2010-08-16 - case management softwarematter/case management software - what they offer and how to...

Matter/Case Management Software - What They Offer and How To Pick

A Program

Barron K. Henley, Esq. [email protected] 614.340.3444 Affinity Consulting Group 1550 Old Henderson Road, Suite S-150 Columbus, OH 43220 © 2019 Affinity Consulting Group, LLC

Matter/Case Management Software - What They Offer and How To Pick A Program

Table of Contents

I. WHAT DOES CASE MANAGEMENT SOFTWARE DO? ..................................................... 1

II. PRACTICE MANAGEMENT v. CASE MANAGEMENT: ...................................................... 1

III. REASONS WHY LAW FIRMS AND LEGAL DEPARTMENTS CONSIDER CMPs .................... 1

IV. WHY OUTLOOK ISN'T CASE MANAGEMENT .................................................................. 3

V. SIMPLIFICATION OF EVERYDAY TASKS BY USING A CMP .............................................. 3

A. Calendaring ............................................................................................................. 3

B. Case Information Tracking ...................................................................................... 4

1. Files in a CMP .............................................................................................. 4

2. Case Information Contained in a CMP File ................................................. 4

3. Benefits ....................................................................................................... 5

a. Determining Case Status ................................................................. 5

b. Matter Specific Questions Quickly Answered Without Locating the Paper File ..................................................... 5

C. Contact Management ............................................................................................. 6

D. Tickler Systems ........................................................................................................ 6

E. Conflict Checking ..................................................................................................... 7

F. Automated Document Generation ......................................................................... 7

G. Time Tracking .......................................................................................................... 7

H. Full Accounting ...................................................................................................... 10

I. Communication Management .............................................................................. 10

J. Knowledge Management ...................................................................................... 10

1. Information, Anyone? ............................................................................... 11

2. Long-term what? ....................................................................................... 11

3. Information, please--but good information ............................................. 11

K. Information Mobility ............................................................................................. 12

VI. THE PLAYERS .............................................................................................................. 12

A. Software Options You Install On Your Computer ................................................. 12

1. Aderant Expert Case ................................................................................. 12

2. LawBase .................................................................................................... 12

3. Legal Edge Law Firm Suite ......................................................................... 12

4. Legal Files .................................................................................................. 12

5. Needles ..................................................................................................... 12

6. Orion ......................................................................................................... 12

7. Perfect Law ............................................................................................... 12

8. Perfect Practice ......................................................................................... 13

9. PracticeMaster .......................................................................................... 13

10. Prevail........................................................................................................ 13

11. ProLaw ...................................................................................................... 13

12. Time Matters ............................................................................................. 13

13. TrialWorks ................................................................................................. 13

B. Web Based Options ............................................................................................... 13

1. ActionStep ................................................................................................. 13

2. AdvologixPM ............................................................................................. 13

3. Clio ............................................................................................................ 13

4. Centerbase ................................................................................................ 13

5. CosmoLex: ................................................................................................. 13

6. MyCase ...................................................................................................... 13

7. Practice Panther ........................................................................................ 13

8. Rocket Matter ........................................................................................... 13

9. ZolaSuite.................................................................................................... 13

VII. CASE MANAGEMENT SOFTWARE TRENDS AND NEW DEVELOPMENTS ....................... 13

A. Online Options Improve ........................................................................................ 13

B. Document & Email Management Functionality Has Improved ............................ 14

C. Client Portals ......................................................................................................... 14

D. Better Links to Outlook/Exchange and/or Google Apps ....................................... 14

E. Links to Collaborative Document Storage ............................................................ 14

VIII. IMPLEMENTATION CONSIDERATIONS ........................................................................ 14

A. Don't Expect a Perfect Fit ..................................................................................... 14

B. Questions To Answer Beforehand ........................................................................ 14

1. What Problems Are You Trying to Address .............................................. 14

2. What Functionality Would You Like to Gain? ........................................... 14

3. Planning to Grow?..................................................................................... 15

4. Reporting Requirements ........................................................................... 15

C. Information You Should Gather Beforehand ........................................................ 15

1. Inventory Other Programs and Devices You Plan to Continue Using ....... 15

2. Inventory Hardware & Network ............................................................... 15

3. Data Import ............................................................................................... 16

4. Practice Information ................................................................................. 16

a. Users in Your Office ...................................................................... 16

b. Case/File Types ............................................................................. 17

c. Party Types .................................................................................... 17

d. Case Information ........................................................................... 17

e. Contact Groups ............................................................................. 17

D. If You're Considering a Switch from One CMP to Another - Write Down Why .... 17

E. Demonstrations .................................................................................................... 18

1. Skilled Demonstrations Are Paramount ................................................... 18

2. Who Should Deliver the Demo ................................................................. 18

a. Why Practical Experience Is Important ......................................... 18

b. Find an Experienced Consultants .................................................. 19

c. Tasks That Should Be Part of the Demonstration ......................... 19

F. Customization ....................................................................................................... 21

G. Should You Do It Yourself? .................................................................................... 21

H. Be Patient .............................................................................................................. 21

I. Establish a Schedule .............................................................................................. 21

J. Training ................................................................................................................. 21

