08.26.07
Why Paperless?
Some people might ask, why go paperless? Why go so high-tech? I figure there are a number of benefits to a paperless office:
1) Organization: It’s much easier to organize everything electronically. You can cross-index individual files so they can be a part of multiple cases, you can organize and re-organize files whenever you want. Of course, the key is to decide on a single organizational method and to apply it uniformly. The organizational benefits of going paperless disappear if there’s no rhyme or reason to your system.
2) Storage: Assume the average client file takes up 1 gb of space when converted to PDF (I’m sure the average file doesn’t take nearly that much space, but I could be wrong). A 300 gb external hard drive measures in the realm of 1.5″x5.5″x8.5″. That means you can store 300 client files in a space a little bigger than a paperback book. You can keep a complete backup of those 300 files in the space of basically a second paperback book. Think of how much room you would need to store 300 paper files. This is important because eventually, space becomes expensive. Also, storage becomes safer — a fire could wipe out all your paper files. If you have everything stored electronically, you could have a number of backups stored in different locations.
3) Portability: One of the problems attorneys face is the fact that there are only so many hours of a day. One of the benefits of going paperless is the ability to work wherever you are. For example, let’s say you have two hearings in the morning — Case A at 9 am and Case B at 11 am in the same courthouse. You also need to get some work done on Case C. One of the benefits of being paperless — you have your files for Case C with you. Of course, you could always just bring a paper file with you, but at some point the paper file might just be too large to take with you. Additionally, when you’re returning calls while waiting at the courthouse and you talk to the client for Case D, you can access their file to answer questions.
4) Easier collaboration: Whether you are working in a small firm setting or collaborating with another solo or firm attorney, it’s much easier to collaborate electronically. From sending files back and forth via e-mail to keeping files stored on an extranet (for outside collaboration) or an in-office network (for small firms), it’s simply easier — no need to have to figure out who has the file and then have two attorneys need it at the same time (and of course, if each had a separate copy, then you’d have to worry about making sure both were complete and updated).
5) Immediate updates: If you have an assistant/paralegal/associate at the office, you can get documents when you’re not in the office. Whomever’s there can take the document, scan it, and e-mail it to you.
6) Search capability: When you have all your files stored electronically, you can utilize the awesome power of desktop search software. Using this software (which will index all your files), you can locate relevant information in your files. Desktop search software will search the text of your files so you can find arguments you made in earlier briefs and motions, and you can go right to the relevant spot in a long file. Just imagine if you have 500 pages of medical records in a case and you are looking for a specific entry. Which is easier — searching 500 pieces of paper or searching a file?
7) Virtual help: Having a paperless office will make it easier to utilize virtual workers. While I’ll post more about virtual workers later, I’ll simply say that it’s easier to use virtual worker services when you’re electronic. After all, when you need the worker to reference the file, it’s easier to e-mail them instead of photocopying and shipping the file.
While there are more benefits of going paperless, these are the basic reasons I’m planning on going paperless. Well, besides the fact that I’m a techno-geek at heart.
08.24.07
The Paperless Office
As I’ve said before, all lawyers (and especially small firms) should strive to be high-tech. When I open my own practice, I plan on going paperless (or as near as possible). As part of my pre-planning, I’ve started listing the technology I want/need for the office. Here’s a rough (though detailed) list:
- Computer Setup:
- Laptop
- Maxed out RAM
- Large internal HD space
- Highly portable
- Long battery life
- Lots of USB ports
- External Setup
- Large monitor
- Full size keyboard and mouse
- USB hubs
- Laptop
- Peripherals
- Scanners
- Feeder
- Flatbed
- Printers
- Photo
- Laser
- Camera
- Digital
- Digital Camcorder?
- Digital Dictation equipment
- PDA
- Scanners
- Network
- High speed internet
- Secure wireless router
- Software
- Office software
- Microsoft Office
- Adobe Acrobat
- Photo/video editing software
- Document creation/form creation
- Case management/document management
- Financial
- Time tracking
- Database software?
- Applications
- Online fax
- Collaboration
- Desktop search
- Security
- Antivirus
- Firewall
- Metadata cleaning
- Office software
- Backup
- Backup software
- External drives
- Off-site backup?
Is this an exhaustive list? No. Of course, not all of this may be necessary, and there may be things I’m missing. As I get closer to the opening of my own practice, I’ll update this list, discuss various options for some of these requirements and distinguish between needs and wants (which is often a problem for us cyber-geeks).
08.21.07
The Third Gen
I’ve labeled myself a Third Gen Lawyer. Some of you might think that means I’m the third lawyer in a row to come out of my family. Not quite. I feel there are three generations of lawyers, similar to the way Chuck Newton talks about three waves of lawyers.
In my view, the three generations of lawyers are:
First Gen: Pre-billable hour attorneys. These “back-in-the-day” attorneys practiced the profession of law with a focus on the client and the matter at hand.
Second Gen: The billable hour attorneys. These attorneys have become slaves to the clock, six minutes at a time. The focus has gone from the client to the client’s bank account.
Third Gen: These are the attorneys who have turned their back on that overbearing master, Mr. Clock. These attorneys have turned their focus back to the client, back to the matter at hand, and away from the idea of simply billing as much as possible as often as possible.
I’m proud to call myself a Third Gen Lawyer. Are you?
08.20.07
Not a Solo, but a Small Firm
For a couple of years now, I have read the blogs of many solo practitioners. Some provide advice, others inspiration, some both. One of my favorite blogs, which falls into the last category, is The Greatest American Lawyer. On occasion, I like to go “archive diving” and read posts from the beginning of the blog.
