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Case-management software: moving paper, keeping schedules.


Numerous and important administrative chores accompany the handling of cases. It takes time and effort to obtain the basic information you need from your client; prepare all the documents required in each case; track discovery, pre-trial, and trial timetables; and see each case through to a conclusion. Computers can help you do the administrative and scheduling tasks associated with managing cases and the flow of information in your law firm. Lawyers in any type of practice and any size of law firm can benefit.

Case management has many definitions. If you have a limited budget or very few cases, you may not need a full-blown commercial case-management program. Thoughtful organization of your computer files could be all you need. Many lawyers find that the operating system operating system (OS)

Software that controls the operation of a computer, directs the input and output of data, keeps track of files, and controls the processing of computer programs.
 of their computer (that is, System 7 for Macintosh machines or MS-DOS MS-DOS
 in full Microsoft Disk Operating System

Operating system for personal computers. MS-DOS was based on DOS, developed in 1980 by Seattle Computer Products. Microsoft Corp. bought the rights to DOS in 1981, and released MS-DOS with IBM's PC that year.
 for IBM-type machines) can provide a satisfactory case-management program.

For example, you could use your computer's operating system software to create a separate "folder In a graphical user interface (GUI), a simulated file folder that holds data, applications and other folders. Folders were introduced on the Xerox Star, then popularized on the Macintosh and later adapted to Windows and Unix. In Unix and Linux, as well as DOS and Windows 3. " or "directory" for each case in your office. (Macintosh software This list of Macintosh software reveals prominent Mac OS computer programs. Since the library of Mac OS programs is unmanageable, this list is confined to those programs for which a Wikipedia article exists.  organizes information into folders and folders within folders; IBM (International Business Machines Corporation, Armonk, NY, www.ibm.com) The world's largest computer company. IBM's product lines include the S/390 mainframes (zSeries), AS/400 midrange business systems (iSeries), RS/6000 workstations and servers (pSeries), Intel-based servers (xSeries)  software organizes information into directories, subdirectories, and files.) In each folder or directory you could have subsidiary folders or subdirectories for pleadings pleadings: see procedure. , correspondence, discovery, negotiations, court orders, and so on. In additional folders you would list text files, using lengthy descriptions indicating the date and contents of each file.(2)

For an IBM-type machine, you might use the organization shown on page 47. With this system, even an inexperienced in·ex·pe·ri·ence  
n.
1. Lack of experience.

2. Lack of the knowledge gained from experience.



in
 attorney could find every file for every client.

In a basic system you can use the scheduling software that is a part of products like WordPerfect's "Office" and Microsoft's "Windows for Workgroups A version of Windows 3.1 introduced in 1992 that added peer-to-peer networking. See Windows.

(operating system) Windows for Workgroups - (WFW, WFWG) A version of Windows 3.1 which works with a network. Although stand-alone 3.
."(3) This software may not provide all the reminders you might like. But with a well-planned series of calendar entries like "Answers to interrogatories Written questions submitted to a party from his or her adversary to ascertain answers that are prepared in writing and signed under oath and that have relevance to the issues in a lawsuit.  in Jones v. ABC ABC
 in full American Broadcasting Co.

Major U.S. television network. It began when the expanding national radio network NBC split into the separate Red and Blue networks in 1928.
 Trucking due today" and a "to-do" list, it will provide an adequate scheduling system. "To-dos" like "Jones answers to interrogs due March 1" should repeat automatically from day to day until you note the task as completed and take it off the to-do list.

What to Look For

For law firms This list of the world's largest law firms by revenue is taken from The Lawyer and The American Lawyer and is ordered by 2006 revenue:[1]
  1. Clifford Chance, £1,030.2m – International law firm (headquartered in the UK);
  2. Linklaters, £935.
 that have many cases or are looking for Looking for

In the context of general equities, this describing a buy interest in which a dealer is asked to offer stock, often involving a capital commitment. Antithesis of in touch with.
 a more comprehensive system, commercial case-management programs may be appropriate. They allow staff and counsel to keep their calendars and schedules, generate form documents, track discovery and other procedures, and handle the entire progress of a case.

What should you look for in case-management software?

