Technology pitfalls and patches.

In a busy law firm, technology can make handling a variety of tasks on a daily basis possible. Having the proper equipment and training and using CD-ROMs, e-mail, and Internet files can save time and money. But sometimes the computer solution can present its own problems.

As a 21st-century attorney, you must have a computer and know how to use it. Depending on the applications programs you are using, the computer should have a minimum speed of 400 MHz (there are now 700 MHz machines on the market) and random access memory (RAM) of no less than 64 Megs--128 Megs is better. You should also have a modem and be connected to the Internet with electronic mail capability. A 21-inch monitor provides the larger letters and screen area necessary to comfortably read an entire page of text on a computer screen. Happily, monitor costs have started to fall.

You should have a fast CD-ROM disk drive on your computer and know how to use a mouse and any CD-ROM software supplied with the disks. Case files for each client may be put on disks. This is a cost-effective storage method, as CDs cost two dollars or less, and each disk can hold scores of files. The disks are also inexpensive to send by mail.

In addition, you should know how to use e-mail via the Internet, how to attach files to e-mail messages, and how to use spreadsheets. E-mail is ideal for fast, cost-effective communications among lawyers and between attorneys and clients. E-mail makes shared scheduling possible if you incorporate client names, case numbers, hearing dates and times, and the like into spreadsheets, then transmit them as attachments to e-mail messages. Alternatively, a sophisticated scheduling software package can be accessed over the Internet so that you can check your daily schedule from any computer with Internet access, particularly for last-minute changes.

Remote access to e-mail gives you the flexibility to work :from places other than the office. I primarily use e-mail via a local Internet service provider (ISP), Interaccess, in Chicago. Interaccess has a resource on its Web site called "WebMail" that allows me to read my e-mail from any computer with Internet access in the world without incurring long-distance charges. I go to http://www.webmail.interaccess.com to reach the Interaccess home page. Then I enter my ID and password to get my e-mail using a simple software application. Contact your local ISP to see if it offers e-mail from its servers over the Internet. Many lawyers also have accounts with America Online, which has local dial-up telephone numbers to access its e-mail.

Other high-tech tools can also help keep you on top of your work while you travel. A laptop or notebook computer with at least 300 MHz speed, 64 Megs RAM, good screen resolution, and a CD-ROM drive is an excellent addition to your office. Then you can have all the case files with you on CDs in order to handle anything that comes up from anywhere.

Glitches

Here are some "glitches" I have noted while using some of this technology.

Everyone may not be on "the same page of the hymn book. "You may be using CD-ROMs, but others involved in a case may still have hard-copy files. Cross-referencing between a file in the paper folder and a file on the CD-ROM may be difficult. It may take a fair amount of time to find the particular file and the page being discussed, causing confusion and delay if one person can refer only to a page in the hard-copy file.

Also, some CD-ROMs have no "Go To" function. So, if you want page 35 of a 70-page document, you have no choice but to repeatedly click the mouse to get from page 1 to page 35 or to get from page 70 back to page 35. What a pain! For those who are not good with a mouse, constant clicking can be difficult.

CD-ROMs may not come with technical help. In a class action that I have been involved with, one CD-ROM I received was supposed to contain 25 cases, but I found only 15. Because I was 10 cases short, I was delayed. My Windows-based PC also locked up repeatedly; I believe this was a result of loading the CD-ROM software with other programs I use daily. I decided to buy a new 450 MHz Pentium processor, and when I loaded the CD into the new machine, the 10 missing cases mysteriously appeared. They had been there all the time but did not show up on the older, 233 MHz computer. The technical support personnel working for the CD-ROM software company could not explain why this happened.

But the new computer hasn't been glitch-free. On the older PC, I could print out any documents from the CD-ROM files. With the new Pentium, I could read all the CD files but could not print any of them. I did not have printing problems with any other software on the new machine. Calls to software support resulted in no help with this problem.

Some attorneys won't use CD-ROMs. Apparently some attorneys aren't familiar with using CD-ROMs, don't like them even if they know how to use them, and dislike having to click from page to page. Internet-based collaboration is an excellent alternative to CD-ROMs. All a lawyer needs to learn is how to get on the Internet and how to operate a browser in order to access the case information.

Online calendars may not work. Calendar programs on the Internet may look beautiful but may show only the current day's calendar, and the information may be incorrect. Make sure you use a tried and tested online calendar such as those offered by Yahoo! (http://www.yahoo.com), eGroups (http:/www.egroups.com), LegalAnywhere (http:/www.legalanywhere.com), and HotOffice (http://www.hotoffice.com),

Technology, as it should work

Here are some recommendations to make computer technology work for, not against, you.

File online. Putting case files online so that everyone involved in the case can access them does away with the expenses associated with CD-ROMs--such as creation, software support, and overnight or express shipping and postage. Best of all, when the attorney refers to a particular page in a document on the Internet, everyone can immediately get to that page--all Web browsers have a "Find" command.

Use paralegals. Have paralegals prepare document summaries. The burden of doing this should not fall on the lawyer, whose time is billed at a higher rate and who may be less adept at manipulating electronic documents. An experienced paralegal can abstract files and weed out information that was improperly copied from other files, pages that were scanned onto a CD-ROM more than once, information that is repeated in more than one file, and irrelevant material. Naturally, the lawyer must review all case summaries and modify them if necessary.

Merge files. File merging can be done on the Internet, too. Why not have forms online so that attorneys or support staff can select a form that has fields of information--such as client contact information, case number, statute of limitations dates, and so forth--automatically filled in? Time and billing can also be done online, and bills can be sent electronically to clients. Attorneys can approve final letters and attach a graphical signature. The electronic form or letter can be downloaded and printed if needed.

Schedule online. Require the use of e-mail instead of hard-copy communications when possible, and use spreadsheets for scheduling. Spreadsheets are handy for making calendar entries, and attorneys can re-sort the spreadsheet by a plaintiff's last name to see a particular case schedule at a glance. Online schedules can be updated quickly and efficiently. Each update can trigger an e-mail message to the attorney advising that the case's schedule has been changed. Another benefit is that everyone involved in the case will have instant access to the same information from the same source.

Use discussion forums and conferences. Attorneys are not "all-knowing" about every case. When you have questions, this is a good place to turn. Join online forums or conferences such as those hosted by Delphi (http://www.delphi.com) or Yahoo! (where they are called "clubs"). Many bulletin board software programs on the Internet--such as WellEngaged (http://www.wellengaged.com), Prairie Law (http://www.prairielaw.com), or the Ultimate BBS on my own Web-site--also provide forums for attorneys to post their questions, "discuss" them, come to a resolution, and preserve the questions and answers for other attorneys. This saves time since lawyers who use these resources don't have to reinvent the wheel every time similar questions come up.

Get educated. Finally, attorneys need simple instructions to learn the technology ropes. As long as we admit that we may not know how to do something and allow ourselves to be taught, we can overcome the main hurdle to using technology--getting educated.

Finding a teacher

There are many good ways to learn to use technology. If you have a grammar or high-school student living at home, he or she will probably know the Internet cold. Or, have a fellow lawyer who is technology savvy teach you. State-based bar associations and trial lawyer associations or local community colleges may put on helpful seminars, or you can invite your networking expert over for dinner and a quick lesson.

The proper marriage of technology and the Internet can make your practice more efficient and cost-effective.

Paul Bernstein is an attorney and law office automation consultant in Chicago. He can be reached by e-mail at paulbern @interaccess.com or through his home page at http://www.paulbernstein.com. The views expressed in this column are the author's and do not constitute an endorsement of any product by TRIAL or ATLA.