Information Resources for Solo Practitioners & Small Law Firms

Document Management | Knowledge Management | Document Preservation and the "Paperless Office" | Digital Signatures and Electronic Signing | File and Folder Management

Document Management

See chapter 17 of Sharon D. Nelson, John W., Simek & Michael C. Maschke, The 2014 Solo and Small Firm Legal Technology Guide (ABA Law Practice Division).  "The main purpose of a document management system is to organize information into a usable and searchable form.  How many times have you looked for a file or document but couldn't remember the name or location?  A document management system allows for fast and easy access to the data, whether in paper or electronic form.  It also provides access control and enforceability of rules."  p. 141

"Case management systems are also used to provide a certain level of document management. . . . A key point to remember about true document management applications is their stringent enforcement of the classification rules.  The user must use the system within the configured rules . . . . In contrast, applications that are not specifically document management software aren't restrictive or mandatory.  The danger is that data may be lost or misfiled when rules are not stringently enforced."  p. 144

Issues with SaaS (cloud) systems include making sure transmittal is encrypted and that you retain a local host copy so your data isn't held hostage.

Worldox

• integrates with MS Office, Outlook and case management
• hosted and SaaS versions
• mobile edition
• legal hold feature
• can create restricted-access security groups
• audit trail of file changes
• Mac version
• link to video

NetDocuments

• matter-centric workspaces
• email management
• collaboration
• mobile access
• link to video

DocuShare

• DocuShare Express for small to mid-sized firms
• integrates with Xerox copier

WorkSite

• An HP company
• Expensive but highly regarded

SharePoint

• MS solution for collboration and document management
• Guide believe it is too expensive for solo and small firms (see p. 162)

Knowledge Management

CitePin

• Good for retaining the documents and forms used over and over again in the practice of law
• Targeting the indvidual attorney-ransferable between law firms
• Capacity to share with other attorneys
• Not a client document management tool

Evernote

• "collect all kinds of information and access them anywhere"
• tagging for fast access
• OCR
• see review in Paperless in One Hour for Lawyers, p. 86

Document Preservation and the Paperless Office

• There are some things that have to stay in paper.  See Supreme Court of Missouri, Formal Opinion 127:  Scanning Client Files.  (Official Version)

An attorney may destroy most, but not necessarily all, of the paper file, if the file is stored electronically. Items of intrinsic value may not be destroyed. Originals that may have legal significance, as originals, during the representation may not be destroyed. We encourage firms to offer the paper file to the client prior to destruction.

• Missouri Supreme Court Rule 4-1.22 (6 -to-10 year file retention rule)

• Guidlines for Development of a File Retention and Destruction Policy for Missouri Law Firms (includes sample plan)

• http://www.paperlesschase.com/ (have to register, but information is concise and very helpful)
  • includes sample engagement letter).  You should question whether client can wave his or her right to have paper files destroyed per the sample engagement letter in light of the above Supreme Court of Missouri, Formal Opinion 127.  Also consider Missouri Supreme Court Rule 4-1.22 (6-to-10 year retention requirement).
    • As exceptions to ten year rule, think about:
      • wills and trusts
      • promisory notes and negotiable instruments
      • deeds
      • what else?
  • recommends Fujitsu ScanSnap iX500.
• It's paper LESS NOT paperless
• David J. Bilinsky, Chapter 30, Taking Your Firm Paperless, in Sharon D. Nelson, John W., Simek & Michael C. Maschke, The 2017 Solo and Small Firm Legal Technology Guide (ABA Law Practice Division).
• Sheila M. Blackford and Donna S.M. Neff, Paperless in One Hour for Lawyers (ABA Law Practice Division 2014) (link to online catalog).
• Ernie "The Attorney" Svenson  Update: Paperless Lawyering (With David Sparks).  Great overview of the approach to technology and issues it raises.
• MacSparky - Mac-based approach to paperless and legal technology.

Digital Signatures and Electronic Signing

• Barraduca Sign Now
• How to Create a Signature for Signing MS Word Documents
• Using Gimp to Create Over-the-Line Signatures for PDFs
• Adobe Echosign - prepares and sends documents for multiple signatures
• DocuSign - similar service to Echosign

File and Folder Management

Plain Folders and Directories

• inexpensive
• use as small firm
• naming convetions are critical
• basic structure: client name, matter description, document versions, creation date
• use silmilar structure with email
• Video: Naming Client Directories

Click image to enlarge and see additional information.

Alternative scheme using metadata

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Video: Metadata, Directories and MS Office

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How a File Name Changes by Reviewer

Source: Sheila M. Blackford & Donna S.M. Neff, Paperless in One Hour for Lawyers (ABA Practice Division 2014) Appendix Table A.2