1. Graphical screen design. Graphical user interfaces graphical user interface (GUI)

Computer display format that allows the user to select commands, call up files, start programs, and do other routine tasks by using a mouse to point to pictorial symbols (icons) or lists of menu choices on the screen as opposed to having to
 (GUIs) allow people to control the computer by selecting icons (pictures) that represent functions. This makes the software visually inviting and easy to use. By the end of this year, most superior IBM-type software will be available in a version based on Windows, the mainstay GUI (Graphical User Interface) A graphics-based user interface that incorporates movable windows, icons and a mouse. The ability to resize application windows and change style and size of fonts are the significant advantages of a GUI vs. a character-based interface.  for IBM-type machines. Until then, choose software with menus that are clear and easy to understand and allow the use of special commands to move quickly from place to place in the program.

2. Consistent menus and commands. Most vendors make sure their software conforms visually and functionally to the GUI design of the underlying operating system. Consistent menus make software easier to learn and use.

3. Ease of use. Your present staff may be well trained in the software, but don't forget that staff does turn over, and new staff will need training. Furthermore, it is increasingly common for lawyers themselves to use case-management software on a daily basis or go to the office on weekends and catch up on work.

4. Screen displays that can be customized for each member of the firm. Everyone in the firm should be able to get quickly to the information desired without wading though screens of irrelevant information. Senior attorneys want to be able to turn on the computer and see exactly what they need. The managing partner may be interested only in case negotiations. The paralegal paralegal n. a non-lawyer who performs routine tasks requiring some knowledge of the law and procedures, employed by a law office or who works free-lance as an independent for various lawyers.  preparing the case for trial may be most interested in discovery timetables.

More and more software packages allow screen customization. The ability to customize certain types of data entry is also helpful. Find out who would customize the software for individual users and whether any of this work is included in the purchase price of the software.

5. Customizable "fields" (blanks) for entering information in your database. Your firm may want to track information that might not seem important to other firms. Thus, you may want to see the name of the defendant's insurance company, the adjuster, or opposing counsel on the first screen. Other firms may want the first screen to show the status of discovery or a record of what documents have been created for the case. You may want to be able to rename Re`name´   

v. t. 1. To give a new name to.

Verb 1. rename - assign a new name to; "Many streets in the former East Germany were renamed in 1990"
 various field labels or to add more fields for information to the data entry screen. Not every case-management software program provides this flexibility but some do.

6. Features and functions suited to your practice. Clearly, you need to know whether the software you are considering can do what you want it to do. If you are in a specialized spe·cial·ize  
v. spe·cial·ized, spe·cial·iz·ing, spe·cial·iz·es

v.intr.
1. To pursue a special activity, occupation, or field of study.

2.
 area of practice, you may not need a full-blown case-management program. You may be looking for a program that tracks vital information for each legal matter but is essentially a document generator and legal forms processor. If so, other products, especially database and document-generator software, may be more appropriate for your firm than case-management software, and they will probably be lower in cost. Before you buy case-management software, compare the needs of your practice to the resources provided by the particular program.

7. User-friendly manuals. Examine the instruction manuals (the "documentation") to see if they are well organized, easy on the eyes, clear, and concise. Is the table of contents complete? Is the index helpful?

8. Context-sensitive help Context-sensitive help is a kind of online help that is obtained from a specific point in the state of the software, providing help for the situation that is associated with that state. . No matter how well you know a software package, the time will come when you need some help in using it. Although instruction manuals are important, having help available on your computer is even more important. Superior software allows you to summon TO SUMMON, practice. The act by which a defendant is notified by a competent officer, that an action has been instituted against him, and that he is required to answer to it at a time and place named.  to the screen not only general help messages but what is known as context-sensitive help - help that pertains to the feature appearing on the screen or the function you were using when you hit the "Help" key.

9. Error messages DOS and Windows error messages are listed individually in this database by the message that is displayed when they occur. See also DOS error messages and Application Error.

. Hitting the wrong key and getting a cryptic cryp·tic
n.
1. Hidden or concealed.

2. Tending to conceal or camouflage, as the coloring of an animal.
 technical error message can be upsetting. Superior software displays clear and straightforward messages telling users either what they did wrong or what to do next. It also does "error trapping trapping, most broadly, the use of mechanical or deceptive devices to capture, kill, or injure animals. It may be applied to the practice of using birdlime to capture birds, lobster pots to trap lobsters, and seines to catch fish. " so that when users make a mistake, the system does not revert re·vert
v.
1. To return to a former condition, practice, subject, or belief.

2. To undergo genetic reversion.
 from the case-management software to the operating system.

10. Demonstration disks. Demo disks give users a good idea of what the software does and how it works. Some demo disks are stripped-down versions of the actual software, while others are like slide shows of the product's features and functions.