K. Ongoing Maintenance .......................................................................................... 22

Matter/Case Management Software - What They Offer and How To Pick A Program

I. WHAT DOES CASE MANAGEMENT SOFTWARE DO? Case Management programs ("CMPs") bring organization amidst the chaos often experienced in many law firms and legal departments. To appreciate what a CMP can do for you, imagine that all information about your client matters was centrally located, and just a mouse click (or tablet finger stroke) away. Imagine firm wide contact names, addresses and phone numbers, all the calendar items related to a matter on anyone's calendar in your office, all the to-do list items, all the notes of phone calls, theories, meetings, the documents and emails related to the case, and even time, billing, and account receivable information just a tap or click away. To view a document, you don't have to open a separate program and navigate your way to the document. Just click on it in the CMP, and it automatically opens the application and the document. Talking to the client on the phone and need to give them a quick status report? Simply check case notes, timeline and/or status report screen. While you're at it, check the accounts receivable with another click; and make sure you ask when payment will be forthcoming before you hang up. Add a narrative to the phone log and click the "do a time entry" button at the bottom of the dialog. The timer stops, the client ID and matter ID are already selected, your narrative from the phone call log is already entered as the time entry description and the length of the phone call is already documented. With one click of the OK button, a phone call is logged into the client's file and contact card, and a time entry is sent to your billing system.

II. PRACTICE MANAGEMENT v. CASE MANAGEMENT: In the past, there were significant functional and definitional differences between so-called "Practice Management" programs and "Case Management" programs. "Case management" programs focused on front-office functionality such as office-wide calendars, contacts, matter management, docketing, some time keeping, and other automated functions.

"Practice Management" programs did the same thing but added back-office functions like document management, general ledger accounting functions, accounts payable/receivable and the like. However, in the last 10 years, the case management programs have been steadily adding back-office functionality so that almost all of the major players in this area now offer the same core functionality.

Traditional case management programs which lacked native back-office functionality (like full accounting) have addressed the issue by integrating or linking with popular third party programs which perform those functions. For example, Amicus Attorney provides accounting functionality by offering integration with accounting applications like PCLaw, Timeslips, Juris, QuickBooks and many others.

III. REASONS WHY LAW FIRMS AND LEGAL DEPARTMENTS CONSIDER CMPS: Below, we explain many of the tasks a CMP can handle, you'll have lots of reasons why CMPs are popular. However, the over-riding reasons are usually better organization and case

information tracking. This is pretty easily illustrated with an example. Let's say your firm specializes in automobile accident litigation. Below is a list of the basic steps involved in an auto accident case:

A. Client Intake; B. Fee Agreement; C. Conflict Check; D. Calendar Statute of Limitations; E. Obtain Accident Report; F. Send standard letters of representation to defendants and medical providers; G. Obtain Photographs; H. Obtain Witness Statements; I. Obtain Medical Authorizations; J. Obtain/Update Medical Bills/Records; K. Demand Package; L. Draft Complaint; M. File Complaint; N. Draft Interrogatories/Request for Production/Request for Admissions; O. Serve Discovery; P. Answer Discovery; Q. File Initial Witness Disclosure; R. File Pre-Trial Statement; S. Court Status Conference; T. Schedule Witness Depositions; U. Serve Notices/Subpoenas; V. Take Depositions; W. Motion Practice;

1. Motion for Summary Judgment; 2. Motion in Limine; 3. Oral Hearing on Motion;

X. Settlement Conference; Y. File Trial Statement; Z. Expert Witness Depositions; AA. Issue subpoenas for Witnesses; BB. Pay Jury Fee; CC. Draft Jury Instructions; DD. Trial; EE. Post Trial Motions; FF. Appeal; GG. Appellate Briefs; HH. Final Disposition.

So, how do you keep track of all the information and steps listed above if you have 25 cases going on at the same time? What if you have 50 of them? Is Outlook going to help you?

IV. WHY OUTLOOK ISN'T CASE MANAGEMENT: Outlook® is a phenomenal communications tool, but it is NOT Case Management by any means. Outlook is a Personal Information Manager (PIM). According to Wikipedia, "Microsoft Outlook is a personal information manager (emphasis added) from Microsoft, available as a part of the Microsoft Office suite. Although often used mainly as an email application, it also includes a personal calendar, personal task manager, personal contact manager, note taking, journal, and limited web browsing functionality." While Outlook coupled with Microsoft Exchange permits you to share some data, the key element that is missing is the file or matter. Without jumping through several proverbial hoops, so to speak, there is really no way to consistently cross reference events, tasks and contacts with legal files/matters. The obvious problem there is that we in the legal profession work every day in a matter centric environment. Without the file/matter, Outlook's help in managing our files/matters is extremely limited. More on the limitations of Outlook follows.

V. SIMPLIFICATION OF EVERYDAY TASKS BY USING A CMP: Let's look at ten basic, everyday tasks that are simplified with Case Management software.

A. Calendaring: The goals of an effective office-wide calendaring system are ease of use, portability (ability to take it with you), redundancy and security (multiple copies of calendars in the event of a fire or disaster), the ability to see other people's calendars, tracking features (who made any particular entry), error-spotting features, and the ability to make sure that at least one date open for every file (file follow up system). Individuals who attempt to accomplish these goals with paper-based systems often find the process painful or impossible and waste large amounts of time entering, erasing and duplicating entries by hand. As a result, many have partially or completely abandoned paper in favor of PIMs. Most firms already own Outlook or similar applications (some firms rely upon free web based PIM's like Google mail, calendar and contacts, as an example), so moving in this direction is the path of least resistance. While these programs do a fine job of managing a calendar, tasks and phone numbers, they're generic and not designed specifically for a lawyer. For example, Outlook would be as useful to a maitre d', physician, or school teacher as it would to a lawyer because it has no customization which would specifically benefit any of them. Since PIMs do not address the information needs and work flow required by lawyers, they're not exactly a panacea. By contrast, CMPs are designed specifically for lawyers, and meet their Case Management and calendaring needs far better than any generic PIM.

