2002 The Colorado Lawyer and Colorado Bar Association. All Rights Reserved.

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1 As Published in The Colorado Lawyer, December 2002 Vol. 31, No. 12 [Page 45] 2002 The Colorado Lawyer and Colorado Bar Association. All Rights Reserved. Scanning Solutions for the Law Office by Susan H. Borgos Articles that appear in this Department do not necessarily reflect the official position of The Colorado Lawyer or the Colorado Bar Association, and the publication of these articles does not constitute any recommendation or endorsement of the goods or services mentioned herein. This article was written by Susan H. Borgos, J.D., CNE, CEO of Office Technology Solutions, Inc. With the increased use of e-filing and more judges asking for exhibits to be put on CD-ROM, law firms have started to consider their scanning options. The task of finding the right scanning solution can be daunting due to the many varieties of scanners on the market and the diversity of options. Although the scope of this article does not allow a thorough discussion of all of the issues, the following sections should provide the practitioner with some idea of how to get started. Scanning Goals The first step in the process of choosing a scanner is to determine the scanning goals of the firm. Does the firm want to go paperless or PaperLESS,1 or does it want to do only what is needed for e-filing? If the firm wants to go paperless or PaperLESS, does it want to incorporate old cases into the system or will it start with only new cases? Does the firm want to scan a lot of images, including photographs, negatives, and slides? The answers to these questions will help the firm decide which scanner to buy and how to use the scanner in daily legal practice. When implementing any technology solution in the firm, the key to finding the right product is to first plan how to implement the solution and work backwards to find the right hardware and software to fit the firm s needs. In purchasing a scanner, the firm should consider: (1) who is going to do the scanning; (2) when the scanning will be done; (3) what will be scanned; (4) where the scanned documents will be entered into the system, such as on a server, CD, or workstation; (5) how the scanned materials will be organized; and (6) what will be done with the scanned materials once they are in the system/network. Choosing the Right Scanner

2 Distinguishing features of different types of scanners include speed, volume, resolution, and the types of media that can be scanned effectively. If the plan is to scan only a few pages at a time, speed and volume probably are not a big concern. If the firm plans to scan primarily text, and few photographs, resolution should not be an issue.2 On the other hand, if the firm plans to scan negatives or slides, the firm should consider a scanner made specifically for that purpose. There are four basic types of scanners: drum, flatbed, strobe, and slide/negative scanners (sometimes referred to as photo scanners, but this is not necessarily an accurate description).3 Drum and flatbed scanners scan similar materials, but drum scanners can scan larger objects and scan with greater resolution than flatbed scanners. Strobe scanners are portable and are useful for scanning single sheets of text. Slide/negative scanners are the best solution for scanning slides and negatives, but are not useful for scanning anything else. A more detailed description of each type of scanner follows. Drum Scanners With a drum scanner, the item to be scanned is placed on a drum, which is rotated past a high-intensity light source that captures the image. Internally, these machines look much like the mimeograph machines used in the 1960s and 1970s. They tend to offer the highest image quality (8,000 or more dots per inch or "dpi"),4 but they are limited to scanning flexible source material such as paper and most photographs. They will not scan pages from books. Some of the high-end industrial scanners are drum scanners. Drum scanners are more expensive than flatbed scanners. If the primary items to be scanned will be text, it is usually not cost-effective to purchase a drum scanner for a law firm. Flatbed Scanners Flatbed technology continues to improve, and such scanners generally are more than adequate as the primary scanners in the legal industry. With flatbed scanners, the item to be scanned is placed on a flat sheet of glass. The light source is located underneath the item to be scanned, and the light source (rather than the scanning surface) moves down the length of the item to be scanned. These are the machines most people recognize as scanners. They resemble photocopiers largely because photocopiers are a type of scanner. Digital photocopiers are essentially scanners that create paper copies of what they have scanned. As a result, most digital photocopiers also can be used as flatbed scanners. One drawback to flatbed scanners is their paper size limitations. Some will scan 8.50 x 110 paper only, some will scan up to 110 x 140, and the more expensive scanners may scan 170 x 220 items. A law firm should purchase a flatbed scanner that is large enough to accommodate the size of documents or exhibits regularly scanned.5 The maximum scan resolution of most flatbed scanners is at least 200 dpi and can go as high as 4,800 dpi. A resolution level of dpi is adequate for most items scanned in a law office (see "Resolution," below). Strobe Scanners

