Keeping track of complex cases.

Delaware has an electronic docketing and filing system that has worked well since 1991 and is still growing. It is called CLAD, an acronym for complex litigation automated docket.

CLAD was initially developed for the Superior Court of the State of Delaware, although variants of the system are now used in several jurisdictions including Atlanta, Chicago, New York, and the U.S. District Court for the Northern District of Ohio, located in Cleveland.

In Delaware, CLAD is used for asbestos litigation and complex cases, such as environmental insurance coverage disputes. Other courts have used it for litigation involving toxic chemical spills and breast implants. The system is provided free of charge to the court by LEXIS-NEXIS.

Documents can be filed and retrieved by counsel of record at minimal cost. Interested parties, out-of-state counsel, and the general public can gain access by registering with the clerk's office.

Electronically filed documents are immediately available. All filings are updated to a database where they can be full-text searched electronically-Documents are retrievable in Word-Perfect format.

Easy Access

To demonstrate how the system works, let's assume that I want to notice a deposition in the case of Fresh Groceries Inc. v. B & S Insurance Co. I create the notice of deposition in WordPerfect and dial the CLAD system's 800 number on my computer. I am recognized by name, law firm affiliation, and as representing Fresh Groceries in the named case.

Responding to a series of menu prompts, I indicate that I wish to file a notice of deposition. The CLAD system then prompts me for a title to my document. I key the following description: "Notice of deposition of Joseph Blow for October 13, 1995."

CLAD helps me identify the document on my hard drive and instructs me to send the document in WordPerfect ASCII format. The screen then displays a confirmation notice indicating the docket number, the date and time of filing, who filed the document, and the title of the document,

This document is instantly available for retrieval by all counsel of record. In approximately three hours, it will be available to other registered CLAD users on the LEXIS service. Attorneys of record may elect to receive automatic FAX notification whenever someone files a document to a specific case.

To retrieve a copy of Blow's notice of deposition, another attorney involved in the case simply connects to CLAD, selects the retrieval option from a menu, and types in the docket number. CLAD then gives the name of the selected document and informs the attorney what it will cost (about 55 cents to retrieve a one-page document). The attorney indicates that the charge is accepted, and the document is transmitted. It can then be reviewed and printed.

Anticipated question: How can I file a document without signing it? The Delaware Superior Court developed Rule 79.1, which provides that the use of an attorney's password amounts to a signature under Rule 11. Other courts have followed similar procedures.

CLAD was originally created to cope with several very large insurance coverage litigations, each of which involved many parties. The court assessed each party $200 to create a fund to acquire computers for the court. The cost of software design and development was a relatively inexpensive part of the project. CLAD access is not limited to DOS

users. Windows users or Macintosh owners can participate with the aid of a standard communications program that is capable of running "Z" modem protocol. This open platform approach permits users to select the most comfortable interface.

I cannot think of any type of litigation that would fall outside the design structure of the current CLAD system. If one were creating a similar system somewhere else, modification to the existing CLAD specifications could be made by the programmers at LEXIS-NEXIS.

The key to success is understanding your needs and communicating them to the LEXIS design team. Be sure to have someone on the development team who is familiar with both computers and the needs of lawyers and judges.

Getting Started

Getting started with a CLAD system requires both training and discipline. CLAD is easy to use, and training sessions for law firm and court staff are provided free of charge by LEXIS-NEXIS.

The greater problem is changing from conventional law office procedures to electronic methods. Since the system must be mandatory and not voluntary, meetings with all affected counsel are essential for successful planning and development.

During the last four years, the significance of CLAD has been recognized in federal and state jurisdictions. Several courts arc currently in the queue for installations.

The future of CLAD may be even more exciting. At present, some documents must still be filed conventionally. These include any documents that were not generated electronically, such as documents obtained through discovery. The next logical step is imaging. As technology advances and the cost of imaging equipment declines, transmission of images will inevitably become a practical part of the system.

Richard K. Herrmann is a member of the law firm Stradley, Ronon, Stevens & Young in Wilmington, Delaware. He is chair of the Technology Section of the Delaware Bar Association.