Warts and all: take a look at yourself.

If you are not getting what you want from your firm's automated computer system, chances are you can find the source of the problem looking back at you in a mirror.

If you're the head of the firm, you have probably already spent money to put a computer on everyone's desk and stocked each box with the latest and greatest versions of your favorite word-processing and docketing software products. You've even plugged all he office computers into a network and are beginning to understand the many advantages of electronic mail among staff and yourself. But you still haven't seen significant increases in productivity and profitability or been able to handle more matters better. Where have you gone wrong?

Budding a powerful law office automation system is comparable to building a skyscraper. You must first start with a solid foundation, with caissons pounded down to bedrock if necessary. Once you have that solid foundation, you can build the rest of the high-rise,

Choosing an operating system (DOS, Windows, Windows 95, Windows NT, Macintosh, Unix); a word-processing program (WordPerfect, Microsoft Word); and a network environment (such as Novell) is fairly easy. And if you put these basics to good use, you win have created a stable foundation for the future.

Your next step is the careful selection, installation, and implementation of case-management and litigation-support software. Here's where the decision making gets tougher. This article focuses on why these choices cause this agony.

Teamwork Is Key

Choosing software programs is a team effort, especially because there is no "standard" - a particular program that everyone would agree is the best for a contingent-fee based trial attorney. (See Paul Bernstein, A Standard of One's Own, TRIAL, Mar. 1995, at 93.) Your responsibility to cultivate a team atmosphere that will make it easier to choose and use these more advanced software programs.

Experience has shown me that trial attorneys are not especially quick to grasp the team-player concept when it comes to running the firm. I have dug deep and come up with a fist of our common personality traits that make us good at trial but sometimes bad at business.

Our system of justice is adversarial. Being an adversary means being tough and aggressive - being able to think and act quickly. In the face of improper questioning by opposing counsel at trial, for instance, we will leap to our feet, shouting, "Objection, Your Honor!" As we rush to the bench, we are already citing chapter and verse as to why the question is objectionable. While trying to persuade the court or jury, we are also trying to intimidate our opponent.

We use these tactics daily when arguing motions, taking depositions, or negotiating with adjusters or opposing counsel. Aggression, persuasion, intimidation, and quick thinking are useful attributes in the courtroom, but they do little to generate team spirit in the office or bring out the best that your associate attorneys and staff have to offer.

Let me give you an example of how this dynamic may play out. After reading my columns on choosing case-management software products, you call a staff person into your office. "Bernstein says we should have case-management software," you say. "Which product should we get?"

Maybe your staff person hesitates before answering. Your instincts tell you that this person either does not know the answer or may be hiding something from you. Like an involuntary reflex, your courtroom persona has appeared.

Your adversarial nature manifests itself in the sharp "cross-examination" of your staff person. The more your lawyer-like instincts come into play, the more withdrawn your staff person becomes.

Now is a good time to take that look in the mirror. You know you are good at your job. You've made jurors cry with your persuasiveness and have, from time to time, even coaxed a Perry Mason-style "confession" from a witness you were cross-examining. Is it any wonder that the valued staff person m whom you have a significant economic investment cowers before you? If the staffer can leave your office without bursting into tears, is it any wonder that he or she starts thinking about looking for a less stressful job?

Also, because most trial lawyers can comfortably master any topic in a given lawsuit - and because we don't completely trust anyone but ourselves - we find it hard to delegate decision making to anyone else in the office.

Listen and Learn

The following tips for making personality adjustments win help you create and sustain a well-oiled automation "machine" in your law firm.

* Choose gentleness over toughness, supportiveness over intimidation. A kind hand and words of encouragement win attract more productive employees who are not afraid of you.

* Be less aggressive and more open. Make it clear that you respect your staff and that their knowledge is useful and important to you. Let them know you are relying on them, that they are part of the team.

* Slow down. Many trial lawyers think faster than most people. Give staff in your office a chance to think and articulate their views. Don't cross-examine them as you would instinctively do to an adverse witness.

* Understand that in the law office you need not win a debate over automation efforts. In fact, your ability to cajole and persuade another staff person to your way of thinking can be counter-productive. Remember that losing is tough on most people, and losing arguments with the boss can permanently, stifle creative recommendations and solutions from your staff.

* Emphasize the positive aspects of change as your office becomes increasingly automated. Most people these days are looking for job security and a satisfying work environment. They tend to fear changes that may lead them to believe their skills are replaceable or obsolete. Let your staff know that participating in office changes will ensure their continued growth. They need to hear from you that increasing their skills will increase their job security.

* Create loyalty and a sense of community by letting staff members know that everyone will benefit if the staff - the team - is productive and the firm profits. Be prepared to allocate a share of the profits to your efficient, dedicated, and happy staff. Give bonuses in December and significant raises for the next year when deserved.

* Educate yourself about law office automation. You will never know all there is to know about the available software tools and techniques, so it will be difficult for you to choose what's best for your office. You'll have to rely on your staff and outside consultants for input and advice.

However, you can learn enough to understand and contribute to the discussion. You can educate yourself by reading about the subject, attending trade shows and seminars, and participating in technology-focused discussions on ATLA NET.

Intense use of technology is essential to any law practice today. Positive leadership qualities and a genuine concern for your staff will help you create an environment that motivates rather than drains people who work in your office.

Look in that mirror once in a while and see if that's a kind, wise owl or a saber-toothed tiger staring back at you. Nobody ever said change is easy, but just as you have mastered so many other tough tasks, you can master this one as well.

Paul Bernstein is a CPA, practicing attorney, and law office automation consultant in Chicago. He can be reached on the Internet at [e-mail].