unnatural practice of case management revised 0610

The Unnatural Practice of Case Management

Deborah M. Welsh, MPA, NCCPLawyers EastGreenville, North CarolinaJune 14, 2008

Is this how you feel?

Why is good case management “unnatural?”

“Sharing and using knowledge are often unnatural acts.” Thomas Davenport, Ph.D.

One of the most important qualities of a great paralegal is the ability to locate a document or piece of information for a file quickly and accurately.

The ability to do this depends upon the system you have in place to store and save documents and information to a case.

We must consider how others will look for information such as:

To and from client Research relative to the case To and from opposing counsel, courts, administrative bodies, experts, etc. Upcoming events, court dates Deadlines Outlines of facts in the case

Why is good case management necessary?

Have you considered how much time it takes you to find….

A document A telephone number A form or example Your expert’s CV An invoice that needs to be paid The name of the court reporter your attorney

really likes to use…….

A typical law firm “loses in excess of six weeks per year hunting for files.”

Wise words about good case management

“2 ever-present elements of any legal practice are ‘documents’ and ‘time constraints.’” Lawyers Mutual

“Case management = knowledge management = the creation of a system or process in an environment that allows all employees to have access to information they need to develop the knowledge to do their jobs.” Nina Platt

“Attorneys who have quick and easy access to the right information will have strong advantages with regard to performance, providing high quality services, and facilitating a better functioning practice.” Lawyers Mutual

What Advantages?

Cross-examination and re-direct Mediation Arbitration Trial

– Judge John W. Smith awarded $14,793.75 for paralegal time prepping for and assisting at trial

– Advantage for Jury– Advantage for Court

How to Organize Paper Files

Shared resource Conformity to process Why still have paper? Electronic or paperLess case management

will mirror paper files

Materials

Redwells Manila Folders Labels Number Tabs

On the outside of the redwell, use your 1” x 3” label to identify the following:

JOHN A. DOE 08 PI 1232/14/08 2/14/11 RAP/DMW

Client’s name Case NumberDate of Occurrence SOLAtty/Paralegal

Label manila folders as follows:

1. Correspondence2. Contract/Authorizations3. Attorney Work Product/Notes4. Incident Report5. Investigation6. Advanced Costs7. Photographs8. Insurance/Med Pay9. Medical Records18.Medical Bills11.Plaintiff’s Discovery12.Defendant’s Discovery13.Pleadings14.Pre-Trial 15.Experts16.Trial

File Documents

Correspondence should be filed with the most recent document on top.

Do the same with Pleadings and Discovery documents.

When you receive incoming mail, check the date on the envelope to be sure it matches the certificate of service or date on the correspondence. If it is the same, throw the envelope away. If not, staple it to the document and keep it in the file.

Medical Records and Bills

As you send for and receive Medical Records and Medical Bills, however, keep the envelopes and any introductory correspondence. You may need these if your attorney has to depose the custodian of records for that medical facility or if there is a dispute regarding the authenticity of the documents or the chain of custody of evidence, such as pathology slides.

Experts

In the Experts file, keep curriculum vitae, invoices, research, and the correspondence to and from the expert and the firm. If you do this, the attorney will have a complete record, from beginning to end, of all communications with the expert and you will not be looking in several places for each piece of information.

Table of Contents- Pleadings

6/2/08Reply5

4/29/08Answer4

3/31/08Affidavit of Service3

2/1/08Complaint2

2/1/08Summons1

DateDocumentItem

Medical Records and Medical Bills

Medical records and medical bills are each kept in separate files.

However, the Table of Contents for each folder should mirror each other.

Medical Records and Bills Table of Contents

Note the “NR” notation = “not related” Note the “missing bill” or “missing record”

notation

Table of Contents = Working Documents

Pleadings: – When documents are filed– Are Answer, Responses to Discovery, due?

Medical Bills/Records:– Ongoing amount of client’s damages– Potential liens– Are documents/bills complete?

Table of Contents: What else can they do?

Cut and paste relevant information into discovery responses, mediation and arbitration notebooks.– List of providers– List of medical bills– Omit columns not needed– Use for list of exhibits in Pre-Trial Order

Case Management Principle:

Record information once, use it several times, in several different ways

Medical Timeline

Medical records are kept in order by provider, with the most recent treatment/visit on top, providing a sequential record of treatment from each provider.

The Medical Timeline, however, integrates all treatment as it occurred, on a day-to-day basis.

Timeline

Medical Timelines:– Uncover trends– Highlight the complexity and coordination of

treatment– Show disruption of client’s life– Integrate prior medical history into current

damages– Facilitate understanding of the integration of

client’s medical treatment by all providers

Timeline

Helps you determine relevant bills Is a place you can highlight important

information for attorney Is a place you can provide definitions and

examples in footnotes for attorney Is helpful for expert review Is helpful for attorney in depositions Is helpful in mediations, arbitrations and trial

Electronic Case Management

Still same system, only on computer

A good case management system means “thinking less about knowledge management and more about knowledge partnering.”

Generally, will still be doing 1 of 3 tasks:– Creating or receiving documents/information– Saving/filing documents/information– Notifying other staff members of the existence of

the information

Paper File…..

Incoming mail copied for supervising attorney and original placed in file

Outgoing documents created and saved on computer, copied on photocopier, and hard copy saved in client’s file.

…Vs. Electronic Case Management

Incoming documents are scanned, creating a digital (PDF) file that is saved to client’s computer file

Electronic message is sent to supervising attorney and all persons involved in matter notifying them that document is here and ready to view on their own computer.

