have an internet component which allows internal users the ability to access any documents in the DMS from a remote location, with the same security in place as if they were accessing the documents locally. Additionally, security can be set so the DMS can act as a portal for a law firm’s clients to access documents specifically related to their case.

6. Blackberry/iPhone/SmartPhone Integration: For the times when you are on the road with no access to a PC, you can also access your documents via your mobile phone.

7. Email Integration: The ability to share your client related emails with others in the firm is on the to-do list of many firms. With a DMS, all client related emails can be easily saved along with the other client related documents. They are also text searchable for easy retrieval.

The ability to save email is extremely important in light of the number of client-related emails we receive in our inbox on a daily basis. With a DMS, a new toolbar is typically added to Outlook which makes email very easy to save into the system. Here is an example of how this looks in a DMS:

You can also drag and drop email on to shortcut folders that will automatically save the email:


8. Additional Important Features of a DMS:

a. Document Viewers: An enterprise-level document management system is called upon to manage more than one type of file. In a typical installation, the DMS is managing word processing files (often generated by more than one word processing program) spreadsheets, data tables, image files of various formats, project files, HTML files, and so on. As these files, or objects, are under the control of the DMS, it must provide a means to view these files. The file viewers are integrated into the program such that text "hits" found during searches are highlighted in the viewers. It is certainly easier than opening each item until you find the one you want.

b. Archiving: Archiving is a means to move dated or unused files off the main storage medium to secondary storage. The DMS must ensure that users can still search for information in the archived files and, if desired information is contained in an archive, that there is a ready means to restore it. Many document managers will allow site administrators to set "triggers" in the document profiles that enable automated archiving. For example, it may be desirable to set internal memos to be archived automatically after say, 90 days.

c. Quick Retrieval Methods: Being able to save common searches, and easily access your recent searches is very helpful. Most systems will allow you to quickly access your last searches as well as the last documents you have created/edited.


d. Easy Administrative Tools: A DMS administrator should be able to easily make changes to large groups of documents, as well as easy access to common tasks such as adding new users, setting up security and refining profile group tables.

e. Access Control: As networks have become commonplace, so too has collaborative authoring and editing of documents. A document management system must provide some way for multiple authors to coordinate activities across one or more documents. One of the primary means for doing so is to implement a document check-in/check-out regimen. When a user checks out a document, he or she has the option of "locking" it so that other users can view the document, but cannot make any changes to it. This prevents problems that may arise when several workers attempt to edit the same document at the same time. With check-out, only one worker may edit a file. When finished, the worker checks the document back in through the DMS, making it available to other users once again.

C. Document Management Main Players: I’ve listed below the main players in the legal market, but there are many other options.

1. Worldox: See www.worldox.com. Worldox is easily the most popular option for solos, small and mid-sized firms.

2. iManage (formerly Interwoven) WorkSite: See http://www.interwoven.com. This options is more expensive and tends to dominate in larger firms.

3. NetDocuments: See www.netdocuments.com. This is strictly a cloud based option and is therefore going to be less expensive up front than the aforementioned options.

4. Document Management Built Into Case Management: Every case management program (both shrink-wrapped software and cloud based options) listed in paragraph V. above contains document management functionality, some more sophisticated than others. Time Matters, for example, has pretty sophisticated document management ability.


II. CASE / PRACTICE MANAGEMENT SOFTWARE:

A. Why You Need Case Management Programs (“CMPs”): Case management programs (aka practice management programs) will handle your calendar, contacts, matters, time-entries, phone messages, etc. It organizes your life, it “thinks” like a lawyer and it is essential.

B. What Case Management Software Helps You Do:

1. Manage Your Files: The most important element of a CMP is file/case/matter management. It is the feature that all PIM’s (personal information managers such as ACT!, Goldmine, Outlook, etc.) are missing. Your law practice revolves around your files. The information you have on all your files is seemingly endless. Being able to access all of the information you have about your cases (who is involved, events, tasks, communication, time entries, etc.) immediately is so incredibly valuable to your practice. This same information is also available to everyone in your firm who works on that file. No matter how much you customize your PIM, you will not get matter management.