(Note: this leads me to an interesting discovery — many blogs have links to the pages of previous months, but the links stop well before the blog’s beginning; in this case, the links go to October 2006, then I have to keep selecting previous month back to December 2004; this bothers me mainly on new blogs I find, where I like to look at the early posts, but it’s a pain in the ass to find them)
When I was looking back, I read GAL’s second post, entitled “Don’t call me a solo“. He follows this up with a later discussion of a post at My Shingle discussing the term “independent practitioner”.
I like the term independent practitioner. It denotes the essence of solo practice — the ability to practice law how you wish, independent of the judgment of others.
My feeling however, is that solo (or independent) attorneys are missing out on something when they are labeling themselves. When I open my practice, whether it is as a solo or a “true” solo (i.e., no support staff — just me, myself and I), I will be an attorney running a small firm. A firm can be defined as an association for carrying on business (scroll down to second group of definitions). In reality, a law firm is a business structure created for the purpose of providing legal services. Whether a firm is 1 attorney or 1000, it is still a business created for the purpose of providing legal services (let’s forgo the debate about what the real purpose of a mega-firm is).
So will I be a solo attorney? Sure. Will I be an independent practioner? Yes. To the limit I am not dependent on the courts/legislature/clients/bar/dealings with opposing counsel. Will I be part of a small firm? Definately.
Small Firm Technology 101
One of the precepts of the “perfect practice” I discussed was technology. Technology provides several advantages for law firms. It makes the practice of law more efficient. Tasks can be accomplished faster. Attorneys, paralegals, law clerks and administrative personnel don’t have to be tied down to a physical location.
As a solo/small firm practitioner, you are in a better position to evaluate and use technology. The decision to try out a piece of equipment/software/internet application rests in the hands of a single person (or two or three) as opposed to a committee.
The beauty of planning out your own firm is that you can determine the level of technology that you are comfortable with, and can quickly adapt your plans to emerging technologies as they come available.
With that in mind, there are several levels of law office technology to consider, each with some pros and cons. I’ll briefly discuss some levels of technology, touching on some of the pros and cons.
First, you have low-tech. This would encompass a system using basic word-processing technology and not too much else. The pro side? Cheap to implement and basically no learning curve. Cons? Extremely inefficient, and bad for profits. This will cost you in the long run, both in lost time, money and opportunity.
Second, you have what I’ll refer to as “standard”-tech. This is the level you’ll see at many of the larger law firms. In addition to the standard office software, you’ll have case management, time-tracking/billing software and electronic research (plus a few miscellaneous apps). Pros: this level utilizes some technology to run a more efficient practice; it’s generally simple to implement/upkeep; the cost requirements are usually front-loaded; and the learning curve isn’t that harsh. Cons: Well, let me ask you a question: do you only want to be as efficient as BigLaw? This level of technology may keep you at the status quo, but does not allow you to truly take advantage of technological advances to make your practice as efficient as possible.
Third: High-tech. This level takes advantage of new technological advances to streamline business and legal processes. Collaboration, remote desktop and VPN software allows off-site and virtual workers, as well as clients, to work on and view the file as it develops and progresses. Pros: This level optimizes technology to create efficient business practices. Once adapted, high-tech law practices no longer need to rely on sheer numbers of attorneys/staff members to handle complex matters. Cons: A high-tech practice can cost a hunk of money — both in start-up costs and upgrades. For those who aren’t very tech-savvy, the learning curve can be real real steep. Getting staff up to speed can also be time consuming.
I am a firm believer that every solo and small-firm attorney should strive for a high-tech practice. Because of that, in this blog, I’ll only be focusing on higher tech solutions for law-firms. In coming posts, I’ll discuss some of the law office technology concepts available for the high-tech practice.
08.17.07
My Philosophy
So what do I think would make a perfect practice? Well, there are a number of factors.
First, technology. I want to utilize technology as fully and efficiently as possible, in order to streamline business and legal processes. In a perfect practice, business processes would be streamlined to the point that they require de minimus time and could be resolved with a few keystrokes. Legal processes would also be streamlined, so time could be sent resolving client concerns.
This of course, leads into the second factor: clients. A perfect practice acknowledges a simple truth — we, as lawyers, exist to help clients. My perfect practice will be client driven and results oriented. While I do believe that the practice of law is a business as well as a profession, I also believe that when diligent, professional and quality service is provided to clients, money will follow. The primary drive of the practice should be to provide the proper service to clients.
The concept of money and clients leads to the third factor: alternative billing. The perfect practice uses the perfect billing method. I’m planning on using some form of value billing, though I’m still working out the details. This of course ties back into streamlined processes — value billing requires less paperwork than something like hourly billing.
There will be more components to this philosophy, which will be dissected and discussed further in the future.
08.16.07
Welcome. . .
. . . to my blog. I am a fairly recent law school grad (‘06) currently in private practice. I have always been a fan of legal blogs, especially ones about practice management. I’ve always had that entrepreneurial itch, which has been fostered by seeing my father, an entrepreneur and small business owner, strive and thrive.
While I am not yet ready to open my own practice, I plan on doing so with the next few years. While I realize there are many who say “go for it — you’re more prepared then you think you are” — I feel that I want to spend a long time planning out my practice.
Why do I want to spend this time planning? Well, first, the obvious reason — I don’t want to set myself up for failure, and a strong business and marketing plan will help prevent that. More importantly though, I want to (as the blog’s name implies) create a practice that is as close to perfect as possible. I want to spend as much time planning out the practice so I can provide the best service possible to the first client seeking my shingle.
To quote Oliver Goldsmith, “To aim at excellence, our reputation, and friends, and all must be ventured; to aim at the average we run no risk and provide little service.”