11. Calendars and scheduling. Scheduling events is vital to law firms. Unless your practice is quite limited and you have very few cases, it is not likely you can remember all essential timetables and dates without help from a calendaring system, and a computerized computerized

adapted for analysis, storage and retrieval on a computer.


computerized axial tomography
see computed tomography.
 system is very efficient. Good software can be set up so once you have entered a date on your calendar, the computer will automatically remind you of subsequent steps.

12. Customizable reminders. More and more, case-management software programs allow the user to schedule events in relation to one another. For example, you may want to send out your first set of interrogatories on the day after the deadline for the defendant to file an appearance. In a good system, your scheduling software will prompt you to enter the date when the answers to the interrogatories are due back and will also remind you on that date that they are due. This will enable you to immediately schedule related tasks like deposing the defendant and requesting medical information.

Better software will allow you to use the computer in planning all these related activities. All it takes is the ability to manipulate manipulate

To cause a security to sell at an artificial price. Although investment bankers are permitted to manipulate temporarily the stock they underwrite, most other forms of manipulation are illegal.
 information in your database and create new relationships and reports. Find out who would do this work and what it would cost.

13. Dockets as you like them. You may want to display the entire firm's schedule for a given date, with each event or task, the attorney or staff person slated to perform it, the caption of the case, case number, time, and location. You may want to see other information, like the name and address of opposing counsel and notes about the case. You may want to be able to change the date in the docket and have the new date posted automatically to all applicable schedules and calendars.

Another desirable feature would be the ability to track the history of a given case or procedure. For example, suppose your opponent has postponed a deposition Deposition

Christ is taken from the cross and enshrouded. [N.T.: Matthew 27:57–60; Christian Art: Appleton, 55]

See : Passion of Christ
 repeatedly, and you decide it is time to get a court order compelling the deponent An individual who, under oath or affirmation, gives out-of-court testimony in a deposition. A deponent is someone who gives evidence or acts as a witness. The testimony of a deponent is written and carries the deponent's signature.


deponent n.
 to appear on a certain date at your office. It would be beneficial to know how many times and at whose request each deposition date had been changed.

Decide what you want, then confirm that the software under consideration can do the required chores.

14. Time tracking. Will the software track the time you spend using the system? Lawyers who charge by the hour often have difficulty recalling precisely what they did earlier in the day, or yesterday, or last Thursday between three and five. Case-management software that tracks the time spent working on a particular matter provides information of great value to the firm. Even plaintiffs' contingent-fee attorneys are well advised to keep contemporaneous con·tem·po·ra·ne·ous  
adj.
Originating, existing, or happening during the same period of time: the contemporaneous reigns of two monarchs. See Synonyms at contemporary.
 and detailed time records.

15. Check writing. Most of us advance costs and prepare checks for clients from time to time. Does the software package you arc looking at tie into a check-writing capability?

16. General ledger General Ledger

A company's accounting records. This formal ledger contains all the financial accounts and statements of a business.

Notes:
The ledger uses two columns: one records debits, the other has offsetting credits.
, trust accounting, and time-and-billing. Does the case-management program also tie into a general ledger, trust accounting, and time-and-billing program?

17. Log of documents sent and received. It is important to know what documents have been created and sent out. The software should automatically create a document log. Ideally it should also generate a followup calendar or to-do entry noting when responses are due.

18. Document generation. As lawyers get more sophisticated about computer use, they begin to ask a logical question: Why couldn't all that information in all those fields in all those records in a database be copied automatically into standard documents like form letters, pleadings, and briefs? The answer is that in better case-management software programs, it can.

Thus, if you have a legal forms library, you should be able to pick the name of the client and the client's particular matter from the database and, with a few keystrokes, merge the information with particular form documents you want to have prepared and mailed. With a complete computerized document library, you can prepare documents more quickly yourself than if you dictated dic·tate  
v. dic·tat·ed, dic·tat·ing, dic·tates

v.tr.
1. To say or read aloud to be recorded or written by another: dictate a letter.

2.
a.
 them to your secretary.

However, the information in a database does not magically appear in the right places in a document when you tap a few keys. All the form documents must first have the proper "field" or "merge" codes put into them at the right spots, and it will take a lot of time and effort on someone's part to insert them initially.

19. Document libraries with merge codes. As the various case-management software companies become more successful, it is likely that more of them will furnish fur·nish  
tr.v. fur·nished, fur·nish·ing, fur·nish·es
1. To equip with what is needed, especially to provide furniture for.

