Technology

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The Past, Present, and Future of Legal Technology
by Jim Calloway
January 2005

ABA TECHSHOW will be held from March 31 – April 2, 2005 at the Sheraton Chicago Hotel and Towers. This month current ABA TECHSHOW chair Jim Calloway interviews several past chairs of ABA TECHSHOW to get their views on legal technology trends. These include Mark Tamminga (Gowling Lafleur Henderson LLP), 2003 Chair, Bruce Olson (Davis & Kuelthau, s.c.) 2004 Chair, Reba Nance (Colorado Bar Association) 2002 Chair, Phil Shuey (Shuey Robinson) 1990, 1991, 1992, 1995 & 1997 Chair, and Jeff Flax (Office of the Federal Public Defender) and David Bilinsky (The Law Society of British Columbia) 1998 and 1999 co-chairs.

1) What do you think are the most significant technology trends for law practice in the future?

Tamminga: Voice over IP. (VoIP) Law firms as technology leaders.

Olson: The ever-increasing awareness of e-discovery and the development of procedural rules, case law, and technology options for managing e-discovery related materials that are produced.

Nance: The ability to be connected to your data and clients 24/7. This, of course, is both good news and bad news. While constant connection this has been possible for some time, the technology has improved to the point that this is now affordable for the rest of us. Additionally, the devices have become lighter, smaller, and are easier to carry around. You now can easily and inexpensively access your network when you're traveling using programs like Go to My PC, PC Anywhere, and others. More lawyers are taking advantage of extranets to communicate and collaborate with clients. With BlackBerry organizers and similar handheld devices you can now access your data, receive and respond to e-mails, and make phone calls with one tool. Another trend I see is in technology regarding searching your data. I purchased ISYS:email:search, and it's made a huge different for me in sorting through my e-mail quickly and efficiently. With Google getting into the desktop search business, I look for huge improvements in the speed and accuracy of searching the information you have.

Shuey: The convergence of multiple technologies. This convergence could be onto a single device (e..g., smart phones), or integrated into multiple devices (the blend of home entertainment with more convention computer utilization). Within the legal framework, this will allow a universally available and totally portable law office presence for every lawyer, no matter where they may be located.

The widespread and economically viable access to broadband. Whether as a result of emerging delivery means, such as broadband by power line, the trend will be for nearly universal availability of broadband at rates acceptable by consumers. With delivery rates of broadband speed increasing, the viability of video-teleconferencing and instant messaging between firms and their clients is a reality.

With lawyers being squeezed by the inability to deliver at least some legal services at rates acceptable to clients, and financially profitably for the firm, use of the Internet to provide a virtual legal experience for the client becomes viable. No face-to-face contact would be provided, the client would provide the intake information and the firm would provide the document service or product by transmission back to the client.

Flax: Undoubtedly e-discovery is having the most significant impact on lawyers today, litigators and transactional practitioners alike. While information has been created on computers for many years, until recently few lawyers appreciated the value of seeking discovery in its native form - electronic. It often reveals a treasure trove of information. I suggest you not let yourself get "out-lawyered" by failing to recognize the value e-discovery can bring to your case, or your opponent's.

Bilinsky: Two of them - first, the continuing battle for control of the lawyer's desktop - which application will be the 'touchstone' application that lawyers will use to run their practices and their firms? We are seeing the battle lines being drawn from Accounting Applications that are seeking to add practice management functionality to become the lawyer's desktop; to Practice Management applications that are adding accounting and time and billing functionality to gain control over the lawyer's desktop. Examples of this are PCLaw (accounting that is adding practice management) and TimeMatters (practice management that is adding accounting and time and billing).

The second trend is related to the first – applications must become increasingly integrated with other applications on the lawyer's PC. No longer is it enough to build a better legal mousetrap version 5 – your mousetrap has to be able to work seamlessly with Cheese 2005 from Microsoft as well as other applications.

2) What significant changes do you see ahead for the practice of law (technology related or not)?

Tamminga: I see a broadening of the scope of what is considered legal practice. Law firms have always considered themselves to be late adapters. That has now fundamentally changed. Over the past few years many law firms have found themselves to be surprisingly ahead of some their corporate clients in terms of technology. This has opened up a whole new area of consulting practice for many firms. Law firms are also leading the way in the development of extranet communities of interest that bring together a range of service providers that have a common goal or work in similar areas.

Olson: Continued progress toward a better control of the costs involved with e-discovery through the development of procedural rules and technology options for identifying, producing, and managing e-discovery related materials.

Nance: I think all lawyers are going to have to devote more time, money, and energy in making sure they've addressed security issues with regard to the Internet.