3 Strobe scanners look like tubes with slots on top and bottom through which paper is fed. The paper is inserted at the top, and the scanner pulls the paper into the device, past the light source, and sends it out the bottom slot. The scan quality is fine for text and is adequate for photographs that are going to be viewed only on a computer or in a small format. These scanners are useful for travel because they are smaller and lighter in weight than other scanners. Attorneys can use strobe scanners on their desktops for scanning mail or notes as they come in or are created. Attorneys also may use strobe scanners at depositions. The deposing attorney can scan evidentiary documents as they are introduced. However, these scanners will scan only flexible materials, such as paper and small photographs. They will not scan pages from a book. Because they scan only one sheet at a time, they are not particularly useful for high-volume scanning. Slide/Negative Scanners This type of scanner has a slot sized for film, either as a negative or as a slide (some will accommodate mounts; some will not). The light scans from above the film, rather than below. Entry-level devices (which would be good enough to scan for projection or reasonably sized enlargements) scan 35mm film only, at 2,400 4,000 dpi, which is generally a higher resolution than that of flatbed scanners (although there are more and more flatbed scanners on the market that can approach these resolutions).6 Some flatbed scanners come with adapters for slides and negatives, but a true negative/slide scanner has a lamp built into the scanner, at a fixed location, usually into the lid. The fixed lamp that does not move across the page improves image contrast. Slide/negative scanners generally provide greater color depth,7 and the light is color-balanced to handle slides and negatives. Slide/negative scanners also have the ability to scan smaller photographs, as well as negatives and slides. However, the primary reason a firm would buy a slide/negative scanner would be for its ability to scan slides and negatives, not photographs, because the latter can be scanned quite well on flatbed scanners. Firms that often use photographs (for which they have the negatives) as evidence might consider purchasing a slide/negative scanner. Scanning negatives or slides at the maximum settings of these machines will provide a higher quality image when the picture is blown up for presentation purposes. When scanned at 2,400 dpi or higher, the enlarged picture will show much less grain than if it had been scanned as a photograph.8 Each of the scanners discussed above has some advantages over the others. However, in this author s opinion, the best buy for most law firms is going to be a flatbed scanner. If working with slides or negatives is important, a firm might consider purchasing a slide/negative scanner in addition to a flatbed scanner. If it is important for firm lawyers to scan their own documents, as needed, the strobe scanner might be a worthwhile addition as well. In conclusion, it is suggested that the law firm buy at least one flatbed scanner (depending on the size of the office) as its primary scanning device and consider the other scanner options as potential additional purchases. Considerations Regarding

4 Flatbed Scanners Flatbed scanners come in several different forms: (1) stand-alone, full-sized machines that are almost as big as photocopiers, with large paper trays and high-speed feed and scan capability; (2) digital photocopiers with scan and fax capability that have medium-sized paper feeders with medium speed; (3) multipurpose, all-in-one copier/fax/scanners; (4) digital senders (scanners that scan to , sending documents directly from the scanner to a user desktop or to outside parties via ); and (5) the ubiquitous desktop flatbed scanners found at office supply stores. Aside from budget limitations, things to consider when purchasing a flatbed scanner include resolution, capacity, and speed. Resolution By and large, unless a law firm relies on presenting photographic quality reprints as evidence, law firms are not going to need a high-resolution scanner. Higher scan resolution does not automatically translate to better scanning. Lower-end flatbed scanners generally have higher resolution capability, but their primary purpose is to scan photographs for printing. The benefits of higher resolution are relative. Two things to keep in mind are the following: (1) to what use the scanned document will be put projected on a screen, put on a website, printed to hard copy, sent by ; and (2) data size limitations of the media being scanned scanning to , a floppy disc, CD-ROM, or hard drive. Therefore, the purpose for scanning the document will determine the resolution needed. Resolution is generally measured in dots per inch, or dpi for short.9 This term originally was coined for printers, which drop dots of ink on the page. Scanners do not scan dots, so the term is a misnomer, but the idea is that if a scanner that scans at 600 dpi prints to a printer that prints at 600 dpi, the printed result reflects the maximum resolution of the scanner. Early scanners scanned at dpi and, for a while, 600 dpi was the industry standard for low-speed personal scanners. Now, there are many inexpensive low-speed scanners that will scan at 1,200, 2,400, and even 4,800 dpi. Documents or photographs scanned for printing later do not need to be scanned at a higher resolution than the resolution the printer is capable of printing. If a printer prints at 600 dpi, scanning at a higher resolution than 600 dpi will not make the resolution of the printed result any better. However, there are reasons for scanning at a lower resolution. First, high resolution scanning slows down the speed of the scan. Therefore, when scanning many pages at once, the job will go faster if the resolution is lower. Second, the higher the resolution, the larger the resulting data file will be. While this is a greater problem with full-color scans, it may be an issue with pure text scans as well. Text that is scanned at dpi is usually quite legible, and greater resolution is not required. For those documents that need to be scanned for editing, a process called Optical Character Resolution ("OCR") might be performed on the scanned document. If the document is of good quality, 200 dpi is sufficient for OCR. If the document is a fax or third-generation photocopy with some imperfections, it might be desirable to scan such a document at 300 dpi.