2.
 libraries of precoded legal forms. Already some software publishers license collections of standard legal forms, and some case-management software vendors work with individual firms or groups of lawyers to create practice-specific coded forms.

20. Integration with word-processing software. Some case-management programs have built-in word-processing systems. Others integrate directly with mainstream word-processing programs like WordPerfect, Microsoft Word A full-featured word processing program for Windows and the Macintosh from Microsoft. Included in the Microsoft application suite, it is a sophisticated program with rudimentary desktop publishing capabilities that has become the most widely used word processing application on the market. , and Ami Pro See Word Pro. . More sophisticated case-management software allows you to switch quickly back and forth between that word-processing software program and your case-management program - a process called "hot-keying."

21. Data import and export. You may already have lots of information entered into your computer. Can you "import" it directly into the case-management software package you arc considering? If you decide later that you made the wrong choice, win you be able to take the information entered in your case-management program and "export" it to another program?

22. Password protection. You may want to control access to some parts of your system. Thus, you may, want your paralegal to have access to the pleadings, court orders, and special damages Pecuniary compensation for injuries that follow the initial injury for which compensation is sought.

The terminology and classification of types of damages is varied, at times contradictory, and often confusing.
, but not to the settlement negotiations or to facts and figures relating to relating to relate prepconcernant

relating to relate prepbezüglich +gen, mit Bezug auf +acc 
 the actual settlements. Password protection is one way to keep information confidential.

23. Tie-in to imaging equipment. Powerful case-management software products allow you to "link" images of outside documents to the program. This would allow you to use a scanner (1) See also antivirus program.

(2) An optical device that reads a printed page or transparency and converts it into a graphics image for the computer. The scanner does not recognize or differentiate in any manner the content of the material it is scanning.
 to record and store images of hospital records, doctors' notes, and police reports relating to the client's matter on your computer's hard-disk drive. Later, as needed as needed prn. See prn order. , you could call them up and view them on your computer screen.

24. Source code. What is the likelihood of the vendor staying in business and being successful? No one likes to change horses in midstream mid·stream  
n.
1. The middle part of a stream.

2. The part of a course that is neither at the beginning nor at the end: the midstream of life.

Noun 1.
. You need access to a copy of the programming code in which the software is written, which is known as the source code, so that you can still correct or revise the software if the vendor goes out of business. The source code is not generally included with software.

Prudent law firms will either acquire the source code along with the software or have the source code placed in escrow escrow

Instrument, such as a deed, money, or property, that constitutes evidence of obligations between two or more parties and is held by a third party. It is delivered by the third party only upon fulfillment of some condition.
. In my, view, the vendor should not charge for this because the source code will go to the law firm only in case of default by, the software developer. You should have the source code and its documentation evaluated by a computer expert before paying for the software.

25. Availability of training. Training is essential with case-management software because of the software's complexity and sophistication so·phis·ti·cate  
v. so·phis·ti·cat·ed, so·phis·ti·cat·ing, so·phis·ti·cates

v.tr.
1. To cause to become less natural, especially to make less naive and more worldly.

2.
. Staff members involved with entering detailed information into the computer need one kind of training. The administrator of the system needs a different level and type of training. Lawyers who are going to use the software need yet a third kind of training.

The ongoing availability of diverse training is important, as your firm will most likely need to have trainers return from time to time to ensure that the firm is making full use of the software system.

26. Local availability of technical support. As the software industry matures, the more aggressive vendors are establishing relationships with local consultants and dealers so that on-site technical support for their products - that is, help with installation, training, and troubleshooting Troubleshooting is a form of problem solving. It is the systematic search for the source of a problem so that it can be solved. Troubleshooting is often a process of elimination - eliminating potential causes of a problem.  - is widely available.

27. Telephone support. Does the vendor provide technical support over the phone? What does it cost? Is any free support included with the purchase price of the product? Arc the support people knowledgeable and helpful? Are they patient with you or do they make you feel like an idiot each time you call? What hours and on what days is support provided? If you work a lot of weekends and late nights, is technical support available then? Does the vendor provide an "800" telephone line for support?

28. Newsletters, modems, and bulletin board system (BBS (1) (Bulletin Board System) A computer system used as an information source and forum for a particular interest group. They were widely used in the U.S. ) support. Most case-management software vendors are relatively small firms, so dealers and trained consultants are likely to be available only within their immediate marketing area. Alternate methods of product support are essential. Newsletters and a BBS arc helpful, as is the ability of the vendor to dial up your system via modem and troubleshoot To find out why something does not work and to fix the problem. Troubleshooting a computer often requires determining whether the problem is due to malfunctioning hardware or buggy or out-of-date software. See debug.  whatever problems you may be having.