2. Manage Your Contacts: Communication with not only your clients, but with all those who are involved with your firm is key. It is important that information relating to the people in your contact database is consistent, kept up to date, and complete. By training the staff to properly input contact information, you will be able to fax, e-mail, call or communicate in writing with a contact with a minimal amount of effort. Contact information can also be used to do preliminary conflict checking.

3. Manage Your Calendar: In the legal world, calendars change all the time. You need a way to manage your calendar, and to manage your calendar as it relates to others in your firm. You need to be able to see calendars with any variation of people and resources, in a day, week or month view, including whatever events you want to see. It is important that the calendar is easily changeable, easy to read and that it is easy to find times when you and others in your firm are available. You also need the ability to schedule a resource (conference room, library, firm projector, etc.) without having to speak to the receptionist who holds the appointment book for the resource.

4. Manage your Tasks: Your day is about prioritizing the endless list of things that need to be done, both for your clients and for your firm. Deadlines are critical, and your case management software should be able to manage a task from the time it is put on the list, until it is billed and ready to send to the accounting system. Often times, your tasks are linked to other tasks. One thing cannot be done until another thing happens. Your case management software needs to be able to link events easily.


5. Manage Your Time Entries: It MUST be as easy as it can possibly be to bill for your time. You need to be able to track and manage your time, by seeing how much time you have accumulated for the month, see how much time has been sent to your billing package and see your time sorted by matter. The majority of your billable time comes from appointments, tasks, phone calls and e-mails. A good case management software should help you capture otherwise lost billable time.

6. Manage Your Communications: Phone calls, phone messages and e-mails are a regular part of your life. Effectively managing them is the single most important thing to do to improve client satisfaction. Your case management software should allow you easily record and bill for your communications. So much time is lost because of communication that is not recorded manually. Mastering the management of your communication will pay for your case management software and implementation over and over again.

7. Assemble Documents Quickly: Creating a document in a law firm is often a fiasco. It usually involves the preparer of the document either racking their brain thinking “who was the last person that had a similar document created like the one that needs to be prepared”, only to search for it, do a “save as” and then a “find and replace”, or reinventing a document that has already been created by someone else in the firm. Managing the preparation of your documents is a critical time saving feature of case management software. Taking on the project of organizing your most frequently used documents into a template structure, and then creating those documents from within your case management allows you to be sure there is consistency in the documents created in your firm, and since the client information is extracted from your case management software, there is less chance for client information error in the document.

8. Manage your Research: Accessing your research provider easily and compiling your firm research into a central location so others in your firm can have access to the information you have already discovered, will save time and money on legal research. You will also eliminate the need for others to find the same information that has already been catalogued for the firm. The different software programs approach research organization differently.

C. Case Management Main Players: There are many more than this, but here are some leading candidates:

1. Purchased Options: Here are some “shrink-wrapped” options:

a. AbacusLaw: Abacus Data Systems, Inc. - 800.726.3339; www.abacuslaw.com


b. Amicus Attorney: Gavel & Gown Software, Inc. - 800.472.2289; www.amicusattorney.com

c. Client Profiles: Client Profiles, Inc. - 866.720.5005; www.clientprofiles.com

d. Law Base: Synaptec Software, Inc. - 800.569.3377; www.lawbase.com

e. Practice Master: Software Technology, Inc. - 402.423.1440; www.stilegal.com

f. ProLaw Ready: Thompson/West - 800.977.6529; www.prolaw.com

g. TimeMatters: LexisNexis - 800.328.2898; www.timematters.com

2. Cloud (Subscription) Options:

a. AdvologixPM: www.advologix.com

b. Clio: www.goclio.com

c. Credenza: www.credenzasoft.com

d. Houdini Esq: http://houdiniesq.com/esq.html

e. Rocket Matter: www.rocketmatter.com

f. MyCase: www.mycaseinc.com

3. Accounting Programs with Significant Case Management Capability:

a. PCLaw: see paragraph IV.F.1. above.

b. ESILaw: see paragraph IV.F.3. above.

D. Recommended Case Management Programs: Of all of the contenders, I'd recommend considering the following:

1. Amicus Attorney Small Firm Edition: You need a Windows server to run the Premium Edition which I'd highly recommend if you have the budget for it. However, Small Firm Edition will run on a stand-alone computer or a peer-to-peer network.