5 For photographs and other graphic images, the scanning resolution will depend on whether the image will be printed, made available on the Internet, or projected onto a screen. The limiting factor for making an image available on the Internet or projecting it is the resolution of the computer screen or projector. When scanning images for viewing on a computer or projector, the person scanning needs to take into account that the computer translates dpi into pixels.10 This means that each dot created (not dots per inch) translates into one pixel. If a 10 photograph is scanned at 100 dpi, there are 100 x 100 dots. This would take up 100 pixels across the computer screen and 100 pixels down the computer screen. The size of what is being viewed is no longer compacted into a 10 x 10 area. Without going into the calculations here, a 40 x 60 picture scanned at 100 dpi will fill a computer screen set to standard VGA resolution (640 x 480 pixels).11 A high-screen resolution of 1,024 x 768 pixels, a 40 x 60 picture scanned at 180 dpi, will fill the screen. Scanning at higher resolutions will cause the picture to expand beyond the edges of the screen or the projection. If images are scanned for the purpose of sending copies via , and it is expected that the person on the other end might want to both view and print the image, scanning at a higher resolution might be desirable. However, as noted, the higher the dpi, the larger the file that will be sent. Lawyers trying to send a high resolution image who use a modem connection or other low-speed connection (anything less than 256 kilobytes per second or kbps) for Internet access may impede the flow of through their server, hog the bandwidth for Internet use, or even slow down their personal computer. Also, if the recipient s is hosted by an Internet Service Provider ("ISP"), files scanned at more than 150 dpi may be rejected as being too large in size. Thus, data size limitations may put restrictions on the resolution as well. In addition to size restrictions, there are other instances where the size of the resulting data file should be a consideration. For example, if the image file needs to be scanned to a floppy disc, there is a size limitation of 1.44 megabytes ("MB"). If multiple images will be scanned to a single CD-ROM, the cumulative size of the images cannot be greater than between 640 and 800 MB, depending on the size of the CD. Even if the scanned images are going to be stored on a laptop or on a server, it is important to set policy as to what resolutions should be used to avoid taking up excessive amounts of storage space. If the bulk of the firm s scans are of documents, rather than color images, space is not as great an issue. Purely text documents should be scanned at the black and white or line setting of the scanner (as opposed to gray scale or color). Files created by scanning at black and white or line settings take up the least amount of space. Files created by scanning to gray scale (which is necessary only when there are black and white graphics on the page) are substantially larger than when scanned at line settings, and full color scans create the largest files. The higher the resolution and the greater the color depth, the larger the resulting file. As an example, a 40 x 60 photograph, scanned at 300 dpi with a color depth of 24 (for the average high-end scanner) will create a 6.3 MB file. Thus, photographic quality scanning (scanning at higher resolution with greater color depth) is going to take up substantial amounts of storage space. For most firms, resolutions above dpi are unnecessary. The more