29. User groups. User groups not only exchange expertise but also form a power block in dealings with the vendor. This ensures that the vendor will listen to good suggestions for enhancements and improvements.

30. Pricing. Case-management software can seem expensive; prices range from about $500 to $25,000. However, the cost of computer equipment has fallen dramatically in recent years. You can buy a fast and powerful 486 computer these days for around $1,000, so the total cost of the equipment and software combined is much lower than it was 10 years ago.

You should also keep in mind the value of the time lawyers will spend learning how to use the software. For law firms with many lawyers, the cost of the training time may well be higher than the cost of the hardware and software combined.

A lawyer who charges $150 per hour and takes 50 hours to learn a software package has invested $7,500 to learn the software. For a more expensive and better designed product that only takes 5 hours to learn, the investment would only be $750.

Different software vendors price their software differently. You must look not only at the cost of the one-user version of the software but also at the total cost based on the number of people who will be using the system. If you are buying for 7 to 10 users, a software company that charges a flat fee of $3,000 for up to 10 users, for an average cost of $300 per user, offers a better deal than a vendor that charges $500 apiece a·piece  
adv.
To or for each one; each: There is enough bread for everyone to have two slices apiece.



[Middle English a pece : a, a; see a
 for up to 10 users, at a total cost of $5,000.

31. Charges for updates, revisions, enhancements, and new versions. What is the cost of annual maintenance or updates? No software is ever perfect or complete. Better vendors listen to their users and improve their products frequently, but often they charge for the improvements.

Few things are more irritating than to buy a product and then get a notice a month or so later that you can update the product at substantial added cost. Does the vendor intend to revise the software? Will you be charged for enhancements made during the first year after you purchase the product?

32. Legal expertise. The better case-management software products have this background. It is not mandatory that the software developers be lawyers, but it doesn't hurt.

33. Satisfied customers. The best credential credential verb To determine or verify titles, qualifications, documents, completion of required training, and continuing education, in those persons who function in a professional or official capacity–eg, ER physician, neurosurgeon, etc. Cf Credentials.  a software package has is its list of satisfied customers. Ask for references and check them out.

Direct the Flow

Managing the flow of information and the processing of matters in a law office can be accomplished nicely with case-management software. I would like to name the perfect case-management software product for your law firm. The fact is, however, that every firm is different. A case-management system that works fine in one law office may be a disaster in another.

Before you choose a system, you must analyze your needs and compare them to the features and functions of various case-management software packages on the market.

Choosing and implementing a case-management software program for your computer system is like any other major project - it takes time, money, effort, commitment, and a plan. But the computer is the perfect tool for taking on burdensome administrative tasks. Once the right case-management system is in place, your law firm will reap big dividends in increased efficiency.

Notes

(1) See Paul Bernstein, Selecting Case Management Software, TRIAL, Jan. 1993, at 105; see also PAUL BERNSTEIN, COMPUTERS FOR LAWYERS 169-76 (1992). (2) A number of products allow, lengthy, descriptions to be added to file names. For example, Macintosh users can create folder and file names of over 30 characters, and WordPerfect 5.1 users can write extended descriptions using the F5 (List Files) and Long Display, commands. (3) See Paul Bernstein, WordPerfect for the Law Office, TRIAL, May 1993, at 85. WordPerfect, from WordPerfect Corp., 1555 N. Technology Way Orem, UT 84057, tel. (800) 451-5151. Windows for Workgroups, from Microsoft Corp., One Microsoft Way, Redmond, WA 98052, tel. (800) 426-9400.

Paul Bernstein, a Chicago lawyer, is director of law office automation at Friedman, Eisenstein, Raemer & Schwartz. He is the author of Computers for Lawyers (ATLA ATLA Association of Trial Lawyers of America
ATLA American Theological Library Association
ATLA American Trial Lawyers Association
ATLA Air Transport Licensing Authority (Hong Kong)
ATLA Avatar: The Last Airbender
 Press 1992). The opinions expressed in this column are the author's and do not reflect an endorsement of any product by TRIAL or ATLA.
COPYRIGHT 1994 American Association for Justice
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1994, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Title Annotation:includes list of case-management software programs
Author:Bernstein, Paul
Publication:Trial
Date:Jan 1, 1994
Words:3349
Previous Article:Small firms: honing the winning edge. (includes related article on Association of Trial Lawyers of America Small Office Practice Section)
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