Shuey: Law firms continue to face the erosion of legal services to non-law firm providers, at least in the transactional area. Law firms will have to change to differentiate themselves from alternative service providers (critical because the law firm charges will almost certainly be higher). Lawyers will position themselves for both commercial and individual clients as trusted advisors, breaking away from being merely document providers. Lawyers need to carefully examine which legal services will be required of a rapidly changing population base (e.g., the aging out of the population,) in a environment where the rate of change is accelerating.

Flax: Adaptation of litigation support programs and services into the practice of most small and large firms. How does one store, search, organize, and analyze electronic discovery?

Bilinsky: The biggest change will be for lawyers to seize control of their own future. We are witnessing an unrelenting attack on lawyers from all quarters – in the media, in the legislatures, through tort reform, by the increasing use of administrative tribunals that allow non-lawyers to represent parties, etc. It would appear that the importance of the Rule of Law as the foundation for our society has been forgotten or is being dealt the death by 1000 cuts. Law must change and evolve – that is a given. What we need is to preserve the principles that underlay our society in adapting to new situations – and not allow those same legal foundations to be eroded until it is too late and we notice they are gone.


3) If you were to give technology or practice management advice to a young lawyer just starting his or her own practice today, what is the most important advice you would have?

Tamminga: Do your own stuff. Never mark up revisions and send for retyping. Always do the second draft yourself. Be a fast typist. It sounds perverse, but the lowly skills previously deemed unworthy of the high-priced lawyer are critical to the success of the young practitioner fighting for resources in a world where secretarial assistance is increasingly unavailable. Know Microsoft Word, Excel and PowerPoint better than anybody in the firm. These are, for now, the most important tools in your kit. If you know Visual Basic for Applications you can make yourself invincible.

Olson: When choosing a computer, skip the desktop PC and get a laptop with docking station, a full size keyboard and a second monitor. Utilize the dual monitor to maximize your ability to multi-task.

Nance: I would give them 2 pieces of advice. 1) GET PRACTICE MANAGEMENT SOFTWARE!!! The cost is incredibly insignificant when you look at what it does for you. Most malpractice cases involve calendaring issues and/or failure to return phone calls. Both problems can be addressed with practice management software. It must be properly installed and configured, and the lawyer must receive adequate training (which is often ignored). Then the lawyer will be able to concentrate on other areas of the law practice. Additionally, I guarantee they'll sleep better at night, and their clients will be better served. 2) Ask for help when they need it. This goes for help with practice management issues as well as help with substantive areas of law.

One of the scariest questions I've ever been asked came from a newly-sworn-in lawyer (of one week) who called to tell me she had her first client and needed some help. She told me that the case involved legal malpractice, and she wanted to know if there were any "books or rules" she should read!! I suggest new lawyers should call their state or local bar association and speak with their practice management advisor. If they don't have one, ask them to start a practice management program. They should also check to see if their bar has any mentor programs, or lawyer-to-lawyer directories where they can go for help with substantive law questions.

Shuey: With the lawyer population expanding and a multitude of lawyers from whom prospective clients can choose, I would ask each new lawyer to seek to clearly differentiate themselves from their legal brethren. Why should a prospective client choose that lawyer over any one else?

Flax: Take the time now to understand basic data formats and databases. Many young lawyers erroneously think their use of Word, e-mail, PowerPoint, and computer games provide the technical skills required to be an effective advocate. While knowledge of these standard programs may alleviate some technophobia, these are not the computer skills needed to be a skilled and competent lawyer in the rapidly evolving legal world dominated by electronic discovery.

Bilinsky: I don't think this has changed. It is still asking the young lawyer to look inwards and see if they have a passion for running their own business as well as maintaining their law practice. Excellent legal skills are no substitute for having a business mindset and the skills and attributes that would allow them to succeed in business. I see so many lawyers who see opening their own practice as a solution to an unhappy practice situation, which in many cases is the equivalent to jumping out of the frying pan into the fire. Find your passion in the law, if it includes running your own practice, so much the better. If it does not, then sharpen your pencil and start sending out resumes to practice in the area and with the right organization that allows you to pursue your passion.

4) What do you think is the hottest recent tech gadget, software, process or service of the last year or so?

Tamminga: The Apple PowerBook and the iPod. They have little to do with the practice of law--for now--but they are far and away the most enjoyable computing tools to ever come of the technology bloom of the past 30 years.

Olson: The advancements in speech recognition enabled auto-synchronization of deposition transcripts and video that make it much easier for in-house preparation of video and text synchronized depositions.

Nance: For me, it's been getting *good* anti-spam software. I use Postini, and it has drastically changed the amount of time and energy I spend dealing with spam.


Shuey: While VoIP has been around for far longer than the past twelve months, it is within that time frame that it has reached enterprise acceptance. The impact and challenges of telephony over the Internet, particularly when integrated with data transmission, VPN and other collaboration tools, will be profound.

