TechnoLawyer

Today's issue of TechnoLawyer NewsWire covers a document assembly add-on for Microsoft Word (see article below), a touchscreen pocket computer (PDA), a litigation support program for managing discovery documents, an online electronic discovery workflow and project management application, and an iPhone fax app. Don't miss the next issue.

Document Dis-Assembly the First Step in Document Assembly

Few work-related tasks are as difficult as drafting legal documents. Even newly-minted lawyers with three years of law school and a bar exam under their belt lack the experience required for this task. But document drafting also involves a fair amount of tedious work. Nowadays, you can "outsource" such work to document assembly software, but some of these products seem like they require a software engineering degree — and you do not have any interest in going back to school.

Pathagoras 2010 … in One Sentence

Pathagoras is a document assembly solution that requires no programming knowledge to set up or use.

The Killer Feature

Pathagoras has always approached document assembly like a lawyer — you select clauses to create a rough draft, and then fill in the blanks with case-specific values such as your client's name, opposing party, etc. But moving clauses from existing documents into Pathagoras' clause libraries and books can consume a fair amount of time.

Pathagoras 2010's new "Term Works" technology automates this process. It provides the tools needed to "dis-assemble" a complete document into its core components. Open an existing document and then tell Pathagoras what separates the clauses — headings, paragraphs, or a simple character-set that you insert throughout the document. Pathagoras then dis-assembles the document, and stores each clause as a separate document using proper, meaningful names.

Because Pathagoras stores each clause as a Word document, it preserves all formatting such as italics, font size, etc. Pathagoras even preserves automatic paragraph numbering markers.

Other Notable Features

Pathagoras 2010 also features improved "DropDown Lists," which eliminate the need to manually dig through nested folders to find the document or clause you need to complete your document assembly project. Always on and always active, DropDown Lists reside at the top of your editing screen, and enable you to access any file within a designated folder with a single point-and-click. You can create up to ten DropDown Lists to access up to ten folders.

Other features include an Instant Database, which enable you to supply values to any variables in your document and save the assignments for reuse with other documents, Clause Sets for grouping clauses that you often use together, and built-in synchronization between your local hard drive and a network drive.

What Else Should You Know?

Pathagoras 2010 is a Microsoft Word add-on that works with Word 2000 and later on Windows. Pathagoras can convert your WordPerfect files into Word format so that you can extract their clauses using the new Term Works feature. You can also treat images as clauses for insertion into documents via the DropDown Lists. Pathagoras a2010 costs $379 for a single license or $799 for a 3-pack license. The company offers volume discounts for larger orders. Learn more about Pathagoras 2010.

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Originally published on August 31, 2009 in our free BigLaw newsletter. TechnoLawyer publisher Neil J. Squillante contributed to this article.

The challenges posed by paper discovery seem quaint by comparison to the electronically stored information (ESI) we face today. The ascendancy of electronic discovery (eDiscovery) reflects the social shift from the written word to the computerized one. To provide a framework for these new challenges, consultants George Socha of Socha Consulting and Thomas Gelbmann of Gelbmann & Associates launched the Electronic Discovery Reference Model (EDRM) in May 2005.

The Model That Now Guides the Industry

The 2003 and 2004 Socha-Gelbmann Electronic Discovery Surveys found that general counsel and their outside counsel were unable to compare vendors or distinguish quality providers from wannabes. This frustration lead Socha and Gelbmann to launch EDRM in May 2005 "to address the lack of standards and guidelines in the electronic discovery market."

EDRM's most significant accomplishment to date is the formulation of its nine part model (see above), placed in the public domain in May 2006. The model is a diagrammed flowchart of eDiscovery tasks that provides a workable paradigm for the management of ESI throughout the discovery process. Recognized in court decisions and treatises, the model has achieved near universal acceptance among lawyers and vendors.

Universal Standards for Load Files and Metrics

While this model has helped both litigators and vendors better visualize the steps involved in eDiscovery, Socha and Gelbmann encountered an even bigger problem — transforming the model into actual litigation workflows and measuring the return on investment of the human and technical resources employed.

For example, you may have encountered the debate over whether to review ESI in its "native" format or convert it into PDF or TIFF format. But beneath this geeky debate lies an even geekier one — how to import these files into the growing number of eDiscovery tools, and ensure interoperability so that ESI does not become trapped.

