Joseph L. Kashi

Transcription

1 NEA Digital Office Overview Joseph L. Kashi

2 Being Digital Virtual Law Office is already here in varying degrees In a very real sense, you are being virtual whenever you use , the telephone or transfer documents on-line Are we further ahead with digital offices?

3 Today s Topics Going digital and how it can help you be more effective and efficient Electronic litigation: Approaches, How-To Enabling technologies in the office Security and, if time, computer hardware and electronic evidence under new FRCP

4 Downloads and Breakout - download current tech articles on computer hardware, printers, scanners and cameras and this sessions handout and PowerPoints kashi@alaska.net questions Breakout session today

5 The Basic Challenge You must be efficient AND effective Reducing costs while increasing effectiveness is within our control Transitioning to the digital law office and to the virtual law office

6 Our Basic Premise Effective automation is more critical than ever to a successful law practice Efficiency and effectiveness both require good planning and user group input. Don t merely throw expensive technology and staff time at what is really a law practice management and planning issue.

7 Cultural Shifting Examine and rid your office of comfortable but obsolete practices that are no longer optimal in the electronic era. Legal profession one of the last to change Premise Paper printed only as needed

8 Abandon the paper file approach to office organization and embrace electronic documents as our primary file the federal courts did this years ago. Re-using imaged documents for evolving litigation purposes is very efficient

9 Requires substantial cultural change and change in how staff hired and utilized. Allows remote access and easy coordination with attorneys and clients Follow through is critical to effectiveness, efficiency, and avoiding malpractice through inconsistency

10 Legal Transition Not Difficult Evidence Rules 1001 (3) and 1003 make explicit provisions for the use of printouts, electronic records and duplicates keep only critical paper originals. No major difference between photocopied duplicate and scanned and saved document and later printed as needed

11 Making the Transition Don t elaborately plan a transition to a digital filing system, just start doing it with new documents as they re produced and received. Structuring files later today. Within three months, you ll find that most documents that you need daily are already imaged in your computer system.

12 How Fast? First decision: how much paper to retain Secondly, staff s tech knowledge and enthusiasm Determining electronic file structure Balancing short term and long term needs

13 You Need: Leadership, not management A well-considered plan with clear interim and long term goals Buy-in and innovative spirit by associates and staff Good communication within office

14 You Do Not Need Covert resistance to change Too many vendors and consultants planning your system around their needs Endless talk and slow action Buying more than you can digest now

15 You Do NOT Need Slow Internet or private network speed this is fatal and now unnecessary Off-premises storage of primary litigation and other electronic files Slower Member privacy and general security concerns

16 Cost Efficiency Premise When possible, personally perform minor clerical tasks that can be accomplished just as easily by you using technology Often faster, more reliable and less costly Example: Image, annotate, name and store client documents reviewed by you during interviews

17 Benefits of the Electronic File Restructuring a large electronic case file takes perhaps an hour or two If you retain a paper file, filing that paper is much simpler when you can first search a digital file. File retained paper by date. Archiving and deleting electronic files wiping data, avoiding portable drives

18 Clerical staff requirements are reduced Electronic files confer a substantial litigation advantage and allow you to adapt quickly to new or impeachable evidence. Print hard copies only as needed and discard the paper copies when they re no longer necessary. Use CD and DV but BE AWARE OF METADATA

19 By working with the full purchased version of Acrobat 9 Professional, you ll be able to annotate and bookmark your PDF litigation files and produce sharp looking exhibits quickly. Your clients can use the free Acrobat 9 Reader to comment on documents and markup your Acrobat files and return them.

20 Load your entire case file on to your notebook computer or take it with you on one or two CD disks It s easy to share a complete file with other counsel or clients by burning a CD or flash disk PDF documents and attachments to experts quickly

21 In The Courtroom Complete file instantly accessible Electronic trial notebook bring a paper backup, though! Use and reuse Acrobat document collections as in-court visuals very fast and flexible

22 BACKUPS! CRUCIAL!! Most data is lost due to user error Also better protection from casualty loss Easy now with portable USB hard disks

23 Easy Client Copies After you have imaged incoming documents, send the original incoming documents to your clients with the appropriate informational stamp. Retain the electronic copy as your original. Back it all up daily.

24 Electronic File Structures Reflect existing practice, use real names Consistently naming your retained document images is critical. OCR all Acrobat documents so searchable Use a document naming convention consistently and train your staff.

25 YOU must be able to find docs quickly Example: Discovery should have the word Discovery as the first word of the name, with appropriate identifying information. Discovery Plaintiff first Interrogatories to Defendant XYZ served You can also scan or combine all related documents into a single PDF file, such as accounting motion - complete.

26 Use Simplest Feasible Structure. Current Cases Client XYZ Correspondence Discovery and Disclosures Work product Research Investigation Internal notes Pleadings Witnesses Liability Damages Economic Medical bills Lost income Medical records

27 Case Management Crucial function for effective practice and avoidance of malpractice Right-sizing for your style and practice group size Internally developed systems common

28 Commercial Programs ProLaw Time Matters Amicus Abacus

29 Do It Yourself Really suited only to solo practitioner or small group Outlook Exchange Google Docs/calendar

30 Knowledge Management Centralized form file and precedent system Enterprise level search Brainware, Worldox or Interwoven Imaged materials, briefs, research memos etc should be easy to find and reuse Increases ROI on intellectual effort!