6 important factors will be speed and capacity. Speed and Capacity The main concern of most law offices should be the efficiency of the scanner. How many pages can it scan at once and how fast can it do so? Photocopiers and scanners should be perceived in the same way. Just as law firms do not want support staff to hand-feed pages to a photocopier, they should not want these same people to hand-feed pages to a scanner. If a twenty-five-page paper feeder is not acceptable for a photocopier, it similarly should not be so for a scanner. The work process with either machine should be the same. Therefore, for maximum efficiency in scanning, law firm staff most likely will not be happy with the typical scanner that can be purchased at the local home and small business computer store. With regard to speed and efficiency, the document scanner market is divided into low-speed personal, low-speed business, mid-range, and high-speed scanners.12 The categories listed below deal in generalities, but should provide some perspective for evaluating scanners. All of the scanners described scan black and white (or text), gray scale, and color. 1. Low-speed personal scanners are the ubiquitous flatbed scanners found at local office supply or computer stores (Umax, Visioneer, Microtek, Epson, Hewlett Packard, and Canon make scanners that fit into this category). Multi-function printer/scanner/fax machines are included in this category as well. Sometimes, these scanners have a small automatic feeder (twenty-five pages or less). While these scanners are capable of scanning at higher resolutions, the speed of the scan may be from five to ten seconds per document and can be somewhat higher. These scanners will generally scan pages up to 8½0 x 110 or 8½0 x 140 in size, but will not handle larger pages effectively. They typically sell for anywhere from under $100 to $350 (more for the automatic feeder) and are designed for businesses or individuals who scan fewer than 100 pages per day or who need to scan and print high quality photographs and graphics. In the law office, this type of scanner is best utilized on the rare occasions when a photographic quality reprint is necessary. 2. At the lower end of the office market13 are low-speed business scanners that handle between ten and thirty pages per minute; scan black and white, gray scale, and color; and have resolutions between 150 and 600 dpi. Some can scan both sides of a page without manually re-feeding it into the scanner (known as duplexing). These also generally scan paper sizes up to 8½0 x 110 or 8½0 x 140. Such models are designed to handle between 100 and 500 pages per day and generally cost between $500 and $3,000. Many of these scanners are sold by Fujitsu, Kodak, Bell and Howell, and Hewlett Packard. Digital senders, which scan directly to , are included in this category. 3. Mid-range office scanners are designed to handle from 500 to 5,000 pages per day and are available from most major vendors, such as Fujitsu, Canon, Bell and Howell, Polaroid, and Ricoh.14 Speeds range between forty and ninety pages per minute, and resolution is between 200 and 400 dpi.15 Almost all of these scanners have duplexing capability. Their paper feeders typically handle between 100 and 500 pages and sell for between $3,000 and $10,000.

7 Straddling the low-speed and mid-range markets are digital photocopiers, which scan between twenty and sixty pages per minute, depending on the make and model. Some smaller law offices may consider these because they serve more than one purpose (that is, they will photocopy and scan, and often come with printer modules as well). They generally scan at between 200 and 300 dpi and handle between 500 to 15,000 pages per day, with feeders that can handle between 100 and 500 pages. 4. High-speed scanners are designed for production jobs exceeding 5,000 pages (some in excess of 10,000 pages) per day, and are available from only a few vendors.16 Most of these scanners are equipped with a large-capacity feeder, 500+ pages, and the higher-end scanners in this range are floor-standing machines. To scan at these speeds, the resolution is generally between 150 and 300 dpi. These scanners sell for more than $10,000, and prices can be substantially higher. Scanners in the last two categories, mid-range and high-speed, also may have such features as: (1) the ability to scan very small to large (110 x 170) documents; (2) color dropout capability;17 (3) page thickness settings, to help when pulling paper that is thicker or thinner than normal through the feeder; (4) special enhancing software, to clean up images "on the fly" (as you scan); (5) skew correction, to straighten crooked pages; (6) pre-scan, which allows the user to adjust the image before the final scan; (7) bar code readers/decoders; and (8) an endorser/ imprinter feature, which offers the ability to Bates stamp while scanning.18 Often, these higher-end machines also are capable of scanning both sides of a two-sided document at once.19 Ultimately, because the options are so many and varied, there is no one answer for any law firm buying a scanner. Careful evaluation of the firm s needs should help determine what is purchased. For example, if one support-staff person will be scanning documents, both large and small documents are involved, and more than 500 pages a day are being scanned, one mid-range office scanner might be a good idea. If multiple support-staff persons will be scanning, and staff are in offices scattered throughout the firm, the purchasing of several strategically placed low-speed office scanners or digital photocopiers is recommended. As with all things, if bulk work is involved, it is probably worth spending more to purchase a faster scanner with larger paper tray capacity to maintain staff efficiency. The Rest of the Solution Answers to remaining questions noted at the beginning of this article also should be addressed. Where will the scanned documents be entered into the system (on a server, CD, workstation)? How will the documents be organized? What will be done with the documents once they are in the system/network? There are no right or wrong answers to these questions what is right is what works for the particular law office. High-volume scanning requires a high-volume solution. Thus, who does the scanning, where, when, and how much should determine the number and type of scanners to purchase and the appropriate speed and capacity. The type of documents being scanned will determine whether resolution is an important issue or whether a special needs scanner (such as a drum or slide/negative scanner) should be incorporated.