Consider what happens when you create an appointment in a PIM. You may or may not reference a client's name in the details somewhere, but if you ever

wanted to see all events that relate to that one single matter, you would not be able to do that. The same is true for your to-do list (tasks). You can have a task in your calendar, but you cannot link it to other tasks, you cannot have it automatically reschedule according to legal rules. Nor can you have that task automatically draft a document for you while doing a time entry in the background. Good CMPs do all of these things.

So, getting right to the problems it solves, consider how much more information would be right at your fingertips if you could…

• View all incomplete tasks for one matter – no matter whose task it is

• See all appointments for one matter – no matter who the appointment is assigned to

• Easily access a history of every task and appointment (and time entry, and note, and document, and email) past or present, complete or not, in one place on a matter by matter basis.

B. Case Information Tracking:

1. Files in a CMP: As previously mentioned, the most important element of Case Management software is file/case/matter management. It is the feature that all PIM's (personal information managers such as ACT!, Goldmine, Outlook, etc.) are missing. Your law practice revolves around the matters you're working on; and the information you have in your files is seemingly endless. Being able to access all of the information you have about your cases (who is involved, events, tasks, communication, time entries, etc.) immediately is incredibly valuable to your practice. Since Case Management programs are matter-centric, all matter-related information compiles itself in the electronic files. "Files" in a CMP are simply electronic containers of matter-specific information. They run parallel to your paper files and contain the key information you might otherwise have to locate the paper file in order to obtain. This same information is also available to everyone in your firm who works on that file. No more time wasted searching for a paper file that's gone MIA – everything you need should be stored in your CMP. No matter how much you customize your PIM, you will not get matter management.

2. Case Information Contained in a CMP File:

• Administrative information (client name, matter name, responsible lawyer, source, client's type of business, file type, responsible lawyer, who referred the matter to you, etc.)

• File summary (notes) – why is this file in our office?

• Status report - where do we stand?

• Notes related to the file. Forget post it notes. Make an electronic note that never gets lost.

• Events (collectively, tasks and appointments - you can see just yours or everyone's in your firm)

• Time spent (your time spent or all time spent by everyone working on the file - these are copies of the time entries)

• Communications (yours or everyone's) which include income and outgoing phone calls, phone messages and emails

• Documents - links to the documents you've created for that matter

• Chronological List - recorded list of everything that has happened in the file since it was opened

• Research - links to the research compiled for that particular file

• Custom fields for that type of file. For example, if it was a probate file, you would find the date of death, county of domicile, probate court case number, whether the decedent died testate or intestate, the decedent's SSN, etc. You can create an unlimited number of custom fields per type of file.

3. Benefits:

a. Determining Case Status: In view of the foregoing, it's pretty easy to see what has happened and what is pending. If that's not enough, some systems include a built-in report called Last/Next which shows the last thing that was completed and the next thing to be done for every file. Therefore, it becomes unnecessary to maintain a manual "case log" regarding the status of active files because anyone can determine the status of a matter by simply looking at the file in the CMP.

b. Matter Specific Questions Quickly Answered Without Locating the Paper File: If you know the name of the file you're looking for, answering any particular question about the matter is a few clicks away. If you don't know the name of the file, all of that information contained in a file is searchable. Therefore, questions about any

file can be answered in seconds from the CMP matter rather than wasting 15 minutes locating the paper file and calling back the person who asked the question in the first place.

C. Contact Management: Many times, a decision to purchase a CMP is made simply to share a contact list. A very common problem in law firms is the inaccessibility to client communications (phone, mobile phone, email, etc.). The way contact lists are maintained in most law firms is at best, inefficient. Each person typically has his/her own contact list in a PIM, and if anything changes with a particular contact, each person who has that name on their list will at some point have the task of updating the record. Often changes like that are not shared with everyone who needs to know, and someone spends time trying to figure out what someone else already knows. All CMPs have a shared contact list. Because your CMP is also a relational database, contacts only get entered one time, no matter how many matters or people within your firm they are associated with.

Simply put, this means that when someone's address changes, and they are associated with several matters in your law firm, you will only need to update the address one time, and the change is instantaneous for everyone.

A properly maintained contact list will also allow you to do things like print labels for holiday cards (formerly a 3 week project, cut down to about 20 minutes), send a standardized template/letter to all your clients telling them that per your fee agreement, this is their 30 day notice that your rates are going up, or export contacts to a file for the purposes of sending out newsletters or other electronic communications.

D. Tickler Systems: There are two distinct benefits to the reminders in a CMP. The first is that the reminders won't show up until the day you mandate. The second is that they not only remind you of things, they are often able to initiate the task at hand. For example, many CMPs have advanced features that allow you to launch a phone call and/or journal, create a document from a template, run another program (like Excel, QuickBooks, etc.), check the status of a file, send an e-mail or even visit a web page (like the Court Clerk's docketing cite) based upon an entry you have made in your to-do list.

For example, you could set up a reminder to check the status of a matter. That reminder would not only show up on the appropriate day, but when you click the "launch" or "do-it" button in the reminder itself, a properly programmed task will automatically open the appropriate file so you could review it and even start a timer for a time entry if you'd like.

Finally, firm wide reports, such as Statute of Limitations, discovery or other deadline oriented data is easily gleaned across all matters.