• 1 users: $499 for license + $280 maintenance = $779

• 5 users: $2,095 for licenses + $1000 for maintenance = $3,095


2. Amicus Attorney Premium Edition: Requires a server, but very powerful.

• 1 users: $999 for license + $350 maintenance = $1,349

• 5 users: $3,395 for licenses + $1,350 for maintenance = $4,745

3. Time Matters:

• 1 users: $950 includes the software license and maintenance

• 5 users: $3,150 includes software and maintenance

4. PracticeMaster Basic Edition:

• 1 users: $150 for license + $65 maintenance = $215

• 5 users: $350 for licenses + $149 for maintenance = $499

5. Credenza:

• $9.95/month for one user

• $19.95/user/month if you have 2 or more users and want to share data

E. Implementation Considerations: Installing case management software is absolutely nothing like installing a program like Microsoft Office. It is very complicated, a lot of customization will be involved and you’re likely to link it with at least two other programs you’re already using (like an accounting program, Microsoft Word and Outlook). None of that is easy, even if you read the 600 page manual that comes with the program. So here are some thing to keep in mind.

1. Don't Expect a Perfect Fit: As you can see above, there are a lot of choices here (the above is only a small subset of everything out there). The sales department of each manufacturer will likely tell you that their program is the best one out there. The reality is that it's extraordinarily unlikely that any program will do everything you want exactly the way you want. All of the major players can be customized significantly and it's likely that you can get a program to do about ninety to ninety five percent of what you want, the way you want. In spite of that, it's still worth pursuing and the benefits of a properly implemented CMP are enormous.


2. Questions To Answer Beforehand:

a. What Problems Are You Trying to Address: If you're considering a CMP, then you probably already have a list of issues that you'd like to take care of. Write them down.

b. What Functionality Would You Like to Gain? Read through the list of functions that CMPs provide above (paragraph V.B. above) and write down the features you would like to take advantage of. Sometimes reading about what you could have helps you determine what you need.

c. Planning to Grow? If you plan on adding more employees or partners, you need a system that can grow with you.

d. Reporting Requirements: One of the big advantages CMPs give you is the ability to run reports about your practice. For example, if you're in litigation, it would be nice to see a report of all upcoming statutes of limitation. If you're a probate attorney, you might want to see a list of all upcoming due dates for all probate matters (dates that things need to be filed like inventory & appraisals, fiduciary accountings, estate tax returns, etc.). So think about this in advance and make a list of reports you absolutely need and any that would be otherwise useful. Also include in your list the pieces of information you want in each report.

3. Information You Should Gather Beforehand:

a. Inventory Other Programs and Devices You Plan To Continue Using: For example, you want your new CMP to work with what you already own, so write down all of the names, versions/editions of existing software or devices. Very importantly, you need to identify:

• Word processor(s)

• Email applications

• Accounting program(s)

• Document assembly software (if any)

• Document management applications (if any)

• Scanning software (Adobe Acrobat, PaperPort, etc.)

• Smartphones you would like to synchronize with the system


b. Inventory Hardware & Network: Here are some other pieces of information you'll need.

i. Network Type: Do you have a server-based network (Windows or other network operating system running on a dedicated computer); or do you have a peer-to-peer network where individual user computers are connected so you can share files or Internet access, but there is no true server.

ii. Log-ins and Passwords: Software will need to be installed on your server (if you have one) and all connected computers. Therefore, the person who handles the installation will need to know the login and password for each computer (including the server).

iii. Desktop/Notebook Computer Specs: Age, specs and operating system for every computer in your office. If you have a Windows computer and would like to know its specific configuration, you can use free applications like www.lookinmypc.com or www.belarc.com/programs/advisor.exe to produce a configuration report.

iv. Wired or Wireless: Is your network wired, wireless or both. If you're using both, how is the wireless connection being used?

v. Antivirus: What brand and version of antivirus software are you running?

vi. Remote Access: If you have more than one office or want to work from more than one location (say home and office), what type of connection exists between the two places? How to you gain remote access? For example, are you using a VPN, terminal services, Citrix, gotomypc, etc.?

vii. Exchange: Do you have access to Microsoft Exchange? Exchange could be running on your server or you could be renting it in the form of "hosted Exchange".

viii. Back Up: You'll need details about how your backup system works (tape, hard drive, Internet, type of backup software being used, etc.).