Socha and Gelbmann believe the ideal "load file" consists of an XML-based standard (XML is a document format). As a result, the EDRM XML Project launched in May 2006. Although the EDRM site contains scant information on this project, Socha reports that significant progress has occurred. He describes the goal as "[providing] a standard, generally accepted XML schema to facilitate the movement of [data] from one step of the electronic discovery process to the next, from one software program to the next, and from one organization to the next."

EDRM released version 1.1 of the XML schema in February with version 2.0 in the works. To date, "18 software providers have self-certified import, export, or import and export compliance with the schema," Socha noted.

In conjunction with the EDRM XML Project, Socha and Gelbmann also launched the EDRM Metrics Project "to provide an effective means of measuring the time, money, and volumes associated with eDiscovery activities." In other words, it's designed to help you better manage your eDiscovery projects and the people assigned to work on them.

Near-Universal Support for EDRM

An electronic discovery professional who contacted us and requested anonymity feels these initiatives have taken too long. "It's reasonable to expect standards organizations to create and communicate timelines and be accountable for milestones for technical projects," he said. "So why is it apparently unreasonable for legal professionals to expect the same from the EDRM?"

However, this professional could not point us to anyone else in the industry willing to criticize EDRM on or off the record, even anonymously. Instead, support for EDRM and its pursuit of technical standards seems to run deep.

Tom O'Connor, an eDiscovery consultant and founder of the Gulf Coast Legal Technology Center, is one such supporter. "Vendors don't have interest in open standards," he said. "It's very difficult to promulgate technical standards, and when you're doing it in a volunteer group, it's even harder."

For his part, Socha feels the critique is not fair, and "appears to be based at least in part on a desire for instant gratification." "Standards take time to develop, even more [time] to deploy by early adopters, and yet more time to be more broadly accepted," he countered.

What's Next?

For the remainder of this year, EDRM working groups will continue to fine-tune the model and tackle a number of other projects, including a Model Code of Conduct for eDiscovery. EDRM also launched two new projects at its May 2009 Kick-Off Meeting — EDRM Jobs and the Information Management Reference Model (IMRM). EDRM Jobs will focus on developing a framework for evaluating eDiscovery personnel and technology issues while IMRM will focus on developing a framework for information management within organizations.

"The initiatives we undertake are challenging ones that, as far as we know, others have not undertaken," Socha observed at the end of our interview. He may have some company soon, however.

On June 4, 2009, the International Law Discovery & Disclosure Group (ILDD) announced its existence. It seeks to help its members and the legal world at large get a better handle on international eDiscovery. The ILDD's first Annual Conference takes place in London this month.

Socha doesn't know the people behind the ILDD, but welcomes collaborating with them. "Our hope is that the various organizations attempting to provide guidance and set standards will be able to work together as we move forward, sharing results and avoiding unnecessary overlap," he said.

How to Get Involved in EDRM

EDRM welcomes both individuals and organizations as members. Membership fees depend on whether you want to participate in only one project such as the EDRM XML Project or several. The annual fees range from range from $150 to $200 for individuals, and $750 to $7,500 for organizations (depending on the number of employees). If you lost your job this year, you may qualify for free membership.

EDRM's membership has steadily risen over the years though it may decline this year thanks no doubt to the recession.

• 2009-2010: 79 member organizations (to date)
• 2008-2009: 96 member organizations
• 2007-2008: 79 member organizations
• 2006-2007: 68 member organizations

You can also participate for free in the sense that EDRM makes all of its materials available on its Web site. "Many who have benefited from the EDRM materials have made no investment in the creation of those materials," said Socha. "We do not see this as a problem but rather as a sign of success."

That's apparently how Sir Timothy Berners-Lee feels about a well-known standard he invented — the Web. While EDRM will never become an English word, it has already done for eDiscovery what the Bluebook did for legal citations, and it may eventually make document production as seamless as it was when the legal profession rallied around another standard — paper.

Addendum: Though perhaps not in quite as dramatic fashion as Mark Felt, our anonymous source, Rob Robinson, unmasked himself today on his blog, InfoGovernance Engagement Area, to respond to the above column. Please read his response, EDD and EDRM — Standards Acceptance and Use. — Neil J. Squillante, Publisher

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Coming today to TechnoFeature: Invariably, successful leaders all agree on one piece of advice — don't delegate recruiting too far down the organizational chart. The people who work at your firm are your firm. In this TechnoFeature article, Scott Christensen, Director of Information Services at Wildman, Harrold, Allen and Dixon, explains how he leaves no stone unturned when recruiting talent. From efficiently reviewing resumes to asking questions designed to unearth red flags to checking references, Scott has written a veritable handbook you'll want to forward to all the managers at your firm.