E. Conflict Checking: Conflict checking is often handled manually, by searching a billing system (which often only contains current and former client names) or, dare we say, by taxing a senior partner's memory, all of which are wholly inadequate. Without a CMP, you may also have contact lists in multiple applications, as well as in unshared contact lists (such as Outlook contact lists). With this type of system, it is difficult, if not impossible to search across these lists. Because a CMP contains firm wide contacts which should be cross-referenced as parties to matters, a CMP will give you the most robust conflict search..

With a properly implemented CMP (training is the key! Don't forget about that.), you will be able to quickly search every person related to any matter in your firm, including parties, witnesses or experts. The conflict checker will often search notes (some may also search emails, documents and phone notes) fields as well, so if the information is in there, and spelled correctly, you will find it.

F. Automated Document Generation: Most CMPs enable you to execute straight mail merges. In this manner, you can pull information (names, addresses, etc.) out of the CMP and into your documents using standard word processor templates. Furthermore, CMPs typically integrate with document assembly programs like HotDocs1. These give you tremendously more power when generating documents that utilize information stored in your CMP. Time is saved on even the simplest letter and significant time is saved on more complex documents. Additionally, the documents created are consistent – no matter who sends the fax or generates the follow up letter, an aura of professionalism abounds because your documents look consistent and professionally drafted.

G. Time Tracking: Whether you actually bill your time or simply need a means of tracking it, CMPs can help. Many corporate and in-house legal departments are now tracking their time even though they have no intention of billing anyone for it. Doing so enables the lawyers to determine where their time is being spent, and also maintains a complete record of what was actually done by everyone in the office related to a particular matter.

Further, the fact that the traditional case management programs include and/or link to other programs for back office functionality has turned out to be a great benefit because it provides enormous flexibility. For example, assume that Law Firm X has used PCLaw or Timeslips for years and they like it. If that firm decided to implement ProLaw® (Thomson Reuters Elite Case Management program) for Case Management, they'd have to abandon their existing accounting program. That's because ProLaw has its own accounting program (as most of the traditional Case Management programs do), and doesn't link with any other third party accounting programs. However, if Law Firm X decided to implement Time Matters

1 The dominant document assembly program in the legal industry which is owned by LexisNexis.

or Amicus Attorney (two excellent traditional case management programs), they could keep their existing accounting program because both Time Matters and Amicus Attorney have excellent integration with those programs. Moreover, upon initialization of the link, the clients already set up in the accounting program are instantly set up in the linked CMP. So, in this example, the law firm doesn't have to abandon their financial investment in the existing accounting program to buy something they don't need which comes along with ProLaw. Furthermore, their accounting staff doesn't have to be re-trained and their new Case Management program will be instantly populated with the client data that resides in their accounting system.

Cumbersome time-keeping programs which require every time record to be manually entered often cause attorneys with poor typing skills to abandon the idea of entering their own time. As a result, it is often dictated or written down and then given to someone else who enters the time into a billing program. This is a most inefficient way of entering time. Two people have wasted time – the person writing the time could have entered it directly into the CMP, and the person who normally "types" the entries can work on something else. Maybe even something billable! Even more so, writing down time and passing it off to someone else increases the possibility that errors will be made. Handwriting is difficult to read, the "Translator doesn't know what your abbreviations mean. The list goes on. Let me guess - you don't enter your own time because you can't type? That can't be your excuse anymore. CMPs streamline the process of entering time.

As this genre of software has evolved, more CMPs are beginning to introduce billing software. And, cloud based CMPs, such as Clio, Rocket Matter and MyCase include timekeeping, billing and trust account management at the firm and matter level. Some of the newest systems, like Cosmolex, include not only timekeeping, billing and trust account, but also feature a fully functional general ledger.

At the very least, a good CMP will integrate with many popular third party accounting programs. For example, let's say you had an appointment on behalf of a client which was billable. Since the appointment is already linked to a matter, creating a time entry is a simple matter of clicking the timesheet button in the corner of the appointment window. Doing so creates a perfect time entry with no additional data entry (the appointment description is automatically dropped in and the length of the appointment is also recorded).

Figure 1: Amicus Attorney's Calendar

Figure 2: Resulting Time Entry in Amicus Attorney

With the tight integration with billing and accounting programs like PCLaw, Timeslips, Juris and QuickBooks, these time entries can be seamlessly sent over to the billing program. Most CMPs have quick links to do a time entry in about every dialog and most programs can even be set up to either prompt you to create a time entry or automatically create a time entry whenever a task is checked off as done. You can set your preferences so that the CMP automatically enters the time elapsed and pulls the description of the appointment, phone call, task, etc. into the time entry. Users must typically do no more than click an OK button to record the time. This focus on automating time entries means that even non-typists can enter their own time and that more time is typically captured.

H. Full Accounting: Some online CMPs have full accounting built in and some server-based CMPs either contain full accounting or it can be added. By “full accounting,” I mean everything beyond time tracking and billing. This would include the general ledger, accounts payable, accounts receivable, managing your operating and trust accounts, and financial and productivity reporting.

I. Communication Management: One of the most powerful features of a CMP is the ability to manage and store communication records. In most systems, not only can you save copies of your emails and log in phone notes into the appropriate contacts and files, you can one click bill them as well. Consider the number of e-mails you read and respond to in a single day. Now, consider how many of which you actually bill. If you're like most, perhaps not many. You hear the little bell ring and you are immediately intrigued as to what mail you have received. You read it, think about, respond to it, and go back to what you were doing. You never bill the time, even though you should. Conservatively speaking, you probably deal with a minimum of 40 emails per day. If you are failing to bill .10 for half of those emails, you are missing out on 2.0 hours of billable time per day. Consider an attorney who bills at $250.00 per hour. That's $500.00 of lost time per day, 5 days a week. Over the course of a year, that's close to $125,000.00 of lost revenue. WOW!

