If Edison had a needle to find in a haystack,he would proceed at once with thediligence of the bee to examine strawafter straw until he found the object ofhis search . . . I was a sorry witness of suchdoings, knowing that a little theory andcalculation would have saved him ninetyper cent of his labor.

—Nikola Tesla (1857–1943), New York Times, October 19, 1931

L E A R N I N G O B J E C T I V E SAfter studying this chapter you should be able to:

1. Understand the function of a database and define the terms usedto identify the components.

2. Discuss how databases may be used by the legal team.3. Find online and program resources for learning how to use the

program and its features.4. Explain how to plan and set up a database.5. Know what you can do and should do to help protect your data and

your computer.

ElectronicDatabases

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O P E N I N G S C E N A R I OBefore taking the position with Owen Mason, Ethan had worked for a solepractitioner who had been practicing for thirty years who had finally hired anew associate. The attorney had maintained a set of 3-by-5 cards for eachclient with all the personal information about the client,a set of cards for eachopposing counsel and those attorneys’ clients, and copies with the name ofthe opposing party that could be checked for conflicts of interest.A separatefile was kept by Ethan, with the important dates for each case that could bepulled out daily and the related file recovered from the file room and put onthe attorney’s desk.The system was increasingly difficult to maintain accurately.Unable to find a card that had been accidentally removed and not replaced,Ethan had made an appointment for one of the new associates in the officefor an individual who was suing a current client.The associate,after asking Ethanif there was any conflict and being assured the name was not in the 3-by-5card file, accepted the case, reviewed all the documents in the case, and re-ceived a substantial retainer.With a conflict between the clients and the infor-mation obtained from each it was almost a certainty that they would probablynot be able to continue to represent either client.

INTRODUCTION TO ELECTRONIC DATABASESA database program is a repository of information of all types that can be sorted andpresented in a desired, meaningful manner. Some offices use a manual card system tokeep track of the names of clients and opposing parties. These cards are searched todetermine possible conflicts of interest in representing new clients. For the small office,this system works. But for the larger office with multiple attorneys and possiblymultiple offices, timely entry and searching of large amounts of information is notrealistic. Computerized database software, such as Microsoft Access and Corel DB, willfacilitate timely, accurate access to information by every authorized member of the legalteam. For example, information may be stored on the law firm’s server in an informa-tion database that includes the names, addresses, contact information, personal datasuch as birth dates of every client, every opposing party, every fact witness and expertwitness, and every opposing counsel with whom any member of the firm has everhad contact in litigation, contract negotiations, or counseling sessions, or met in anybusiness or legal setting. With a few keystrokes, a list can be prepared for manuallychecking for conflicts of interest or a computer search can be performed with a printoutof any matter or litigation where a name appears.

In addition to the obvious use in avoiding accepting a client with a potential conflictof interest, the information frequently is used in maintaining client relations. Many firmsuse the information to send birthday and anniversary greetings and updates on specificchanges in the law for which the client has consulted the firm previously.

THE REALITY OF USING DATABASESThe reality is that legal team members, lawyers, paralegals, and legal assistants rarelycreate their own databases. In some cases, a simple database of a single table might beused to sort or organize some information, such as the client list or conflict list.

So why do we care about learning about databases? While members of the legalteam may not actually create their own databases, they do use them all the time.Virtually every law office specialty application program for managing the office, cases,or documents in litigation is a database. Software vendors have created applications for

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FormAn alternative way of viewingand presenting theinformation in a database.

TableData that is organized in aformat of horizontal rows andvertical columns.

FieldInformation located in verticalcolumns.

This entire group of records represents theSalesDeptContactInfo table

All the information for DouglasSeaver represents one record

The category First Nameis a field

Exhibit 7.1 Names of parts of an electronic database (in Table Layout View).

the legal community. They have custom designed the Form Views for input of infor-mation, query forms for generating the desired reports, and set up the search andpresentation algorithms (formulas for searching). When special applications arerequired, many of the software vendors will create custom tables and report genera-tors, such as one for a particular area of practice, like estates.

Knowing what a database is and the associated terminology makes working withthe software developer, in-house IT professional, or outside consultant easier and moreproductive in obtaining what is needed, wanted, and possible, Knowing how a data-base works and is organized makes using the applications software based on databasedesigns easier to use and work with.