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Coming today to BlawgWorld: Our editorial team has selected and linked to 59 articles from the past week worthy of your attention, including our Post of the Week. Here's a sample:

Primping Your PDFs

A Guide to Netbooks for Law Firms

Going It Alone

SMADD (Social Media Attention Deficit Disorder)

This issue also contains links to every article in the September/October 2009 issue of Law Practice and the September 2009 isse of Law Technology News. Don't miss this issue or future issues.

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Watch the Video

TechnoScore: 1.5
1 = Lowest Possible Score; 5 = Highest Possible Score

Have you ever watched a news reporter on the street when a passerby waves at the camera or makes funny faces behind the reporter? You almost want the reporter to turn around because the passerby is more interesting. That's the problem with this video by immigration attorney Kurt Hermanni.

In the video, Hermanni talks about how illegal immigrants might be afraid to pursue their legal rights if injured in an accident. Ironically, Hermanni says he does not handle personal injury cases. "If you feel you are afraid to present yourself in an action in civil court, I am here for advice," he says. Hermanni fails to completely connect the dots so it seems like a non-sequitur, but there's an even bigger problem.

There's a large framed print behind Hermanni — and it's as crooked as the Leaning Tower of Pisa. During the entire video, I half expect to hear a laugh track. I keep waiting for the attorney to turn around to see what's so funny. I wonder why the frame is not level and even, and whether this attorney watched his video before uploading it. If I didn't know any better, I'd say this video is a spoof of a lawyer commercial. But it's not.

Watch the video for yourself to see why I deducted 3.5 points from its TechnoSore. I gave the video 1/2 a point for having the most extensive description I've ever seen on YouTube. I'm not so sure that's a good thing because it's mostly a lengthy resume that describes Hermanni's experience, skills, memberships, areas of expertise, as well as his contact information.

Tip #1: Always Watch Your Final Edited Video

Perhaps Hermanni walked by this crooked wall hanging a thousand times and never noticed. And that was fine … until it served as the backdrop for this video. Time for a reshoot.

Tip #2: Ask and Answer One Question Per Video

If you ask multiple questions, viewers may not care about all of the questions and decide not to spend any time watching your video. Viewers may also lose track of what you're talking about.

Giving one answer limits the video to only one topic. If your viewers Have a similar problem, you have identified that exact issue of interest to them. Now you've got their attention, and increased the likelihood that they will contact you.

Tip #3: Illuminate

Before starting your video shoot, you must set your white balance so your camera knows the correct colors. If you rely on automatic white balance you run the risk that your colors will be incorrect and dark, as in this video.

Also, don't forget to light up your background. Doing this will greatly improve the look of your video. You cannot rely solely on sunlight or overhead fluorescent lighting to provide light for your video. You need dedicated lights to illuminate your face as well as your background.

Till next time, see you on video!

The Back Bench

Certified Family Law Specialist and online video producer Kelly Chang Rickert says: "Not impressed. The production quality is poor — the picture is crooked, his head is cut off. The speaking quality is also poor — Kurt hesitates too much, and struggles for words (not good for a lawyer). Overall grade: D for effort."

TechnoLawyer publisher and online video producer Neil Squillante says: "Either the camera is crooked or Hermanni needs to sit up straight and the frame behind him straightened. He should also rehearse his script, and change the title of the video to better reflect its content (as one commenter complained)."

About YouLaw
YouTube offers law firms a free advertising platform with tens of millions of potential clients. But a poor video can hurt more than help. In this column, lawyer and online video expert Gerry Oginski reviews and rates the latest law firm videos. A panel of fellow experts (The Back Bench) add to Gerry's reviews with pithy remarks. We link to each new YouLaw column and all other noteworthy law firm marketing articles in our weekly BlawgWorld newsletter, which is free. Please subscribe now.

About Gerry Oginski
New York trial lawyer Gerry Oginski has created more than 150 informational online videos for his medical malpractice and personal injury practice. Realizing that most video producers don't have a deep understanding of the practice of law and what potential clients look for, Gerry launched The Lawyers' Video Studio, which provides free tutorials and video production services. If you need help producing a video, please contact Gerry now.

Contact Gerry:
T: (516) 487-8207
E: lawmed10@yahoo.com

 

Originally published on August 31, 2009 in our free SmallLaw newsletter.