J. Knowledge Management: Knowledge Management is a phrase that can mean a lot of things. Conceptually, if you have any software that gathers any type of information together and is shared across the law firm, it qualifies as KM software. Even a contact management program that shares names, addresses and telephone numbers can be considered KM software. So, are you ready for a very basic definition of KM in a law firm? Gretta Rusanow, author of Knowledge Management and the Smarter Lawyer defines it as "the leveraging of your firm's collective wisdom by using systems and processes to support and facilitate the identification, capture, dissemination and use of your firm's knowledge to meet your business objectives [mission]." You may be thinking that based on that definition, KM is for large law firms. No. KM is for everyone. Simplified, it is all

about not reinventing the wheel. KM is all about improving client service by not wasting time learning something someone else has already learned, or wasting time looking for something someone else has already found. Whether it be sharing people's names and telephone numbers so I do not have to look things up in the phone book, or cataloging a case I found on West.com so it is available to others in my firm, KM is all about working more efficiently. CMP are a start to KM in a law firm. They allow you to share important client related information with others in your firm.

In addition to client related information, some of these programs have a place to store other information, such as research, firm policies and procedures, memorandums of law, and any other information that could be useful to someone else at a later date. Mr. Justin Szlasa, executive vice president of Hubbard One; says "It's important to identify the roadblocks to knowledge management, and figure out how to get around them." He identified the following common obstacles:

1. Information, Anyone? In my professional experience, attorneys within the same firm are generally terrible at sharing information with one another. There is no incentive to share information, and some penalties for doing so at some firms: attorneys, after all, are paid to know things that others do not. A partner might see another partner as a competitor for the same client.

The effects of this aversion to sharing are widespread, said Mr. Szlasa. Client relationship software might fail--why should an attorney share an exclusive client? Model documents are hoarded.

2. Long-term what? There is little long-term planning in law firms, and the tenure of information officers or client manager officers (CMOs) is notoriously short. Knowledge management assumes and requires a long-term plan, especially as attorneys with decision-making power tend to be close to retirement. Once they leave, if there are no systems in place, their knowledge and business techniques tend to walk out the door with them. And without continuity, any technology or knowledge project will lose its sponsorship, if it is dependent on a sole sponsor.

3. Information, please--but good information: Most law firms are drowning in information, but much of the information may be unreliable or outdated, particularly contact information. The effort to weed the wheat from the chaff takes an enormous effort, absent a consistent knowledge management system, and high-value time is spent on low-level tasks. "It's like maddeningly, constantly fighting small fires," said Mr. Szlasa, rather than working on fire-prevention tools and education.

One of the other roadblocks, based on our experience in law firms around the country, is that people do not know where to start. There is so much information that is kept in people's heads, that getting it all out seems like an overwhelming task. That is where a good CMP comes into play. It is a fantastic place to start, and a great foundation for building upon. As an example, adding Document Management to a properly implemented CMP will allow you to search all client related information, your calendars, all firm contacts, and the content of every document produced in your firm. The remaining obstacle, and the thing that makes searching incomplete, is getting people to take the things that they know, and put them on paper.

K. Information Mobility: Those individuals who have laptops, tablets and smartphones will take all of the foregoing information about all active matters with them everywhere they go. Most traditional CMPs offer mobility features. Practice Master, for example, offers a module called Tabs3Connect which is accessible via any web-browser. Cloud based systems mentioned above are completely browser based and accessible anywhere in the world where you have an internet connection.

VI. THE PLAYERS: There's no way to assemble a comprehensive list because there are too many competitors, but some of the main players for small firms are listed below. The American Bar Association's Legal Technology Resource Center has also put together a comparison chart which you can see here: http://tinyurl.com/yqsnmm.

A. Software Options You Install On Your Computer: The following are options for software you install on your computer rather than access it via the web. Web-based options follow this.

