Introduction to Computerized Legal Software (Law 56) Computers in the Law Office Chapter 1 Why are we here? Computerized legal software will: 1. Allow a legal assistant to be more productive and efficient; 2. Can give an attorney and legal assistant a competitive advantage in court; 3. Simplify complicated tasks; and 4. Allow the user to stay competitive in the job market. Background Prior to 1985 = computers had little to no impact on the legal organization Computers large and expensive Few large organizations used for back office functions Accounting, billing Tools included: Pen, legal pad, law books, typewriter and copy machine 1
Background With the introduction of the personal computer in mid-1980s: Legal profession originally rejected technology, then embraced it 25 years ago, no legal professional had a desktop computer Universal integration of desktop, laptop, handheld computers With DVD drives, instant Internet and e-mail access, and a printer with interconnectivity with other staff Realization of competitive advantage Small firm/sole practitioner now can compete with large/global firm Software Used by Legal Organizations Computer Use in the Legal Organization Word Processing Timekeeping and Billing Accounting and Financial Functions Legal and Factual Research Docket Control/Case Management Payroll Database Management 2
Computer Use in the Legal Organization Litigation Support Trust Accounting Probate/Estate Management Access to Court Computer Systems/Information Applications continue to be added to the legal industry Computer Use in the Legal Organization Computers now used in nearly every aspect of the legal industry, in example: Computer-based deposition technology Organize documents Small cases as well as large/complex cases Communicate with clients, co-counsel via e- mail Used in courtroom to search documents, track exhibits, make presentations, compare testimony Laptops and handhelds used for research Paralegal and Legal Assistant Role Growing need for legal assistants to have outstanding computer skills Internet use allows sending and receiving electronic messages, researching legal and nonlegal information, sending documents Courts allow filing of documents electronically, access to case information, communication with judge Legal professional remote access to office system Allowing increased quality of legal services 3
Computers in the Legal Organization A computer is an electronic device that accepts, processes, outputs and stores information Transform unorganized raw data into organized information that is relevant to use Common computers used in legal organizations: Desktops Laptops Tablets Handhelds File servers Basic Computer Concepts Input Information that is entered into a computer Keyboard, mouse, scanner, microphone/voice recognition software, Internet, e-mail attachments Output Processed information that comes out of a computer Printer, electronic files, monitor Storage Computer information to be retained and processed for use at a later time Hard disks, CD-ROMs, DVDs, flash drives Basic Computer Concepts Hardware Actual physical components of the computer system Software Instructions to the computer hardware that make the computer function Word processors, electronic mail programs, data bases, spreadsheets 4
Information System A combination of: Human involvement Computer hardware Software Raw Information All components work together to perform a task Computers, by themselves, are useless Legal Assistant Software Use Internet Internet = one of the highest impact technologies for the legal industry: Electronic Mail (e-mail) Communication interoffice, as well as with clients, attorneys, courts, co-counsel Instant Messaging Communicate in real time General and Factual Research Background research, locate experts, newspaper/technical articles, skip tracing, finding public records Legal Research Free (i.e. www.findlaw.com) Fee-based (i.e. WESTLAW, LexisNexis) Electronic filing = courts accept electronic versions of legal documents via the Internet or other electronic means 5
Internet Listservs/electronic mailing lists E-mail messages targeted to a group of people (i.e. www.legalassitanttoday.com; www.practicalparalegalism.com ) Blogs A website with information contained in posts that are arranged in reverse chronological order Web Pages Updating web pages to keep information current Commerce Research & purchase goods and services Continuing Education Attend online and computer-based classes/seminars Intranet/Extranet Intranet = an internal network designed to provide and disseminate information to internal staff using application to look like web Extranet = web-based site allows clients to access information about their case and provide input Word Processing Used to edit, manipulate and revise text Format, insert, delete, and move text easily Spelling and grammar checking Simplify document preparation Correspondence Forms Memorandums Interrogatories Legal Briefs/Motions Electronic Discovery The process of producing documents in litigation in an electronic format Assemble, produce, read, convert and search electronic discovery requests Trend for courts is to require parties to exchange discovery information electronically E-mail, word-processing documents, databases, spreadsheets, backup tapes, accounting data 6
Litigation Support Software Litigation support means assisting attorneys in organizing, sorting, retrieving and summarizing information Organize and track information that is gathered during the course of litigating a case, to be used at trial Deposition transcripts, deposition summaries, discovery of documents, motions, pleadings, and case exhibits The more complex the case, the more document intensive Database Management Software Computer program that stores, searches, sorts and organizes data Used to manipulate (arrange) information into useful reports Prepare case lists Prepare client lists Prepare witness lists Spreadsheet Software Used to calculate and manipulate numbers Automatically add, subtract, multiply, divide, numbers Perform mathematical calculations Damage projections Case budgets Amortization schedules (i.e. real estate transactions) 7
Timekeeping and Billing Software Record and track legal professionals time to bill clients on a periodic basis Automatically calculate and generate client invoices Timekeeping = tracking time for the purpose of billing clients Billing = issuing invoices for the purpose of collecting monies for legal services performed Docket Control/Case Management Software Track appointments, deadlines, hearings, and other important dates to ensure that events get scheduled and then are not forgotten Controlling attorney s legal docket is extremely important Malpractice for missing deadline Sanctions for missing court appearance Most applications include some sort of tickler/reminder Can report on attorney s weekly, monthly docket Case management adds clients, notes Presentation Graphics/Trial Software Evidence display systems Automated courtroom For juries, judges Display charts, tables, video clips, other documents/evidence Training, marketing, budget presentation For clients, colleagues 8
Trends in Legal Technology Video conferencing Out-of-state witness can appear for hearing Internet depositions Allows attorney to join, monitor, take deposition live from any location Real-time court reporting Displayed on courtroom monitors or given to judge, jurors, or attorneys on a real-time basis Electronic filing of court documents Mobile Computing Laptops, netbooks, tablets and handheld computers are also called personal digital assistants (PDAs) Mobile phones/smart phones are changing the way legal professionals conduct business Virtual law office Remote and instant connection to the law office The Paperless Office The process of converting all information into an electronic form for storage, processing and distribution Many law offices have begun the process of implementing Scan all hard-copy documents that come into office and all computer-generated documents, saving as electronic document Significant reduction in paper usage and copy costs Reduction in storage costs Increased portability Increased collaboration Quicker search and retrieval of documents 9
Security and Confidentiality Attorneys have a duty to deep client information confidential Interception of e-mails by a third party Documents attached to e-mails Passwords not being appropriately maintained Hackers Computer viruses Deleting client information Laptop computers being stolen or lost Computer disks being lost Disposing of outdated computer equipment without properly deleting all confidential information Attorney Competence Attorneys have a duty to perform legal services in a competent manner Inaccurate or inadequate computer research Prior word processing documents being used in current cases with old data left in Embarrassing typographical errors Improper computer forms used General failure to understand haw a legal computer application works Automated legal software used that includes formulas with errors 10