Case Management - This article was originally published in the Campbell Law Observer, a monthly legal newsletter published by the Campbell University School of Law in Buies Creek, N.C. To subscribe, contact Shannon Vandiver at (910) 893-1798.

Case management software has been around for several years although recent advances in computer processing power have taken it to an entirely new level of capability. It performs the same function for the computer network that the paper client file has always handled in the past. That is to say that it provides a central location from which to collect, dispense and review all the information pertaining to a particular case.

Modern case managers provide a law firm with the ability to leverage technology in a manner thought futuristically impossible only a few years ago. The ability to use information already in the case manager to automatically produce new documents and the ability to group and link sets of to-do’s and appointments among them. By centralizing all the information about a case and the clients involved in a single computer program, this makes it available to all users on the office network for a variety of purposes. Among these are tracking the status of a case, reviewing the time spent to date, finding a telephone number, or checking conflicts of interest.

Before we begin to apply our six standard questions to this type of program, let’s quickly review how case managers originated.

It started with the personal information manager (PIM). The PIM started out as a paper system such as the DayTimer product. As personal computers became more powerful, electronic alternatives to these paper based systems began to surface. Initially used only on desktop machines, the products soon began to show up on laptops and now are available on personal hand-held computers. The scope of the PIM is limited to basic personal information.

As computers became more powerful, the PIM features were extended and the contact manager was created. The contact manager is capable of tracking a contact in much more detail than a PIM. Business or personal information, to-do’s, appointments, and other additional features are available. Microsoft Outlook or Novell Groupwise are both good examples of contact managers with enhanced features.

It was only a matter of time before software developers began to adapt the features of contact managers for specific uses, such as law firm case management. Although in the beginning, a case manager was merely a contact manager with a few special features adapted for law practice, recent years have seen extensive development of these programs. The feature sets of more mature case managers are now specifically targeted at the needs of legal professionals and their staff.

Now let’s look at how a case manager may fit into your law firm.

Always apply our six essential questions to every computer purchase you are considering:

What does it do?
Why does my firm need it?
Who in the firm needs it?
When should I buy it?
Where do I use it?
How do I implement it?

So, let’s begin with What is a case manager?

A case manager is like a contact manager in that it is basically a database of information. Unlike a contact manager, however, the case manager also accumulates information about the case itself. By shifting the focus of organizing information from contacts to case files, modern case managers generally track information in the same manner as traditional paper case files. In addition, the centralized nature of networked case managers means that when information is added, changed, or removed by one employee, it is added, changed, or removed for all employees. This keeps everyone in the office working off of the same sheet of music.

Case managers also have special features not found in other contact managers. Employees can track their time and attach a time slip to a specific case file without having to enter the information about the case. The case manager automatically fills in all fields except what was done.

In addition, information in the database can be used to complete document templates set up in the document assembly system. This is similar to the old WordPerfect “merge” function except that the information already in the case manager is used to complete the document. No retyping!

It can create “time templates”, i.e. groups of to-do’s and/or appointments, which regularly occur in certain practice areas. These time templates can then be saved and reused to set up the basic requirements of a new case. In addition, the various to-do’s and appointments can be “linked” together so that completing a title search can trigger the deadline for doing a preliminary title opinion or setting a court date will trigger the deadline for requesting discovery.

Documents can be managed by linking them to a specific case file for easy future retrieval. Conflicts of interest can be checked by cross referencing potential new client against the contacts listed in the case manager. All scheduling is available to everyone in the office immediately after being entered. The rolodex is replaced with an electronic equivalent in the case manager so that everyone in the office has access to phone numbers and addresses all the time.

These and other additional features vary depending on the individual case management program so it is important to determine your law firm needs when choosing a program. Several vendors have even written programs targeted at specific practice areas. Nationally, there are now almost 200 case managers available for purchase.

Why does my firm need it?

Law firms today are servicing more clients and producing more documents than at any time in history. The ability to centralize all client information and then reuse it again and again to produce new work product is a major advantage in keeping up with this new demand. The ability to find old documents quickly and easily in order to use them as a basis for new work product is another efficiency tool which is now economical for small law firms or solo’s. Automated reminders to eliminate missed deadlines and appointments will help keep our malpractice insurers breathing easier. Master calendars for the entire firm prevent scheduling overlaps. These are only some of the tools and advantages that case managers bring to a law practice.