1. Aderant Expert Case - by Aderant - 888.604.2366; http://bit.ly/2ROuPb1

2. LawBase by Synaptec Software, Inc. - 800.569.3377; https://lawbase.com/

3. Legal Edge Law Firm Suite by Legal Edge Software - 610.975.5888; http://www.legaledge.com/

4. Legal Files by Legal Files Software, Inc. - 800.500.0537; https://www.legalfiles.com/

5. Needles by Chesapeake Interlink Ltd. - 410.363.1976; www.needleslaw.com

6. Orion by Orion Law Management Systems – 800.305.5867 https://orionlaw.com/

7. Perfect Law by Perfect Law - 800.749.6200; http://www.perfectlaw.com/

http://bit.ly/2ROuPb1

https://lawbase.com/

http://www.legaledge.com/

https://www.legalfiles.com/

http://www.needleslaw.com/

https://orionlaw.com/

http://www.perfectlaw.com/

8. Perfect Practice - 407.843.8992; https://perfectpractice.com/

9. PracticeMaster by Software Technology, Inc. - 402.423.1440; https://www.tabs3.com/

10. Prevail by Practice Technology, Inc. - 407.228.4400; http://www.prevail.net/

11. ProLaw by Thompson/West - 800.977.6529; http://www.elite.com/prolaw/

12. Time Matters by LexisNexis - 800.328.2898; http://bit.ly/2RQ3566

13. TrialWorks by Lawex - 800.377.5844; https://www.trialworks.com/

B. Web Based Options: These options are all web-based and you pay rent per month, per user.

1. ActionStep: https://www.actionstep.com/us/

2. AdvologixPM: http://www.advologix.com/

3. Clio: https://www.clio.com/

4. Centerbase: http://legal.centerbase.com/

5. CosmoLex: https://www.cosmolex.com/

6. MyCase: www.mycase.com

7. Practice Panther: www.practicepanther.com

8. Rocket Matter: www.rocketmatter.com

9. ZolaSuite: https://zolasuite.com

VII. CASE MANAGEMENT SOFTWARE TRENDS AND NEW DEVELOPMENTS:

A. Online Options Improve: Five years ago, many of the online CMPs were in their infancy. After several years of improvement, those who survive are vastly better than they once were in terms of functionality. New CMP's are springing up constantly as web-based applications. The leaders in the on line CMP market continue to be the ones mentioned above including Clio, Cosmolex, MyCase and RocketMatter. Depending on your firm's size, needs and structure, online CMP systems may be right for you, but you may need more robust functionality only offered by the traditional CMP systems like those mentioned herein above.

https://perfectpractice.com/

https://www.tabs3.com/

http://www.prevail.net/

http://www.elite.com/prolaw/

http://bit.ly/2RQ3566

https://www.trialworks.com/

https://www.actionstep.com/us/

http://www.advologix.com/

https://www.clio.com/

http://legal.centerbase.com/

https://www.cosmolex.com/

http://www.rocketmatter.com/

https://zolasuite.com/

B. Document & Email Management Functionality Has Improved: Many of the big players have upgraded this functionality to make it easier and faster with enhanced search functionality.

C. Client Portals: CMP makers know you would like to share some case information and documents with your clients. Many of the CMPs have therefore added this functionality. For example, here's a description of the new Client Portal Online File-Sharing functionality in the latest version of Cosmolex:

Cosmolex (www.cosmolex.com) now features (included with the monthly subscription) a secure client portal to streamline client communication, securely message clients, share documents and provide easy access to bills. Contacts are notified of shared files by email and can view the files from any Internet‐connected computer, smartphone or tablet.

D. Better Links to Outlook/Exchange and/or Google Apps: Almost every CMP offers some kind of link to Outlook and fewer to Google Apps. Generally, the links allow you to link the email, calendar, contacts and tasks in Outlook/Exchange or Google Apps to the corresponding features of the CMP. Of course, Outlook/Exchange and Google Apps can be synced to smartphones and tablets so if you want to access your case information from those devices, this functionality is important.

E. Links to Collaborative Document Storage: Both desktop and online CMP's have built links to the ubiquitous file-sharing services such as Dropbox, Box, One Drive and Google Docs

VIII. IMPLEMENTATION CONSIDERATIONS:

A. Don't Expect a Perfect Fit: As you can see above, there are a lot of choices here. The sales department of each manufacturer will likely tell you that their program is the best one out there. The reality is that it's extraordinarily unlikely that any program will do everything you want exactly the way you want. All of the major players can be customized significantly and it's likely that you can get a program to do about ninety to ninety five percent of what you want, the way you want. In spite of that, it's still worth pursuing and the benefits of a properly implemented CMP are enormous.

B. Questions To Answer Beforehand:

1. What Problems Are You Trying to Address: If you're considering a CMP, then you probably already have a list of issues that you'd like to take care of. Write them down.

2. What Functionality Would You Like to Gain? Read through the list of functions that CMPs provide herein above and write down the features

http://www.cosmolex.com/

you would like to take advantage of. Sometimes reading about what you could have helps you determine what you need.

3. Planning to Grow? If you plan on adding more employees or partners, you need a system that can grow with you.

4. Reporting Requirements: One of the big advantages CMPs give you is the ability to run reports about your practice. For example, if you're in litigation, it would be nice to see a report of all upcoming statutes of limitation. If you're a probate attorney, you might want to see a list of all upcoming due dates for all probate matters (dates that things need to be filed like inventory & appraisals, fiduciary accountings, estate tax returns, etc.). So think about this in advance and make a list of reports you absolutely need and any that would be otherwise useful. Also include in your list the pieces of information you want in each report.

C. Information You Should Gather Beforehand:

1. Inventory Other Programs and Devices You Plan to Continue Using: For example, you want your new CMP to work with what you already own, so write down all of the names, versions/editions of existing software or devices. Very importantly, you need to identify:

• Word processor(s)

• Email application

• Accounting program(s)

• Document assembly software (if any)

• Document management applications (if any)

• Scanning software (Adobe Acrobat, PaperPort, etc.)

• Smartphones you would like to synchronize with the system

2. Inventory Hardware & Network: Here are some other pieces of information you'll need:

• Network Type: Do you have a server-based network (Windows or Apple, a peer-to-peer network (where individual user computers are connected so you can share files or Internet access, but there is no true server), a multi-office environment with a cloud-based server or a multi-office environment without a server;

• Log-ins and Passwords: Traditional CMP software will need to be installed on your server (if you have one) and all connected computers. Therefore, the person who handles the installation will need to know the login and password for each computer (including the server). Cloud based systems don't typically require any local installation, but robust internet functionality is key to success with these systems;

• Desktop/Notebook Computer Specs: Age, specs and operating system for every computer in your office. If you have a Windows computer and would like to know its specific configuration, you can use free applications like www.lookinmypc.com or www.belarc.com/programs/advisor.exe to produce a configuration report.

• Wired or Wireless: Is your network wired, wireless or both. If you're using both, how is the wireless connection being used?

• Antivirus: What brand and version of antivirus software are you running?

