Document 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.

Document management is a topic about which many law firms have little or no knowledge. Unfortunately, for most firms, the lack of a good document management system creates chaos and inefficient dependence on key individuals. It is also the source of major inefficiencies in law office operations. Luckily, the software is easy to use, is relatively inexpensive, and becomes more valuable as time goes by.

In a nutshell, document management is a method of organizing computer documents through the File-Open and File-Save operations. It forces standardization upon the user by dictating where documents are stored, how they are named when saved, and how they are retrieved for future use.

As always, lets apply our six essential questions:

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

Why do I need it?

The answers to some of the following questions will help you to evaluate whether this software would be of benefit to the firm.

“Does the firm create a large number of documents per month?”
“How often is it useful or necessary to retrieve these documents?”
“Are there multiple attorneys who work within the same practice area?”
“Is it useful or necessary to track and retrieve various revisions of a document?”
“Are my computer users savvy enough to accomplish the desired structural file organization without the help of a document manager?”
“Is there a special need to be able to search across multiple clients to retrieve documents?” (i.e. brief banks, title searches, etc.)

While this list is not exhaustive, it will give you a fairly good idea whether document management is right for you. Of course, the analysis is more effective if you are honest in your appraisal. Most lawyers are oblivious to the process of retrieving existing documents so without a specific effort they cannot properly assess some of the above questions.

Another method of determining whether you need a document manager is the functional analysis. How many times can you remember this scenario. A new client has just retained your firm and the facts and law of the case trigger a memory of another case you handled some time ago. You go to the paralegal, “Betty, Joe Smith has decided to retain us so please create a file for him. You know, his situation is almost exactly like the case we had about four years ago with that woman who had the little poodle dog. I can’t remember her name. Do you recall who I’m thinking of? She was about 45, brown hair and always carried that little dog with her. Oh well, see if you can find that old file. It would save me a lot of time on Smith.”

Of course, the two or three hours Betty will spend looking for this needle in the digital haystack will not save her any time. And her time costs the company money. Not as much as the lawyer, of course, but still a substantial cost if this scenario replays itself very often. Not to mention the pure aggravation of the search.

The key is to be honest. If the software is needed (and it usually is) then it will end up costing less to have it. Otherwise, inefficient practices will still be the norm and non-billable administrative time will continue to bleed profits from the bottom line.

Who in the firm needs it?

Only those who need access to the documents produced by the firm. Database programs manage their own data so personnel who only work within programs such as Abacus, TimeSlips, TABS, Amicus, Time Matters, etc. do not need document management. The key here is the word “only”.

If the bookkeeper doesn’t word process but the bills are created in WordPerfect then they need access to the document manager. If the billing program handles the bill internally (as many do) then they generally don’t. Assess each employee in this way and install the program only on the computers who need access.

One typical mistake made by many firms is to continue to view document retrieval as a staff function. Once document management is instituted, the attorneys will be able (with little training) to easily retrieve their own documents very quickly. The programs work so fast there is little added overhead on the lawyer but cuts out the entire administrative process of “Judy, please find me the Green complaint/contract/will/etc. I need to mark it up for the Pittman file.” This alone will quickly recoup the cost of the software.

What does it do?

Typically, firms use some type of directory/folder structure and search within the File-Open dialog box of the word processor. More advanced users have learned how to use the Find-Files or Folders function in Windows Explorer. Both of these methods work fairly well if you know the place to look and some part of the name of the file.

But what if you can’t remember the name of the client? And the file was named by an employee who has now left the firm? Finding the document can then become a digital safari looking for an endangered species. Difficult and time consuming. NON-BILLABLE time consuming. So how does a document manager improve the situation?

A document manager is much like a database indexer for your documents. You still save the documents in a folder and give it a file name but, in addition, you also have user-defined fields to index the document. You also have a field to add various search terms you think will be helpful in the future. You also can search the entire text of the document using Boolean logic (like Lexis/Westlaw).

For example, here is a typical screen shot of the File-Save function of a popular document manager. All of the fields labels are defined by the user (you) and the fields can be limited to responses from a list or simply typed in. You can also make certain fields mandatory.

Once the document has been filed using the File-Save function it can then be found using the File-Open function by entering search terms in the fields below.

The results of the search are listed in a screen from which you can choose the document you need. The path to the document is shown as well. Simply double clicking on the document is all that is necessary to open it in the word processor.

Lets look a little closer at the advantages of the indexed search mechanism. If I know the name of the client and nothing else I can pull up a list of every document ever created or modified for that client. If I know only the type of document and have forgotten the name of the client I’m looking for then I enter that information and receive a list of all the documents of that type. If I remember the name of the Judge who signed the order then I can enter that in the “text in file” field and narrow the list of results. Since I can choose the names of the fields each screen will be customized to hold the information I choose to use for the index. As you can see, this type of program makes it very difficult to lose track of a document.

When should I implement it?

Of course, the best time to implement a program such as this one is in the beginning. Otherwise, a choice must be made about whether to retroactively index past documents or to proceed from this day forward. Since the power of the program grows as time goes by it makes sense to start as soon as possible.

Where do I use it?

Typically, these programs are server based but use the local word processor. In other words, the database index used to search for documents is stored on a server but the program runs on the computer you sit at to create the documents. Each computer needs a license to access the main database index.

All of the major document managers work with both Word and WordPerfect. In fact, most of them work with any Windows based program which has a File-Save command. This means you can index not only word processing but also spreadsheets, presentations, graphical exhibits, photos, etc. This allows you to bring up all of the associated materials on the computer for a particular client regardless of the type of document.

How do I implement it?

The best way to implement the program is to first decide whether past documents are going to be brought into the program. If so, then perform this before placing the program in use firm-wide. If not, then simply install the program and set up the desired indexing fields. Training for the administrator of the program should be done at this time.

Once the program is installed and ready to be used then conduct training for the everyday users of the software. By delaying until the software is fully set up the users can immediately go from the training session to the program. This increases the retention of the user which increases productivity. Implementation costs will be recouped sooner.

Conclusion

Document management software is one of the basic building blocks of legal software needed by virtually every law firm. It standardizes and simplifies the process of storing and retrieving computer documents.

Although there are more advanced functions not covered here, the basic function itself is extremely valuable to the average firm and continues to grow over time. Even case management software cannot claim to make a process simpler for the user while also making it faster and more powerful. Take a look at your firm’s document management system and determine whether you need to move to a better solution.

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.

Resources to get you started:

NetsaversCenter Y2K Section www.suttondesigns.com/NetsaversCenter/Y2K/Y2K-Links.html
Year 2000 Software Windowing Solutions www.suttondesigns.com/NetsaversCenter/index.htm
PC Magazine Online www.pcmag.com/y2k
PC Magazine October 6, 1998 "What To Do About the Year 2000", Jim Seymour, p. 100
Ziff-Davis ZDNet www.zdnet.com/y2k
Year 2000 Information Center www.year2000.com
Legal/Management Issues www.y2k.com

Netsavers Y2K TSR Scanner Kit, V. 4.0.1 www.suttondesigns.com/NetsaversCenter/Y2K/NetY2K
The RighTime Clock Company www.rightime.com
DMX II www.dmx2.com
Computer Experts Ltd www.computerexperts.co.uk
UniComp Products www.unicomp-products.com
Network Associates www.nai.com