c. Data Import: You never want to start out with an empty CMP if you already have case information entered into another program. For example, you might have all of your current clients in


Timeslips (a billing program) and your electronic rolodex is in Outlook. You would want all of your cases and contacts imported into the CMP you're considering so you can hit the ground running. You want to make sure that anyone you work with on a CMP implementation is aware of these facts well in advance.

d. Practice Information: The following information will be relevant for customizing a CMP for your practice. You can save yourself some time by compiling this information now.

i. Users In Your Office: How many lawyers, paralegals, legal secretaries/assistants, law clerks and other support staff do you have? Are they located in one physical office or are they spread across multiple offices? Do you have anyone who works from home?

ii. Case/File Types: Types of cases you handle - for example, Estate Planning, Real Estate, Probate, etc. It's fine to have a "miscellaneous" option as well.

iii. Party Types: Parties are people or entities involved in a case and they're specific to the type of case. For example, in a probate matter, I have decedent, fiduciary(ies), Judge, heirs/beneficiaries, and the like. If it were an entity formation (say a new corporation), then I might have shareholders, directors, officers, and an incorporator. In a litigation matter, I might have opposing counsel, plaintiff, defendant, witnesses, insurance agent, judge, etc.

iv. Case Information: For each type of case, compile a short list of information that you need quick access to. For example, in a Probate matter, you might want to know 1) date of death, 2) social security number of the decedent, 3) testate or intestate, 4) county of domicile, 5) probate court case number, 6) fiduciary's name and contact information, etc.

v. Contact Groups: A "contact" is any person or entity that you deal with. If you were to go through your rolodex of contacts (names, numbers and addresses), what groups would you use to classify those contacts? Of course, many of the group designations may apply to a single contact. For example, you might have clients, judges, lawyers, friends, co-workers, etc.

4. Caution About Customization: Most people initially believe that customization is one of the most important features of a CMP. Of course, the program must be customized to your practice and the irrelevant pre-customizations that may come with the program out of the box need to


be deleted. In other words, if you do not handle real estate matters at all, then you don't want "Real Estate Transaction" as a file type although it may have been included with the initial installation. Where some firms go overboard is with "custom fields." For example, if I handle estate planning, I may be able to set up additional data fields within an estate planning file where I could enter hundreds of pieces of information about each client. The reality is that this is massive overkill, and most firms end up never entering anything into all of those little fields they set up; and those who actually do enter data in all of those fields end up with an enormous, unwieldy database. Custom fields should be used for information you frequently have to look up; answers to questions which often require you to locate the physical file in order to answer. Do you need a custom field in order to look up who a client chose as their second successor co-agent in their financial power of attorney? Probably not. Therefore, those kinds of things are a bad use of custom fields.

5. Should You Do It Yourself? CMP programs are complex and you can read every single page of the end-user's manual that comes with the program and still only know 25% of what you need to know in order to successfully install, customize and integrate the CMP. If it were easy, everyone would have one. Don't be misled into thinking that installing a CMP is akin to installing Microsoft Office. If installing Microsoft Office is analogous to installing a small air-conditioner in your bedroom window; then installing a CMP is analogous to installing a new central air conditioning system in your whole house, including all new duct work.

6. Be Patient: A successful roll-out takes time. Don't rush it. If implementation needs to be rushed due to some external factors, you're probably better off waiting.

7. Establish a Schedule: If you're retaining a firm to handle your installation, integration, data import and training, ask for a specific schedule for when each item is to occur. If the consultant can't give you any ideas, then they probably don't have enough experience to be in charge of your project.

8. Training: The training should be a significant portion of the budget. If you don't want to spend the money on training, then you need to abandon the idea of setting up a CMP because you're wasting your money. I believe that the training must be hands-on (everyone has a computer to follow along on) and don't be surprised if it takes 6 to 8 hours for each person to get up to speed.

9. Ongoing Maintenance: All CMPs offer some period of free technical support with their program which may or may not be that useful. More and more of them are requiring that you sign a "maintenance contract" which typically gets you technical support and all upgrades during the maintenance period. Therefore, you need to take those maintenance costs into consideration when doing projections for total cost over a


period of years. Find out the details about the included tech support and also what your consultant offers. Since the firm that set up your system already knows all of the particulars, how you're configured and what other programs you've integrated, an issue that takes an hour to resolve with the free tech support may take only 5 minutes with the consultant. Therefore, it may be worth your time to pay for fast and efficient tech support from a consultant even though you have also paid for a "maintenance" contract with the software manufacturer.