8 Once it is decided how much data will be scanned, the firm should determine where the data will be stored. Should all scanned documents be located on the server? If so, is there enough disc space to accommodate the scanned items? Is it desirable to add external storage. How will the data be made portable if attorneys need to bring information to the trial or deposition? The person most qualified to answer these questions is the in-house Information Technology ("IT") specialist or a consultant who works on the firm s network. Once the firm decides where to send the data, how it will be organized will depend on the organizational scheme that best matches the current practices of the office. Some offices will want to use document management software to help them index and organize the items scanned. Others will use a manually created directory system. A hybrid system could be used where the documents are stored in manually created and organized directories, but with the ability to search key words created within the scanned document.20 Another alternative is to integrate scanned documents into the case management system; that is, the documents will be linked to case files and possibly associated with contact or calendar items as well. Finally, the firm needs to determine for what purpose it will use the scanned data. Some documents will be provided by outside parties and scanned as evidence. Other documents will be scanned for ing to clients or opposing counsel or to e-file with the court. Documents also may be scanned for the purpose of importing into a word processing program to generate a new version or variation of the scanned document. Moreover, documents can be scanned purely for recordkeeping purposes. For each of these purposes, the firm must determine whether the document will be put into text via OCR,21 scanned to Portable Document Format ("PDF"),22 scanned to a graphic file (commonly known as.gif,.tif,.jpg files), or scanned directly to . The firm must determine if the scanner and software that comes with it will accomplish the intended purpose. If not, new, compatible software may be needed to work with the firm s scanner. Some scanners will scan directly to PDF, but to edit the PDF files, a full version of Adobe Acrobat must be purchased (as opposed to the Adobe Acrobat Reader that most offices download for free).23 Most scanners are capable of scanning photographs and other graphics, but if scanned items need cropping, rotating, or any other graphic manipulation, special software is needed that can edit these formats.24 Sometimes, this software comes with the scanner (this is almost always true with regard to the low-speed personal and business scanners). For more sophisticated graphics, graphic editing software will need to be purchased. Conclusion Many scanning options are available to attorneys and law firms. Practitioners should carefully consider and discuss the issues presented in this article with an IT staff person or consultant to arrive at a solution that works best with the firm s existing system and methods. Purchasing a scanner and conforming to its requirements can be an expensive and frustrating experience. Therefore, before purchasing a scanner for the law firm, it is important for practitioners to become knowledgeable enough to make the most appropriate and cost-effective decisions.

