David Whelan, Director
American Bar Association Legal Technology Resource Center

The article first appeared in a special edition of the Wisconsin Law Journal.

The year 2003 will offer lawyers opportunities, more than technology, which they may not realize are coming. It does not mean that George Jetson is joining the firm - in fact, that future remains distant. Lawyers will continue to consolidate their technology control and squeeze more out of what they have. New technology is for the other guy. Now more than ever, it is important for lawyers to sail between the Scylla of status quo technology use and the Charybdis of cutting-edge technology. Somewhere on the placid waters in between is the place where law firm technology can blossom.

Status Quo Technology

Many lawyers are happy using their current software - word processor, operating system, spreadsheet, and case manager. What they might not say, if asked, is that they bought the current software before the year 2000. Nearly 60% of lawyers responding to the ABA’s 2001 Legal Technology survey reported using Windows 95 or Windows 98 as their desktop operating system, despite the fact that Microsoft set December 2001 and June 2002 as the support cut-off for those systems, respectively.

There is an eminently reasonable argument for keeping software that works. In avoiding change, however, lawyers miss enhancements in the overall environment that can offset the disturbance that change causes. For example, document management was nearly impossible without document management software in the late ‘90s. It is still a bit of a struggle without one. In 2003, though, the typical Windows operating system (2000 or XP) has an indexing system that significantly bridges the gap between a word processor and a document management system. Now is the time to contemplate upgrading your operating system to at least Windows 2000 and a recent edition of the firm’s office suite: Microsoft Office 2000 or Office XP or Corel WordPerfect Professional Suite 2002.

Technology’s effect on the business of law practice receives increasing attention, from technology conferences to frequent coverage in mainstream legal news resources. Legal technology vendors have enhanced their offerings and provided most of the tools that a lawyer might need. Surprisingly, these tools are not widely used. 91% of lawyers responding to the ABA 2001 survey were using word processors, but time and billing software (65.4%), docketing and calendaring (61.1%), and case management (20%) were among the many lawyer-oriented applications that were not as pervasive. Will 2003 change that fact? If a law firm inventories the technology used today and identifies a plan for the next two to three years, case management, document management, and other specialized software need to be in that plan. Automating routine processes with these tools can help make more time for the intellectual side of law practice and, of course, allow for contemplation about what is on the technology horizon.

New Technology

Tablet PCs. Wireless phones and Internet access. Linux-based desktop computers. This is the cutting edge - for someone else!

These technologies will gain a few adherents in the legal profession in 2003. Recent technology surveys have shown, though, that lawyers are not embracing other, more established technologies like personal digital assistants (PDAs) and voice recognition software. Technology companies are focusing more on enterprise products and services, typically beyond the scope of the average law firm. For example, some lawyers are looking at a RIM Blackberry or a Handspring Treo. They are both great communication devices - and if are ideal for those needing wireless e-mail - but to get the most out of them, a firm needs a Microsoft Exchange server, which requires a technology and human resources investment many smaller law firms will not have made. Lawyers and law firms can gain from this inattention in a number of ways.

First, they can review their current technology and use the next year to do the upgrades and other enhancements they need. This might be as simple as finally getting the training on that case management software that the firm skipped when installing the software.

Additionally, lawyers can consider their outsourcing services in light of the ability to have always-on, faster Internet connections. More than 35% of respondents to the ABA’s 2001 survey reported a cable or digital subscriber line (DSL) Internet connection, another 21.8% reporting a T1/T3 line. The increased use of broadband connections in law firms - from DSL and cable connections in smaller firms to fractional and full T1 and T3 lines in larger firms - means that some services that were once outsourced might actually be brought back and handled internally. These could include e-mail, Web, and extranets. Nearly any size law firm can manage these internally and the fast Internet connection can be the catalyst for this change.

Second, firms can look at some of these enterprise offerings and see what is available that they might utilize. A number of software developers market software that is essentially a “lite” version of their enterprise software, specifically for organizations that are comparably sized to a small to mid-size law firm. For sole practitioners, they may have free versions. For example, Mailtraq and 602Software offer free SOHO and inexpensive mid-size e-mail servers with fax service and Web e-mail incorporated. Netdocuments has a virtual document management system for small businesses while it focuses its main products at large law firms. Case management companies, like Gavel & Gown and TimeMatters, offer a specially priced version aimed specifically at solos.

Finally, there are some technologies that, although not that new, are gaining ground and that are sure to find a place in many lawyers’ portfolios in the next year. Two of the most promising technologies focus on depositions. They are real-time transcription and online depositions. A court reporter can provide both services - and if a law firm’s court reporter does not belong to these service networks, it might want to find one that does. Livenote, RealLegal Binder, and Caseview are among the most common real-time applications.

Imagine having a deponent’s testimony appear immediately on the computer! That is exactly what real-time transcription provides. The court reporter’s computer connects to the lawyer’s and delivers a live stream of data. As the transcript appears on the computer, someone can annotate and place comments on the testimony, search for inconsistencies, and print off testimony, all while the deposition is in progress.

Online depositions are the next logical step from real-time transcription. They supplement the real-time testimony flow with audio and video, and with a chat room. Now a lawyer can attend a deposition and have co-counsel, experts, and others, who would normally also be physically present, attend over the Internet. This virtual “war room” allows other participants to see and hear the deponent’s testimony and send chat messages to comment - and perhaps suggest inconsistencies or additional questions - while the deposition is in progress. It gives the lawyer additional power in the deposition and can save your client costs without sacrificing expertise.

Another technology that is likely for most firms in 2003 is a move from dial-up Internet access to an always-on connection of some kind. DSL continues to gain ground as a fast, inexpensive way to connect to the Internet. Satellite and cable Internet access is giving lawyers away from metropolitan centers the same opportunity: multiple computers sharing one permanent Internet connection, instant access to research and e-mail, and the option of hosting any aspect of the firm’s Web-oriented resources.

The near future is not earth shaking. 2003 promises modest steps forward, with some lawyers leading the profession by experimenting with new technology and the rest reaping the benefits of those experiments. The year offers lawyers opportunities for taking stock and enhancing their business systems - the choices have never been better and law firms of all sizes can benefit.