Case management - if it ain't broke, add to it.

I've written a number of columns on case management programs, discussing their value as resources that require entering data only once. Many law firms have been using this software to excellent advantage.

However, some firms struggle with the idea of converting their present systems to a new resource and for good reason. Here are some situations that may cause you to pause and consider whether change is in your best interest and, if so, what kind of change may be appropriate.

You may have developed resources over time that will not convert to a new system. For example, creating merge-coded documents is labor-intensive. These are text-based documents that have codes entered in them so that information from a similarly coded data file can be merged with a few clicks of the mouse. Law firms generally code standard forms and documents so staff and attorneys can quickly generate final text.

For example, you might have standard letters enclosing your first set of interrogatories, reminding opposing counsel that they have failed to provide the answers to interrogatories, and advising that a notice of motion and a motion for sanctions are enclosed. With merge codes, you can create those letters by including all pertinent information from the data file, such as the names of the plaintiff and defendant, the court file number, your file number, and opposing counsel's file number.

Over time, word processor users also develop macros, which are a set of actions or keystrokes that are triggered by typing a name or specific key combination. The user must "record" the action to be performed as text ill the computer.

For example, you might have a macro for letters containing a complimentary closing paragraph, followed by "Very truly yours," the name of the law firm, the lawyer signing the letter, and the typist's initials. This text would be automatically typed out when you hold down the ALT-C key combination (for "complimentary close") that you have assigned to the macro. Computer users usually develop lots of macros to enter repetitious text and formats.

Many law firms have declined to move from the DOS-based WordPerfect 5.1, because the merge-coded documents and macros that they developed with this version of WordPerfect do not "translate" and work with Windows-based versions of the program.

Deciding to upgrade to more powerful computers and taking the plunge with a new, Windows-based case management program are commendable, but remember that those macros and merge documents that took so much time to create may no longer work. You may have to re-create them or learn a new method of handling the tasks that they performed.

Database conversion

Your law firm has probably developed a pretty good database, using a program like Access, FoxPro, or Q&A. Some of your information may be stored in "flat-file" databases, in which information is arranged in a single table. You have to print out each file separately, and you can view only the data included in that particular database.

You might have one database of client names, addresses, and telephone numbers; another database of information about defendants; another of expert witnesses you rely on and those opposing counsel uses; and another that generates reports representing your daily docket.

"Relational databases" are the heart and soul of all case management programs. These databases can integrate (relate) information in one file with information in another file. They can use multiple tables to store information, and each table can have a different record format. Records share common "fields" that allow users to swap data between tables and generate all kinds of reports, such as a list of cases being handled by a particular defense firm in which the defense expert is Doctor Smith.

One major concern of converting to a case management program is what will happen to all the information in your databases. Working with the vendor, you must consider how to get all the information in your existing databases into the database used by the program your firm is thinking about buying.

Another consideration is whether you should cling to old databases even if the vendor that originally published the software no longer exists.

For example, I've encountered law firms that have created sophisticated databases with Q&A, a product that is no longer licensed and has no publisher support. One firm had developed an exceptional series of reports generated from Q&A that amounted to a "home-brewed" case management program. I did a bit of searching on the Internet to see if this formerly state-of-the-art program had any ongoing support opportunities, and I found a computer programmer who had created a Web site to cater to a group of Q&A users. Because this type of support was available, the firm decided to stick with Q&A as its main "case management" program for the foreseeable future.

Before making the leap to a new software program, evaluate what you have and the time and money you have invested in it. You may find the merges, macros, and flat-file databases you have amassed are, in effect, a case management program that works for you.

You should also consider what direction your firm is taking. Are you taking on more business and handling hundreds of cases per lawyer? Do you manage a firm caseload of a thousand or more cases? If so, you need one of the more sophisticated case management programs, and you should be looking for software that will keep track of all those statutes of limitations dates, discovery cut-off dates, due dates for responses to discovery requests, fast-track schedules, and so forth.

Or you may be cutting your caseload and getting more choosy in selecting cases. If each lawyer in the firm is handling fewer than 50 cases, and there are only a few hundred cases in the firm, then you may want to stick with what you've got for case management.

In either event, I recommend that your firm move up to more powerful computers. You can run whatever case management program works for you while using Windows-based programs and the Internet for other applications and resources.

Even if you've upgraded to Windows, you can create a DOS window on the new system through which to operate those older programs. Consult your technical adviser about doing this, as some MS-DOS software requires a limit on the size of the hard disk "partition" to operate properly. (Your "techy" will know what this means.)

Program options

The following are some other products to investigate that will give you more bang for the technology buck.

There are products that allow you to prepare for trial and make graphical presentations in court that will capture the attention of jurors. Here are some programs you should get comfortable using.

PowerPoint from Microsoft is a graphical presentation product popular with trial lawyers. The latest version provides a complete set of tools for creating powerful presentations by organizing and formatting material, illustrating points with images or clip art, and even broadcasting the presentation over the Web. (For more information, see http://www.microsoft.com/office/ powerpoint/?RLD=75.)

Summation for litigation support and trial preparation is not an easy program to learn, but it is powerful, and thousands of trial lawyers swear by it. It can act as a litigation team's information hub for searching and organizing both documentary and testimonial evidence and shaping key information into a compelling presentation. (For more information, see http://www.summation.com.)

CaseMap for trial planning also has a substantial following among trial lawyers in both plaintiff and defense firms. It is a litigation-specific program to help develop case strategy and is designed for use with all types of cases. CaseMap helps organize, evaluate, and explore the facts and issues in a case. It is a thinking tool. It doesn't do your thinking for you but can be a tremendous asset to help you develop your thoughts. (For more information, see http://www.casesoft.com.)

In mass tort litigation, lawyers around the country are dealing with similar issues of product defect and discovery. Low-cost but powerful computers, high-speed telephone lines (such as T1 and DSL connections), and the Internet have made collaboration much easier.

Online resources include discussion forums on ATLA's Web site at www.atla.org, where members can exchange ideas via automated mailing lists and view and respond to messages stored in an archive. There are general forums on topics such as expert witnesses, law office technology, medical malpractice, and transportation, as well as list serves for ATLA sections and litigation groups.

For another view of collaborative resources on the Internet, take a look at what defense firms are doing by visiting the Defense Research Institute Web site at http://www.dri.org.

Planning for change

Plaintiff lawyers need to keep educating themselves on technology that can help them be more efficient, productive, and persuasive.

However, change requires planning. Planning requires intelligent decision making. In order to take advantage of modern software and other high-tech opportunities, you need to understand what you already have in the way of technology, how well you are using it, and where your firm is headed.

Research your resources and make the decisions that are best for your firm.

Paul Bernstein is an attorney and law office automation consultant in Chicago. He can be reached by e-mail at [e-mail]. The views expressed in this column are the authors and do not constitute an endorsement of any product by TRIAL or ATLA.