If your firm has any substantial number of clients and cases, then you need a case manager. Period.

Who needs to have it on their computer?

All of the employees in the law firm need to use the same networked case manager. Failure to do so can lead to duplicated and erroneous information. Even the receptionist can utilize many of the basic features of the program to increase productivity.

Some programs have less expensive components for legal staff. Always carefully evaluate the features of these watered down versions before making a decision. ‘Penny wise, Pound foolish’ nicely sums up the dangers of trying to pinch pennies here.

When should a firm consider moving to an electronic case management program?

The major benefits derive from two areas: caseload volume and document production. If the firm carries a substantial case load, then a case manager can definitely provide immediate benefits. A specialty firm which handles a small number of larger cases will not benefit from this type of program to the same extent.

If a high caseload firm also practices in areas with significant document production needs, then implementing a case manager should be a high priority. Conversely, a low caseload/low document volume firm may not require any case management or document assembly.

A low caseload/high document production firm may not find it cost effective to implement this type of program since the document assembly features can be duplicated without the use of a case manager. This is the only gray area in deciding whether to implement an electronic case manager. Otherwise, my advice is the sooner, the better.

Where do I fit this program into my law practice?

A case manager is not a substitute for proper law office systems. Its proper use is extending existing paper systems to an electronic format.

The normal workflow of the office consists of everything from the file numbering system to checking conflicts of interest to keeping track of time spent on a case. Too many law firms either abandon solidly designed paper systems when implementing an electronic system or never bother to properly develop these systems and expect the electronic case manager to instantly solve their workflow problems. Either choice is a poor one.

Document the office workflow system first, then choose a case manager to mimic that system as closely as possible. This will minimize the disruption caused by going to the new program. Even with the temporary disruption that moving to a case manager entails, the advantages far outweigh the negatives.

How do I implement it in my law firm without disrupting my normal workflow?

As stated above, make sure that you iron out any workflow questions before beginning the implementation. The next step is to train one or two of your most technologically adept employees to be the ‘experts’ on this program. This is best accomplished by hiring a professional trainer to tutor these employees from a beginning to an advanced level in a short period of time.

Depending on the particular situation, the rest of the staff should be trained on the basics of the new program either by a professional trainer or by one of the employees designated as an expert. Unless the expert employee training is performed before the program is installed, then the general employee training must be performed by a professional trainer. It is imperative that the employees are trained as soon as possible after implementation. The frustration which will arise if the employees are not able to understand and use the program to complete their work will eventually lead to poor attitudes and a longer learning curve delaying the time until the program becomes cost effective.

Although it may seem expensive to pay for training, the return on your investment in the computer program will be much quicker with proper training. The climb up the learning curve will be greatly accelerated resulting in faster Return On Investment (ROI). One method to allow the designated expert employees to conduct the general training is to install the program only on designated expert employees computers at the outset. Then intensive training is performed only with these employees. This allows the expert employees to begin to customize the new program before the balance of the employees are asked to use it. The firm should continue to conduct its business as if the computer program is not yet installed. Once the most beneficial customizations are performed and tested, training of the rest of the employees in using the program should be scheduled. This training is basic compared to the expert training and should not take more than a few hours.

It is my firm belief that virtually all of a law firm's return on investment in computer hardware or software comes from training. If you cannot figure out how to accomplish it, then hold off on the implementation until the details can be worked out.

Last of all, make sure that you purchase licenses for each person in the office who will be using the program simultaneously. The maximum number of licenses would be one for each workstation computer in your law office. If Susie and Lisa each have their own computer but Susie will only be using the program in the morning and Lisa only in the afternoon, then this generally only requires one license. Make sure you read your licensing agreement to ensure compliance.

Conclusion

Every computer related purchase should be carefully scrutinized for ROI. Although it is rare, I have been to law offices which would see little benefit from a case manager. Always remember that technology for its own sake is not a valid basis for purchase and implementation. Make sure that every purchase fits your law firm needs.

Lee D. Cumbie is the founder of Cumbie Law Office Automation Consulting, one of the Technology Assistance Program consultants for the N.C. Bar Assn. He is also an Adjunct Professor of Law at Campbell University where he teaches the Law Firm Computer Lab course. Lee is a member of Tyson & Cumbie, PLLC in Fayetteville, N.C.
Lee earned his B.S. degree from Regents College after military service in the U.S. Navy. He earned his J.D. from Campbell University, cum laude, in 1997.

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