• Remote Access: If you have more than one office or want to work from more than one location (say home and office), what type of connection exists between the two places? How to you gain remote access? For example, are you using a VPN, terminal services, Citrix, gotomypc, etc.?

• Exchange: Do you have access to Microsoft Exchange, now called Office 365? Exchange could be running on your server or you could be renting it from Microsoft or other authorized providers in the "cloud". Back Up: You'll need details about how your backup system works (tape, hard drive, Internet, type of backup software being used, etc.).

3. Data Import: You never want to start out with an empty CMP if you already have case information entered into another program. For example, you might have all your current clients in Timeslips (a billing program) and your electronic rolodex is in Outlook. You would want all of your cases and contacts imported into the CMP you're considering so you can hit the ground running. You want to make sure that anyone you work with on a CMP implementation is aware of these facts well in advance.

4. Practice Information: The following information will be relevant for customizing a CMP for your practice. You can save yourself some time by compiling this information now.

a. Users in Your Office: How many lawyers, paralegals, legal secretaries/assistants, law clerks and other support staff do you

have? Are they located in one physical office or are they spread across multiple offices? Do you have anyone who works from home?

b. Case/File Types: Types of cases you handle - for example, Estate Planning, Real Estate, Probate, etc. It's fine to have a "miscellaneous" option as well.

c. Party Types: Parties are people or entities involved in a case and they're specific to the type of case. For example, in a probate matter, I have decedent, fiduciary(ies), Judge, heirs/beneficiaries, and the like. If it were an entity formation (say a new corporation), then I might have shareholders, directors, officers, and an incorporator. In a litigation matter, I might have opposing counsel, plaintiff, defendant, witnesses, insurance agent, judge, etc.

d. Case Information: For each type of case, compile a short list of information that you need quick access to. For example, in a Probate matter, you might want to know 1) date of death, 2) social security number of the decedent, 3) testate or intestate, 4) county of domicile, 5) probate court case number, 6) fiduciary's name and contact information, etc.

e. Contact Groups: A "contact" is any person or entity that you deal with. If you were to go through your rolodex of contacts (names, numbers and addresses), what groups would you use to classify those contacts? Of course, many of the group designations may apply to a single contact. For example, you might have clients, judges, lawyers, friends, co-workers, etc.

D. If You're Considering a Switch from One CMP to Another - Write Down Why: If you already have a CMP and are unhappy with it, you should consider writing down the specific reasons you're unhappy. My recommendation would be to take those reasons back to the manufacturer of the program you're unhappy with or better yet, a consultant who specializes in that program. Let an expert tell you if the problems you're experiencing are baked into the software or are arising from external factors. In most cases, dissatisfaction with software applications (any kind of software) is largely a result of inadequate training, customization or configuration. All those things are fixable without abandoning your investment in the software you already own.

Furthermore, heed the "Don't Expect a Perfect Fit" warning above. If there are 10 things you don't like about the software you're using now and you switch to something else, you're likely to find 10 new things you don't like with the new program.

E. Demonstrations:

1. Skilled Demonstrations Are Paramount: The best way to determine which one of the candidates is best for your firm is to evaluate them based upon a live demonstration which has been customized for your firm. Demonstration CDs are a good idea in theory, but if you don't know what you're looking for, you're not going to find it. Skillfully using any Case Management program requires training and demo CDs aren't going to give you that. A PowerPoint presentation is not a demo, so don't settle for that either.

2. Who Should Deliver the Demo: Whoever delivers the demo should be someone who uses the program every day and has a thorough understanding of how the program can be customized and the installation issue particular to your firm. The problem is that many of the manufacturers don't actually handle the installation, customization, integration and training. They simply sell the software and rely on outside consultants to handle the on-site components of executing the project. As a result, they lack practical experience and knowledge. Here are some examples of why that's important.

a. Why Practical Experience Is Important: In my professional experience, manufacturers of CMPs tend to develop their programs in a laboratory environment. In other words, they only know how their program works on their particular network and with the particular array of programs they have installed on their network. Your office is never similar to the manufacturer's laboratory environment. As a result, the manufacturer reps usually don't ask all of the questions necessary to identify what issues may arise in your particular situation.

For example, each of the following would likely raise one or more issues with the CMP you decide to implement: 1) what anti-virus program do you use; 2) what kind of network do you have (Windows, Novell, Unix, etc.); 3) what accounting program and version do you intend to integrate with; 4) what kind of smartphones do you want to synchronize; 5) what is the configuration of the server and attached computers you intend to use2; 6) what desktop operating systems are in use in your office (Windows XP, Vista, 7 etc.); 7) what kind of hub or switch is

2 The "minimum hardware specifications" that manufacturers publish are almost always much less than what you

would want. If the system operates with sloth-like speed and/or locks up frequently, then no one in your office will want to use it.

connecting your network; 8) is your network wired, wireless or a combination of both; 9) do you have laptop users who will routinely need to operate off-line or while they're out of the office; 10) are you using a remote connection tool like Citrix or Terminal Services; 11) what word processor are you using and what version; 12) do you need to import data into your CMP from Outlook or some other program; 13) what email program are you using; 14) how is your system being backed up, etc. There are many more questions to be asked, but the point is that the answers to all of them will have an impact on how your CMP is implemented and used on a daily basis. As such, those answers need to be factored into your demonstration. For example, let's say that you use Google's Gmail for email. During the CMP demonstration, you are shown how the CMP program you're considering can integrate with email programs, how the email can be automatically attached to the relevant matter, how email can be one-click billed to your accounting program and the like. Then during installation, the firm installing it discovers you're using Gmail and sadly informs you that their CMP doesn't integrate with any type of webmail account and that you'll have to buy Outlook for everyone in your office in order to gain that functionality. You end up with unexpected delays and expense, both of which could have been avoided with the right questions up front. If you have three or four of those types of issues arise during your implementation, you can end up spending a lot more money and time than you anticipated.