"May you live in interesting times." Thanks Confucius, we now get it. As we approach a full year of living in a tanked economy, the old rules no longer seem to apply to this new legal world. The ABA Journal recently reported that 39% of 14,000 lawyers polled said they expected layoffs at their firm in 2009. Nearly 20% of the respondents expected to lose their own job. Welcome to the new normal.

How Good Lawyers Survive Bad Times

After decades of lawyers calling the shots, everything has changed. But not necessarily for the worse. Open-minded small law firms that welcome change and equate "challenges" with "opportunities" may experience a renaissance of sorts provided they know the answer to this question: How can good lawyers survive bad times?

Hot off the press, the ABA Law Practice Management Section's new book, How Good Lawyers Survive Bad Times, is here to help. Co-authored by yours truly, along with noted legal technology and law practice management sages, Sharon Nelson and Jim Calloway, the book offers immediately usable and practical tips to help lawyers not just survive, but thrive by leveraging street smarts, positive thinking, decisive action, and creative solutions.

How Good Lawyers Survive Bad Times consists of three parts: (1) how to keep your job, find a new one, or start your own firm; (2) how to manage and market your firm in a down economy, and (3) how to practice more efficiently with the help of technology. Below you'll find five excerpts.*

Practice and Financial Management

It's Your Money — Watch for Trouble

Reviewing your internal financial reports regularly is an important part of maintaining the firm's profitability in tough economic times. Monthly reviews of your financial reports may no longer be sufficient. Many firms will be well advised to switch to either weekly or bi-weekly review. You would never allow a client to operate a business without checking their inventory, bank balances and financial statements very regularly. Why would your law firm have any lesser standard?

Renegotiate Everything

We can't stress enough — renegotiate your current contracts. You might be amazed at how eager they are to keep your business. This has worked with credit card companies, security services, telephone providers, furniture stores, and the list goes on and on. There is never any harm in asking. Take a look at the major vendors you're paying on a regular basis. Many of them are well aware that you are now doing comparison shopping and will offer a reduction in rates. Some will be willing to change payment terms to allow you, say, 60 days to pay balances rather than 30. Shave the overhead by negotiating aggressively with vendors.

Business Development and Marketing

Thinking Innovatively Is the Key to Surviving a Bad Economy

Can you create more value for clients? Is alternative billing a partial solution? Can you you, at this time, appeal to different clients? Should you firm structure be changed to deal with economy? What can you do with your overhead? Can you merge for strength? Should you break away from a weak firm? As a solo? As a group? Can you find a global market? Can you practice in another area of law? Do you need to change how you market? The questions are endless — and the answers are not pat — they will vary from lawyer to lawyer. Take some quiet, meditative time to think this through. In our busy lives (well, perhaps somewhat less busy for some these days), it is difficult to think amid the phones, faxes, emails, etc.

Technology in Law Practice

Smart Technology Can Positively Shift the Time Bucket

A basic premise to consider when making any technology expense — whether for a replacement computer, a new laser printer, a shiny new smartphone or a practice management system — should always be whether it positively shifts the "time bucket." What is a time bucket? Simply put, regardless of whether a firm tends to bill by the hour, bills flat fees, does contingent billing, does some other kind of project/"not to exceed" kind of billing, there are only so many potential billable hours in any given day.

Spending Money in a Tight Economy May Seem Irrational at First

The challenge is overcoming the inertia of human nature. When times are tough and discretionary business cash is tight as a drum, who spends money on new technology? Don't those funds go to satisfy more primal needs like wages and rent? This is where lawyers who are both courageous and smart will hold back their instinctive "bunker mentality" and apply the "time bucket" analysis. If the projected return on the technology expense will positively shift the bucket to a higher percentage of billable time, exceeding in a predictable, calculable period of time, the cost of the technology, the expenditure not only makes sense, but is economically necessary. The converse also being true, a purchase that would negatively shift the time bucket should be avoided.

Let Us Know What You Think

These excerpts merely scratch the surface of what you'll find in the 230 pages of How Good Lawyers Survive Bad Times. Priced at $47.95 for Law Practice Management Section members ($79.95 otherwise), my co-authors and I believe you will find it a worthwhile investment. If you read the book, please let us know what you think.

* Excerpts Copyright 2009 ABA Law Practice Management Section, Sharon Nelson, Jim Calloway, and Ross Kodner. All Rights Reserved.

Written by Ross Kodner of MicroLaw.

