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.
|