Exhibit A The Day After: Top Five Tips For Preventing Unthinkable Disasters From Crippling

Your Small Law Firm

By Erik Mazzone

This article was originally published in SmallLaw on August 23, 2011. SmallLaw is a free weekly email newsletter that provides helpful information for those who manage and work in small law firms. Learn more and subscribe at technolawyer.com/smalllaw

With Hurricane Irene just recently having rumbled her way through my adopted home state of North Carolina — including making a mess of our beautiful Outer Banks and eastern regions — disaster preparedness (or business continuity to use a popular euphemism) is on my mind. Watching Irene's progression up the east coast and the trouble she wrought en route, I imagine it must be on some of your minds too.

When we talk about technology, we often engage in a facile and glib debate over operating systems, Angry Birds, and coolness. God knows, I'm a card-carrying member of that club — new and cool is my red meat as regular readers of my SmallLaw columns well know.

But in deference to all the law firms who are digging out from Irene, I want to use this issue of SmallLaw to address how to get your firm as ready as possible for the next Irene Mother Nature throws your way. Below you'll find my top five tips.

1. Go Paperless: The discussion over going paperless in a small law firm often centers on efficiency, collaboration, ethics and mobility, all of which are important facets of the decision.

However, it's not until you wake up one day, however, and your entire office suite is under six feet of water and your paper files have turned to pulp that paperless' importance as a disaster preparedness measure become clear.

Sure, you may only need offsite digital copies of everything once in a career — but the day you need it, you really need it. Offsite backup is a good start, but if only 25% of your key data is digital, you are still sunk when the high waters arrive.

2. Sever Your Servers With Hosted Communications: Floods and natural disasters are good reasons to consider embracing hosted communications — meaning both your email and your phone system. If your communication hubs run out of server boxes in your office and they're under water, they're useless. Sure, some backup strategies can help mitigate this problem, but if I were running a small firm today, I'd get rid of all my servers — applications, email, documents, telephone — the whole shebang. With Hosted Exchange, Google Apps, and VoIP phone systems, it has never been easier.

3. Centralized Document and Practice Management: According to the ABA's 2011 Legal Technology Survey, the adoption rate of document and practice management software in small law offices remains dismal.


Anecdotally, in my work, I find that law firms regard this software as somewhere between an unnecessary expense and a "nice to have." Much like the decision to go paperless and host your communications, if you imagine having to run your firm the day after a disaster (with all of your employees working remotely from their homes), the decision to centralize document and practice management is not a luxury, but a necessity.

Frequency of need is not the same as degree. You only need an emergency room once in a while, too, but if you didn't have one nearby the day you needed it, you'd be in big trouble.

4. Laptops Over Desktops Plus Smartphones and iPads: I frequently talk with lawyers who debate whether to buy their staff laptop or desktop computers, citing that desktops are cheaper and more powerful. A disaster should convince you that mobility trumps the marginal cost savings and power of desktops.

Laptops have another advantage. When the power goes out, they continue running for a few hours. But even laptops have their limits. Smartphones (and 3G iPads) tend to have a much longer battery life, and can access the Internet via your carrier. Some smartphones can even serve as a mobile hotspot. Law firms have issued smartphones to their lawyers for many years. Some have begun to issue iPads as well.

5. Home Office Essentials: For your lawyers and staff to be productive working from home while your office is underwater, in addition to a laptop they will need an internet connection robust enough to run their VoIP phones, a headset with a microphone, a printer, and a scanner.

Whether you provide this equipment for your staff or require that they provide it for themselves is a matter of your compensation and training systems. Either way, if you want your staff to work rather than just watch Sports Center until your office reopens, they will need the tools to perform their work.

Conclusion: I hope you and your firm survived Hurricane Irene with nary a puddle. But I also hope this article prompts you to prepare for the unthinkable.

Erik Mazzone is a practice management advisor. He writes the blog Law Practice Matters. [email protected]. Reprinted with permission.


Date post:	26-Apr-2020
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