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Small firm, big dreams. Published first via email newsletter and later here on our blog, SmallLaw provides you with a mix of practical advice that you can use today, and insight about what it will take for small law firms like yours to thrive in the future. The SmallLaw newsletter is free so don't miss the next issue. Please subscribe now.

Coming today to Fat Friday: Susi Schuele discusses social networking for lawyers, Mark Buckley responds to Gerry Oginski's YouLaw review of his YouTube video, Fredric Gruder reviews QuickFile4Outlook, MailStore, and Adobe Acrobat for email management, Harry Styron shares the biggest benefit his law firm derives from blogging, and James Atkins reviews Speakeasy's VoIP services. Don't miss this issue.

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Coming today to Answers to Questions: Michael Schley explains how his firm manages documents without true document management software, Michael Schwartz compares Time Matters integration with Timeslips versus Billing Matters, Ted Bartenstein reviews Philips' Pocket Memo digital recorders, Christopher Spizzirri reviews ScrapBook for Web clippings, and Steve Hall reviews his experience using an exercise ball as an office chair. Don't miss this issue.

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Today's issue of TechnoLawyer NewsWire covers a practice management system (see article below), a miniature Linux-based server, OCR software, an eBook reader and bookstore, and an iPhone app for streaming television shows. Don't miss the next issue.

Need to Manage Your Practice? There's an App for That.

The practice management software market has seen its share of ambitious products over the years, many of which don't survive beyond version 1 or 2 thanks to a misreading of the market, inadequate capital, poor management, version inflation (too many upgrades), or all of the above. Interestingly, several of the companies that gave birth to this market have survived and remain independent thanks to their customer focus. We've been remiss in covering one such product.

Needles Case Management Software Version 4.8 … in One Sentence
Needles Case Management Software Version 4.8 (Needles) is a practice management system designed to help law firms optimize their workflow and reduce errors.

The Killer Feature
When software like Needles first cropped up in the early days of the PC, the ability to generate mailing labels was a revelation.

But thanks to the business intelligence movement, law firms want to slice and dice their data in ways never before imagined. To meet this demand, Needles now provides more than 85 standard reports, and an overhauled Report Writer to make it easier to create your own custom reports. You can base a report on virtually any standard or custom fields, and sort the data as you see fit.

Other Notable Features
Needles has a wide array of features, including calendar, contacts, email, internal messaging, conflict checking, statute tracking, checklists, document management, case status, cost tracking, litigation management, and much more.

Opening Needles displays the Needles Today screen — a dashboard that lists upcoming calendar items, email and internal messages, and a checklist of tasks related to your matters. Needles' internal messaging system enables you to view a communication related to a case. In version 4.8, you can elect to have these messages sent to your email address so you can access them when you're not logged into Needles (e.g., on your smartphone).

Also new is a redesigned interface that enables you to view more information on Needles' case status screens, which provide a snapshot of a particular matter. You can export a status screen in HTML format and upload it to your extranet for client viewing.

Over the years, Needles has added the ability to integrate with accounting and billing programs such as QuickBooks, Tabs3, and Timeslips. Version 4.8 adds integration with Juris.

What Else Should You Know?
To make it easier to get started, Needles includes Case Types — templates for practice areas ranging from bankruptcy to insurance defense to personal injury that include everything from client intake to legal research to statutory deadlines. You can customize these templates further to suit your specific workflow. Needles costs $1,000 per user for up to nine users. The price per user drops incrementally at 10 users, 20 users, etc. Learn more about Needles.

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So many products, so little time. In each issue of TechnoLawyer NewsWire, you'll learn about five new products for the legal profession. Pressed for time? The "In One Sentence" section describes each product in one sentence, and the "Killer Feature" section describes each product's most compelling feature. The TechnoLawyer NewsWire newsletter is free so don't miss the next issue. Please subscribe now.

Coming today to TechnoFeature: Many litigators consider themselves "project managers" because they constantly juggle deadlines, people, tasks, and documents. But formal project management is a professional, technical discipline that has become indispensable in litigation matters, especially electronic discovery projects. In this TechnoFeature article, eDiscovery consultant and project manager Brett Burney explains what eDiscovery project management entails, and summarizes the latest advice and knowledge from this emerging field.

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Our flagship newsletter never disappoints thanks to its in-depth reporting by leading legal technology and practice management experts, many of whom have become "household names" in the legal profession. It's in TechnoFeature that you'll find our oft-quoted formal product reviews and accompanying TechnoScore ratings. The TechnoFeature newsletter is free so don't miss the next issue. Please subscribe now.