b. Find an Experienced Consultants: In view of the foregoing, experienced consultants are going to be able to give you the most relevant demonstration of any particular CMP. If you don't know where to find an experienced consultant, ask the manufacturer directly. They know or should know who is making happy clients for them.

c. Tasks That Should Be Part of the Demonstration: There are certain things you really need to see in order to properly evaluate any particular CMP. I'd recommend at least seeing the following:

i. Calendaring and Task Lists: Ask to see how an appointment is set up and how it gets linked to a particular matter and/or contact. Related to that, how does the program notify you of a pending appointment? What are the options for setting reminders? How is a file set for follow up? How is a new task established in your to-do list?

ii. Contacts: The CMP should be able to maintain an electronic rolodex comprised of clients and any other humans or entities that you deal with. How is a new contact set up within the program (ask them to show you)? What information is stored there?

iii. Matters: CMPs are all matter-centric and have the concept of a matter or case. You need to see how a new matter is set up. How is the information in that matter shared with the corresponding matter in your accounting program? How do you link contacts with a matter?

iv. Document Assembly: How is the contact and case information held in the CMP accessed from within your word processor? If I want to automate my fax cover sheet, for example, how is that done? Ask to see a demonstration of generating a document which utilizes information in the CMP.

v. Reports: Consider beforehand what kind of reports you'd like from a system that manages all of your active matters and ask the individual demonstrating the program to show you how to generate them. Can you make custom reports? What other reports do most firms in your practice area utilize?

vi. Time Entries and Billable Events: Most CMPs are tremendously effective at helping you capture billable events and get them into your accounting system. Ask to see how one would bill an appointment directly from the calendar, a phone call, an email, a to-do that you've finished. How do you enter a billable hour entry, a flat fee entry, a no-charge entry?

vii. Sharing Data Generally: CMPs are collaborative tools. You need to see and understand how the one you're considering shares information with others in your firm. That includes a lot more than matter-specific information. For example, how can you see someone else's calendar? Can you see a new contact, for example, immediately after someone else enters it? Can you maintain private information in the CMP without worrying that someone else might see it? How do you know if someone else in your office already took care of a particular task for an active matter?

Mobility: Does the system have mobility features and if so what are they? How is mobility accessed – via a website? An APP (and if so do they have APPS for your devices, i.e. Apple iOS, Android and/or Windows Mobile). What features are available through the mobility functions?

F. Customization: Most people initially believe that customization is one of the most important features of a CMP. Of course, the program must be customized to your practice and the irrelevant pre-customizations that may come with the program out of the box need to be deleted. In other words, if you do not handle real estate matters at all, then you don't want "Real Estate Transaction" as a file type although it may have been included with the initial installation. Where some firms go overboard is with "custom fields." For example, if I handle estate planning, I may be able to set up additional data fields within an estate planning file where I could enter hundreds of pieces of information about each client. The reality is that this is massive overkill, and most firms end up never entering anything into all of those little fields they set up; and those who actually do enter data in all of those fields end up with an enormous, unwieldy database. Custom fields should be used for information you frequently have to look up; answers to questions which often require you to locate the physical file in order to answer. Do you need a custom field in order to look up who a client chose as their second successor co-agent in their financial power of attorney? Probably not. Therefore, those kinds of things are a bad use of custom fields.

G. Should You Do It Yourself? CMP programs are complex and you can read every single page of the end-user's manual that comes with the program and still only know 25% of what you need to know in order to successfully install, customize and integrate the CMP. If it were easy, everyone would have one. Don't be misled into thinking that installing a CMP is akin to installing Microsoft Office. If installing Microsoft Office is analogous to installing a small air-conditioner in your bedroom window; then installing a CMP is analogous to installing a new central air conditioning system in your whole house, including all new duct work.

H. Be Patient: A successful roll-out takes time. Don't rush it. If implementation needs to be rushed due to some external factors, you're probably better off waiting.

I. Establish a Schedule: If you're retaining a firm to handle your installation, integration, data import and training, ask for a specific schedule for when each item is to occur. If the consultant can't give you any ideas, then they probably don't have enough experience to be in charge of your project.

J. Training: The training should be a significant portion of the budget. If you don't want to spend the money on training, then you need to abandon the idea of setting up a CMP because you're wasting your money. I believe that the training

must be hands-on (everyone has a computer to follow along on) and don't be surprised if it takes 6 to 8 hours for each person to get up to speed and then you should budget for continuous and on-going training

K. Ongoing Maintenance: All CMPs offer some period of free technical support with their program which may or may not be that useful. More and more of them are requiring that you sign a "maintenance contract" which typically gets you technical support and all upgrades during the maintenance period. Therefore, you need to take those maintenance costs into consideration when doing projections for total cost over a period of years. Find out the details about the included tech support and also what your consultant offers. Since the firm that set up your system already knows all of the particulars, how you're configured and what other programs you've integrated, an issue that takes an hour to resolve with the free tech support may take only 5 minutes with the consultant. Therefore, it may be worth your time to pay for fast and efficient tech support from a consultant even though you have also paid for a "maintenance" contract with the software manufacturer.

Barron K. Henley, Esq. Affinity Consulting Group LLC Columbus, OH 43220 Ph 614.340.3444 Fax 614.340.3443 www.affinityconsulting.com [email protected]