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Law Office Technology - Transforming the Legal Profession

Created by The ESQlawtech Weekly

How have lawyers prepared themselves to deal with advancements that have been made and continue to develop in law office technology? Unfortunately, the legal profession has been slow to embrace law office technology. The concept of automating traditional tasks is foreign language to many lawyers. This malaise over the merits of educating ourselves on law office technology, and how it will transform the practice of law is in part due to human nature, which encourages us to resist change, almost instinctively.

Progressive lawyers who have made the effort to keep up with law office technology have an edge over those who haven't. Lawyers who have taken the time to educate themselves on automation will clearly be prepared for courts that convert to electronic filing, for clients who expect prompt email response to inquiries, for clients who expect to pay less for office overhead like faxing, messengers and long distance charges, and of course, for clients who expect lower fees in the delivery of services, because of efficiencies gained in deploying law office technology. Soon, lawyers that are not technology savvy will be like gas stations that don't offer "Pay at the Pump" as an option (virtually non-existent).

Law office technology that exists today is making law office management simpler and more efficient. More efficient law office management will mean a better quality of life, and certainly more profitability for lawyers who get the message.

Here are just a few considerations on how law office technology has, and is tranforming law office management, and the practice of law at all levels:

Document Management

Law office technology today makes it possible for lawyers to manage documents by converting them into electronic images using a scanner, and then storing, editing, distributing, archiving and searching them all electronically. Documents including contracts, court documents, and the like are sent for review and execution electronically, and in many instances binding contracts are created over the Internet without actual signatures or the exchange of paper.

The technologies responsible for this transformation are helping to reduce overhead costs by eliminating, or dramatically reducing messenger expenses, faxing costs, postage, and other costs associated with creating hard copies of documents. Legal fees are also reduced because the time associated with reviewing documents, circulating drafts, and completing them is reduced. Law firm management has been simplified because processes that leverage law office technology are reducing staff sizes, and maximizing the skills of those who remain.

Of course, lawyers are also becoming more efficient by understanding the powerful ways automation can aid them with law firm management issues. Even though legal fees are reduced, lawyers who are learning to harness law office technology are not suffering a decrease in revenue because the efficiency gains make it possible to complete work more quickly, handle more clients, and in most instances, reduce operating expenses, so that profit margins rise.

Electronic Communications

The advent of electronic communications tools like email, real-time chat, video conferencing, voice-over-IP, and others has accelerated the speed at which client contact, and communication with outside parties can be achieved. Along with that has come an expectation of almost immediate gratification in these areas. Lawyers who don't make efficient use of law office technology in the future will be left behind for lawyers who do.

Automation makes it possible for lawyers to have more flexible work schedules, and locations from which they can practice. Law office technology has enhanced the ability of lawyers and staff to work efficiently from remote locations without sacrificing capability. Lawyers can be away from the office for more extended periods of time without fearing the pile of accumulating work that may be waiting when they return. Law office technology is making that possible, and has improved the quality of life for those that take the time to master it.

Electronic Information Retrieval Skills

Lawyers were one of the first professions to use technology for automated information retrieval through bulletin board services, which was the genesis of information retrieval technology that exists now on the Internet. Unfortunately, many lawyers have been content to allow the extent of their electronic information retrieval skills to be limited to retrieving cases and statutes using third party information retrieval services. They have failed to follow law office technology, and to witness the development of more cost effective and more capable research tools - tools that go beyond purely legal information retrieval.

Getting results often involves finding information quickly, and having the capacity to convert this information into a format that is useful to a client. In an electronic environment it is critical to understand the significant role that online databases play in making the lawyer effective on behalf of clients. The advances in law office technology as it relates to information retrieval have been truly astounding. And, perhaps even more astounding is the fact that the cost of implementing these solutions has actually decreased as time has passed.

Disintermediation

Disintermediation consists of any direct transaction or exchange of goods and services that bypasses a middleman, professional, specialist, or institution that is normally involved in such a transaction. Lawyers are the classic example of an intermediary, because we serve as agents, brokers, representatives, and the like. As such, lawyers will be the most affected by paradigm shifts in the way clients secure legal assistance through advances in law office technology that is now available to the public at large.

For example, law office technology, legal databases, and the Internet, are all making it possible for professionals other than lawyers to offer services that were traditionally the exclusive province of lawyers. Indeed, these law office technology changes are making it possible for clients to handle many of their own legal matters without the involvement of a lawyer, or at least with much less involvement than we have seen traditionally. This particular development should be an eye opener for lawyers because it demonstrates a trend may eventually result in whole practice areas being removed from the province of lawyers.

If you think this trend is of no concern to lawyers consider that, in a recent study of pro se litigants in domestic relations conducted by the University of Maryland School of Law, seventy-four percent (74%) of people in the study sample who represented themselves reported, that they were satisfied with the result and they would do so again. Fifty-four (54%) percent reported that they decided to represent themselves because they thought that a lawyer would be too expensive, and an additional eighteen percent (18%) reported that they represented themselves because they did not think that the problem was sufficiently complicated that a lawyer's services were required. The legal problems in the study sample included divorce, child support, child custody, modification of child support, visitation, and name change. That represents a rather significant source of revenue for many law practices across the country. Given an alternative, customers will rush to more cost effective options, rather than pay what they perceive to be unnecessary legal fees.

Progressive lawyers who recognize this trend are using the very same law office technology tools to be more competitive with the alternatives that clients are seeking. The law office technology that now competes with lawyers can actually be used to make the lawyer more efficient and cost effective, at least slowing the rate at which clients will search for alternatives. Reducing the cost to the client of obtaining certain types of assistance will allow clients to opt for the assistance of a lawyer without the normally associated higher cost. Lawyers who understand this concept and who maximize their leverage of law office technology will survive and thrive under the new paradigm.

What Lawyers Should Do Now?

We have talked about law office technology as it affects the future of the practice of law, but in reality, the future is now. The law office technology we have spoken of exists today in the mainstream, and the paradigm shift has already begun. Lawyers who insist on continuing to do things the way they always have are at risk for extinction.

Law schools do not educate us on law office technology, even though it is critical to success as practicing lawyers. Even for those lawyers who practice in law firms where good law office technology systems are in place, often are too busy on client matters to really understand how they are affected by the advances in law office technology. Education on law office technology must therefore come from other sources.

What should lawyers do now? Fortunately, the very forces that are creating the need for change also provide the vehicle for making the journey. The Internet is a potent resource for educational tools on law office technology, and other resources that stand to transform the practice of law. Lawyers should create a simple program of self-education including specialized publications like The ESQlawtech Weekly. Ebooks on technology related issues are another source of information and serve to demonstrate the opportunities that exist for lawyers in todays legal technology world. They should attend continuing legal education seminars that deal with these subjects, especially seminars conducted online! They should consult with colleagues who have already mastered these skills. Lawyers who take the time to do these things will be greatly rewarded for their efforts, but the process must begin now.

Conclusion

Law office technology is creating both a need for change, and new opportunities in the legal profession. Lawyers who refuse to change will see law office technology as a threat to their existence. Lawyers who see the opportunities law office technology creates will embrace automation as a vehicle for achieving greater satisfaction in their law practices, while improving the quality of service that can be delivered to the client.

Quality law office management through proper emphasis on law office technology will continue to be the key to success in the practice of law in the future.

© 2002, ESQlawtech, Ltd. All rights reserved.

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