Flax: Web-based document management systems and collaborative discovery applications. Cases involving numerous lawyers and support staff, based in different offices and cities require a means to access, analyze, and collaborate while working with discovery and their own work-product. It is becoming more and more common to see cases with discovery in excess of 50,000 pages or more. Some vendors have finally figured out how to provide lawyers with the systems required to work with massive amounts of information - not simply as an IT-based system - but to provide the tools lawyers need to prepare cases. In the past too many systems did not provide the security, analytical techniques, redaction and production features, etc.

Bilinsky: I am a low-key kinda guy; I like the USB flash drives and Gmail – finally an HTML e-mail service with LOTS of storage!

5) What are your most significant memories from a previous ABA TECHSHOW?

Olson: I first became involved with the ABA TECHSHOW Board after seeing an early version of TrialDirector demonstrated by Fred Bartlit at my first TECHSHOW. As a trial lawyer I was so excited by the prospect of using this and other technologies that I determined I wanted to know the people who were leaders in the legal technology field. There was no better way than to become actively involved in the process of planning and presenting ABA TECHSHOW.

Nance: One of the most significant memories for me was seeing Jeff Flax in a live demonstration of the Internet. It was the first time I'd seen it, and I was absolutely floored! Another was, of course, my year chairing TECHSHOW. I was impressed with the dedication of the speakers who spent their time and energy to provide quality sessions. I was thrilled to meet Steve Gibson of GRC. He was the keynote speaker my year. Although security was an issue even then, who would have thought it would become such a huge issue just a short few years later? My year was the first year after 9-11. While attendance was down, I was impressed with the number of lawyers who were willing to travel and take advantage of all that TECHSHOW had to offer.

Shuey: My most significant memory was during a brainstorming session at the end of one day, that all of those attending, regardless of the size of the firm, nature of the practice or role of the person in the firm, faced very similar challenges in effectively using their technology. Everyone was in the same boat.

Flax: My favorite memories as an attendee, speaker, planner and co-chair TECHSHOW is, without a doubt, the people I have met. No where else have I had an opportunity to learn so much in one place at one time, meet and discuss issues directly affecting my work, and enjoy the collegiality of other legal professionals facing the types of complex challenges I see daily in my profession. The educational quality of ABA TECHSHOW exceeds that of any other legal technology program I have attended. Coupled with the vendor exhibit areas where I can see and test drive new products, I return to work each year following the conference reinvigorated and with a list of new ideas and initiatives.

Bilinsky: No question. Burgess Allison, Jeff Flax, and David Vandagriff doing the 60 Sites in 60 Minutes. My sides were always aching and my eyes watering from laughing after seeing their presentation. Always a high water mark.

6) What advice would you give attendees to help them get the most out of ABA TECHSHOW this year?

Tamminga: Pace yourself. Make sure you allocate some serious exhibit floor time. Yes you will get a sales pitch, but you will be talking to people who will be hyper-motivated to teach you things. If you can channel that energy in your direction, you can learn a huge amount about an array of technologies in a very short time.

Olson: Don't be afraid of talking to the speakers after their presentations or when you see them at other times during the show. Everyone is happy to share their knowledge on a more personal basis if asked.

Nance: Go. Take time to look through the list of sessions before the start. If you're attending with a colleague, considering splitting up so you can attend more sessions. And don't forget that sessions are taped, so you can always get the tapes of sessions you've missed!

Shuey: Recognize that one person cannot attend all sessions, therefore before the program starts, list the two or three top questions/issues that the attendee would hope to have answered, and then to evaluate those sessions/speakers most likely to provide those answers. Finally, I would suggest that an attendee allow enough time to circulate on the exhibit floor to speak to the vendors in those areas of interest without feeling pressured to jump on to the next booth.

Flax: Spend time researching the conference agenda and the speakers. While all of the presenters are quite knowledge in specialities, yet I find looking at the articles and presentations each inevitably has posted on the Web provides insight into the applicability of their knowledge in my work.

Also, take advantage of the social events. The people networking opportunities are wide open. But we each need to take the initiative to go to the group dinners and introduce ourselves to speakers and other attendees. I first came to TECHSHOW not knowing a soul at the conference. I met many of my closest friends and "mentors" at TECHSHOW over the years.

Lastly, read the materials on the conference CD-ROM. The speakers put a tremendous amount of effort into the preparation of their materials, which provide reference materials relevant for years to follow.

Bilinsky: First, GO. There is no better conference – bar none. Get lots of sleep before going and attend as many sessions as you can. Mingle and talk to people. Meet people, share stories and go out for dinner with a gang. Take lots of notes. Ask lots of questions. Talk to the speakers after their presentations.


Jim Calloway (jimc@okbar.org) is the Director of the Management Assistance Program for the Oklahoma Bar Association. He is also the chair of ABA TECHSHOW 2005.