Same… but different

In both systems, original documents saved to paper file.

If you think of electronic case management as mirroring your paper file, start up will be easier and consistence can be maintained.

Advantages of Electronic Case Management

Some advantages of using an electronic case management system:

1. Lower copying and mailing costs.2. Lower file storage costs.3. Instant access to a client’s file from offsite

locations, such as courtrooms, other law offices, libraries or home.4. Lower cost for production of documents 5. Instant and convenient way to send documents and information to reviewing experts.

1. Multiple users can access information in a client’s file at the same time, facilitating collaboration.

3. Provides instant access to a client’s file when they call for information such as upcoming court dates, the status of information gathering, or whether or not you received records and bills from their last medical visits.

8. Timely receipt of attorney requests and information and notification to attorneys of completion of tasks or requests for assistance or clarification.

9. Ease of collaboration on documents- share both incoming and outgoing docs.

10. Efficient and effective transference of knowledge to those who need it.

11. Provides efficient tracking of events.

12. Becomes a repository of important original documents that have been scanned. Critical in the event of loss of documents due to weather, fire, etc.

13. Allows instant redacting or marking of documents at trials or hearings.

14. Part of good risk management practices since documents on an electronic case management system can backed up and saved at off-site locations.

15. Provides integrated calendaring system, with alarms and reminders accessible to all persons on a file.

Equipment

Equipment**

Implementing a paperLess office requires hardware and software that will convert documents to digital images and then store them on your computer hard drive or server.

The purpose of this paper is not to discuss individual technical requirements, but to explain the general way in which the system can work in a legal office.

** Talk to your IT expert before purchasing any hardware or software for your firm.

Equipment

Scanner– Can be stand-alone at each computer station, OR– Usually is already included on most office-sized copier

machines

The average copier-scanner will perform 90% of the functions you will need, but keep in mind that images will be black and white. For colored documents, consider purchasing a stand-alone color scanner.

Software

Imaging software

Most paralegals and attorneys I have talked to use Adobe Acrobat as standard for document imaging.

State and NC Federal court also uses Adobe Important: Not talking about Adobe Reader

which is a free, downloadable product. In order to scan, save, retrieve, fill-in, mark and

convert documents, you will need a full version of Adobe Acrobat.

The way it works…

Generally, an incoming document is scanned into copier/scanner

Adobe Acrobat converts the document to a PDF file. Save the PDF file to your computer case file, the

same as you would a Word document. Once saved, anyone can access the document from

their own computer, review it, print it or even mark or Bates stamp it.

How does this help me?

Example: Discovery production of documents– Choose client’s medical records saved to your

electronic case management software– Click on that group– Use Adobe to Bates stamp the pages– Print out full set, OR– Copy/write full set to CD, label CD and send to

opposing counsel.

How does this help my attorney?

Attorney can see/read/mark any and all documents at their own computer

Has access to entire client file while away from office– Depositions– Meeting with Experts– Mediation, arbitrations, trials

Can redact documents at trial

Coding Documents

The codes you implement into your program should match the ones you use in your paper files (ex: Correspondence, Photographs, etc.)

The “Description” is where you fully identify the document (date, author, subject, etc.)

Notify

Now, tell your attorney the document is here– Choose their name from the drop-down Staff box– Click on “Notify”– Title the message with enough information so that

they don’t need to open the message unless they want to review the document at that time. (Ex: “1/29/08: McDonnough- wants available dates for mediation.”

What else can I do?

Phone calls and emails– Document incoming and outgoing calls– Notify attorney or staff member that call came in – Save to client’s file

Work product

Make a note about the call, email, or document

Share with attorney/paralegal

Add a new client

Include all relevant information in one spot– Adjuster– Opposing counsel– Insurance information– Statute of limitations– Date of birth, social security number– Court jurisdiction– Co-counsel

See information at a glance

Calendaring

How afraid are you that you might miss a court date or other important event?

Billing

Software- What it can and cannot do

Software is only as good as the people who use it and the information that is put in it.

Consider what YOUR firm’s needs are:– Does your firm bill? Look for software that integrates

with Quickbooks, TABS, etc.– Does your firm do a lot of class action matters? Look

for system with unlimited searchable fields that can be customized and creates reports easily.

– Do you use a lot of forms in your practice? Look for a system with good merge features.

Support

Are you fairly comfortable with using other case management programs?

Do you have a lot of data to transfer into the new system?

Do you need help deciding which hardware to purchase?

Are you a networked firm?

Evaluate your needs FIRST, then call for demonstrations

When sales reps come with their demonstrations, they will give you tons of great information. It will be overwhelming and enticing.

But it can become an expensive failure if you are not very clear on what your firm needs

You may not need all their bells and whistles…or you may need MORE!

Comparing products

The American Bar Association created a comparison chart of case management/time and billing software chart and posted at www.aba.net.org/tech/ltrc/charts.

You and your attorney may want to consider some of the questions mentioned previously and then choose those programs which seem to fit your needs

Then call sales representatives

Transition Time

Once you choose, purchase and install new software, then transition period begins.– Learning new program– Transfer huge amounts of information from old

system to new one– Still keeping up with your workGood software companies anticipate this period and

should be on-site and on-hand to help with this period.

Summary

Whether you organize your files manually or with an electronic case management software system, the system will only be as good as those who are using it.

Consistency, accuracy and patience are keys to successful case management.

Good luck!