9 NOTES 1. A word coined by Ross Kodner of Microlaw, Inc. to describe digitizing key documents where paper files continue to exist, but where documents are primarily referenced in their digital format. 2. Most scanners today, even the least expensive, will scan at dots per inch ("dpi") with a color depth of between 24 and 36, which is all that is needed for scanning pure text, images for the Internet, or display on a personal computer or projector. 3. By and large, scanners that scan negatives and slides do only that. The HP PhotoSmart scanner also will scan photographs up to 50 x 70, but that is not its primary function. 4. Resolution is generally measured in dpi. 5. For the occasional large document, the scanner can scan segments. Some software will help piece the segments together into a whole. Documents such as plats or blueprints are often better scanned by companies that specialize in duplicating or scanning these types of items. 6. Professional quality negative and slide scanners generally will handle different-sized negatives in addition to 35mm negatives. They also will print at graphics quality and allow quality enlargements of great size. However, these scanners can cost thousands of dollars and, for the occasional enlargement that might be needed at this quality, law firms are probably better off outsourcing than purchasing these devices. For a review of slide/negative scanners, see the following website: 35mmslide/reviews_of_flatbed_scanners.htm. 7. Color depth also is a factor in color resolution, but except for scanning pictures for high-quality reproduction, most scanners currently on the market scan with sufficient color depth. Color depth is the number of distinct colors that are represented in the scanned item. For purpose of reproducing a color photograph, greater color depth will provide more color accuracy. However, as color depth increases, so does the size of the resulting data file. Unless files are being scanned for highly accurate reproduction, color depth should not play a big part in selecting a scanner. 8. Nowadays, a good digital camera might be the better answer these cameras can photograph at high resolution and avoid the need for scanning by interfacing directly with a computer or even with some printers. 9. Sometimes, this number will be referenced as dpi x dpi (that is, 1,200 x 1,200 dpi). When the two numbers are not the same (e.g., 1,200 x 2,400), the scanner scans with less resolution in one dimension (vertical or horizontal). For a true measure of the resolution, the lower number is the limiting factor. 10. Pixels are the dots that comprise the computer screen. Standard VGA resolution is 640 x 480

10 pixels. Most personal computers are set to a resolution of 600 x 800 pixels or higher. See note 11, infra, for a definition of VGA. 11. "VGA" stands for Video Graphics Array. VGA is the default minimum resolution for most Windows-based systems. 12. These scanners also are referred to as "personal," "workgroup," "departmental," and "production" scanners. The definitions have become fluid as performance of document scanners has evolved over the years, and there is a great deal of overlap. 13. Sometimes referred to as "workgroup" scanners. 14. Also called "departmental" scanners. 15. Some of these scanners will scan at 400 dpi interpolated. This means that the actual scan happens at 200 dpi, and the software built into the scanner calculates what belongs in between the spaces, making the document look as if it were scanned at 400 dpi. 16. Also called "production" scanners, the speed of these scanners ranges between 90 and 120 pages per minute ("ppm"), with some high-speed machines in the 150 ppm range. On scanners that duplex, there is a second number used to indicate speed, such as 180 ipm. "Ipm" stands for images per minute generally, each side of the page is an image, so one page would translate to two images. An ipm of 180 would equal ninety pages that are duplexed per minute. Generally, scanners that scan at an ipm of 180 are scanning both sides of the document simultaneously. 17. The ability to scan while omitting a selected color; e.g., if a document has words highlighted in red, the red can be dropped from the scan and the highlighting will not show up. 18. The endorser/imprinter feature imprints the scanned document with a control number and/or a batch number. This feature can be used like a Bates stamper. Some offer the ability to have a label and a counter, i.e., John Doe Case 0001 the title John Doe Case is the label, and the 001 is the counter and indicates the first document scanned. 19. Some also have interpolated resolutions of 600 to 800 dpi (see note 15, supra, for an explanation of interpolation), although rarely do the scanners actually scan at more than 400 dpi. 20. An example of such a system is one where everything is scanned to PDF (see note 22, infra), and keywords are created for the purpose of making the documents searchable in Windows. 21. Files for editing or adaptation into new documents will require OCR. The more popular OCR software programs, such as OmniPage and TextBridge, have the capability of creating a document in Word or WordPerfect directly from the scanned image. 22. "PDF" stands for Portable Document Format. It is a format that is easily read by anyone with a copy of Acrobat Reader software, which is free downloadable software. Documents created in

11 Word or WordPerfect can be converted to PDF to ensure that a client (or opposing counsel) can read the document, even if he or she does not have a copy of the software that created it. Controls also can be placed on the PDF file to make it non-editable. 23. Acrobat Reader can only read PDF files it will not create them or edit them. 24. Software that may come with scanners includes Corel s Print and Photo House or Microsoft s Picture-It Express. Software the firm might want to purchase includes Jasc s Paint Shop Pro and Adobe Photoshop, which is the crème de la crème of photo editing software The Colorado Lawyer and Colorado Bar Association. All Rights Reserved. Material from The Colorado Lawyer provided via this World Wide Web server is protected by the copyright laws of the United States and may not be reproduced in any way or medium without permission. This material also is subject to the disclaimers at