31 Why Track / Analyze Time? Evaluate productivity and efficiency of associates and outsourced work Evaluate when efforts are excessive Attorney fee motions Time diary to defend APL type claims

32 The Virtual Law Office An old concept with new jargon and hardware that s suddenly a buzz word Characteristics: Stable core group of senior attorneys; Established collaborative relationships Is glued together with technology; and, Expands and reduces personnel as needed May have some off-site support staff

33 Staffing the Virtual Law Office Fewer on-site experienced attorneys, staff Mentoring will be more difficult Long term practice group relationships will both expand and loosen Office structures will become more horizontal rather than pyramidal Technically proficient staff at a premium

34 Virtual Office Technology Very fast network connections crucial Document imaging and central storage Free Internet-based applications are handy for light duty work on the go Free apps not yet able to fully compete with regular desktop applications, but consider high end products like Catalyst Performance, feature and security issues will limit their usefulness

35 Possible Virtual Office Models Cadre style stable core of experienced personnel who can direct and monitor temporary help as needed Traditional style office with a flattened, more horizontal structure Specialized boutique offices

36 Choosing Software Systems VERY hard to change basic systems! Long term product viability is critical Good support is just as critical as features Interoperability very useful Look for integration capabilities User interface critical File formats critical Don t forget training, reliability and ease of maintenance Bring the staff into the decision!

37 Fundamental Litigation Support Digital Dictation Dragon Legal Documents: Acrobat Pro, plus search Litigation Support: CaseMap, TimeMap, NoteMap, TextMap Case Management crucial

38 Simple Document Management Consistently naming your retained document images is critical. OCR all Acrobat documents and search them for content Use a document naming convention consistently and train your staff.

39 Example: Discovery should have the word Discovery as the first word of the name, with appropriate identifying information. Discovery Plaintiff first Interrogatories to Defendant XYZ served You can also scan or combine all related documents into a single PDF file, such as accounting motion - complete.

40 . Use Simplest Feasible File Structure Should be easily reconfigured Should be easy to find documents without a search engine Should match your preferred trial notebook structure, because it will become your trial notebook Save PDF copies in multiple locations

41 Authentication Retain original documents to the extent that might be necessary for recording or to prove your case under Evidence Rules 1002 and 1003 You may need to show that any scanned documents have not been altered, which is clear using a file format such as a locked Acrobat PDF

42 Digital Briefs Extremely powerful. Include audio testimony, video deposition clips, photos, scanned documents, links to exhibits. Requires Acrobat Professional to produce Re-used portions of imaged documents key to efficiency and speed. Take disclosures, turn into opening visuals, cross-exam materials, closing visuals

43 Remote Access Highly useful for the virtual law office Several cheaper Internet-based methods Virtual Private Networks VPNs Remote access software, Laplink Gold, PC Anywhere, GoToMyPC Google Docs

44 Computer Security Major discussion in downloadable comprehensive security article at Major issues: wireless networks, remote access, unauthorized user access Fine-grained network security

45 Remember physical security Lock Acrobat documents Encryption a mixed bag Firewalls Critical data KPBSD example

46 Office Infrastructure Networked storage and computers Imaging: scanners, storage, software, and printers. Photocopiers basically obsolete Document imaging is key to modern law practice Adobe Acrobat preferred

47 What Sort of Hardware? Check my web site under Tech Articles for detailed discussions of current computing hardware, scanners, printers, networks etc Break-out sessions

48 Basic Hardware Premises Purchase only the hardware and software that you will be able to install and begin using within the next two months or so. Purchasing binges are inefficient. Buy mainstream technology and avoid both dead-end and bleeding edge technology

49 Business needs are paramount Choose software systems with great care. Be particularly careful about ease of use, low demands upon staff, and full user buyin. Avoid the last 20%. Document imaging is key to efficiency.

50 Hardware depends upon software needs Voice Recognition and photo/video require faster systems 24 or larger monitors or dual monitors, monitors have large productivity benefit Otherwise no need for bleeding edge

51 Smart Purchase Principles Sweet Spot is ½ generation back from the bleeding edge Consider custom-built Buy systems with top quality components rather than cutting edge Fast CPU and lots of RAM will be beneficial in the long run Plan for file backup Have RAID drives in the office Consider redundant Internet and local capacity

52 Store all imaged documents and electronic file on a single network file server. Be sure that you have the hardware to completely back up your network file server every evening, and be sure that you actually do. Portable USB hard disks best. Avoid data obsolescence

53 Buy fast but still cost-effective computers, particularly for imaging. I favor progressive upgrades. Hard disk performance is most crucial Use Diskeeper to defragment. Plan on a three year replacement cycle

54 You ll need fast color laser printers if you plan to use a digital filing system. I prefer Konica Minolta You may be using more color photos for all purposes, including attachments to complaints and pleadings Combining a scanner, Adobe Acrobat, and laser printer also works well as a copier in your office.

55 Printer Essentials Color and B&W capability Laser printing Ensure it is fast Multiple paper selection Envelope capacity Test before buying many printers claiming workgroup speed are far too slow in reality, especially with Acrobat Large format printers for exhibits

56 Scanners are Essential Fast sheet feeder Fully duplex Color and B&W Resolution sufficient for OCR Scan directly to searchable PDF Flat bed scanners, even with sheet feeders, are slower and less adapted to document scanning.

57 The most efficient scanners for handling document imaging are USB 2.0 high speed sheet-fed scanners. Put a Fujitsu ScanSnap on each desk. This is inexpensive and efficient due to ease of use and good software, including Acrobat Standard, which is inexpensive to upgrade

58 Many digital photocopiers can be upgraded to include direct-to-network scanning, but at a high incremental cost and are not a good value. A good multi-function device such as HP s Laserjet 3xxx MFP series combines basic scanning, faxing, laser printing and copying capabilities but is quite unsuitable for regular scanning use.

59 Digital Photography/Video Integrate digital photography and videography into your practice. Our culture is now highly visual lawyers tend to use too many words Easy, inexpensive and surprisingly powerful addition to legal persuasion