NAVIGATING ELECTRONIC DATABASESElectronic databases use standard terminology to describe parts of the database: table,field, cell, and record, as shown in Exhibit 7.1. Databases are collections of tables. Tablescontain fields of information (data); a field is one type of information, like last names. Arecord is all the information about one item or person; for example, Exhibit 7.1 shows arecord of information for each employee. Note that the number 6 appears in the Recordwindow at the bottom of the screen, indicating that the cursor is positioned to enterthe sixth record. Think of the database as being a file cabinet; a table being a file drawerfor a specific set of information like employees; the record being individual files foreach employee; and the field being individual pieces of information about theemployee.

The table layout shown in Exhibit 7.1 is one way of showing the basic elements ofa database—the fields, records, and cells. The same elements may appear in a differentlayout, such as the Design View in Access shown in Exhibit 7.2.

In the Design View, the fields listed in a columnar or vertical fashion are the samefields as in Table Layout View, just a different way of looking at it. The Design Viewalso permits more information to be supplied in designing the database. Thisincludes how many characters should be allowed for the fields, called field size orstring length, and what kind of information or data will be entered, text or amounts.Text may include numbers used not in a mathematical way but as part of text data,like an address.

RecordIn a database, the informationin a horizontal row.

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Exhibit 7.2 Access screen in Create Table in Design View.

TablesDatabases can and frequently do contain two or more tables. For example, a databaseused in a legal office may have one table for employees of the firm, another for clientsof the firm, a third for opposing attorneys, and a fourth for the opposing parties in casesthe firm has handled.

ReportsReports present the data from the database in an organized presentation. A report maypresent just the information from one table, such as employee birthdays. Frequently, areport shows the outcome of searching multiple tables and displaying the relationshipsbetween the information and data from the different tables, such as a report of theemployees that have ever worked for an opposing counsel in a case against a client.

ELECTRONIC DATABASE BASICSA database is just a collection of information. It may be names. Or it may be anexpanded list of names with other information like addresses, dates of birth, occupa-tion, children’s names, or any other combination of information. In precomputer days,databases frequently were a box or boxes of cards with the information about a clientor important dates. These were the heart of the conflict of interest or deadline data-bases. The dates database was checked daily and a list made up for the legal team ofsuch things as deadlines, statutes of limitations, and appointments. Conflicts of interestwere also checked in the same way, a search of the cards maintained in the boxes inalphabetical order. In some offices a card was prepared for all opposing parties. Eachof these “decks of cards” was a database.

The electronic database is nothing more than a version of the cards in the boxes—except that more information can be checked more quickly, more accurately, andautomatically. No more misfiled cards out of alphabetical order. It is essentially anelectronic card with information that can be searched using a set of things to look forand present in a predefined manner.

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Exhibit 7.3 shows a template for input of information into a contacts managementdatabase for one record, for Mike Danseglio. The contact information record for MikeDanseglio is one of any number of records in the contacts table in the database. Anyfield in the record can be searched and a report generated in one of the predefinedreports, as shown in the View Reports options in Exhibit 7.4. The final report is shownin Exhibit 7.5.

Exhibit 7.3 Contact management data input form in Microsoft Access.

Exhibit 7.4 View Reports option.

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One of the advantages of the modern database is the ability to search across anumber of different sets of information and sort the data according to a predefinedset of criteria. Some have likened the World Wide Web to a big database that can besearched using a search engine.

RESOURCES FOR LEARNING DATABASE BASICS

Step-by-step tutorials for learning to create and use databases are provided on theMicrosoft tutorial website. See Exhibit 7.6 for a list of tutorials that can be used to learnMicrosoft’s Access database program.

SETTING UP A DATABASEA database at its most basic is a set of records that contain fields of information. Forexample, in the card in Exhibit 7.7, all of the information on one card is a record. Theindividual pieces of information, like the last name and the first name, are called fields.There are different views of the same information in Access. The same information isshown in the Datasheet View in Exhibit 7.8 and partially completed for comparisonpurposes in the Design View in Exhibit 7.9. Both views contain the same basic field in-formation (taken in part from the information shown in Exhibit 7.4). They are just dif-ferent options for looking at the same basic information for a database. The Design Viewalso provides an opportunity for customization of the database in the same Page View.

Access 2007 makes the setup of a database relatively simple with the use of Fieldtemplates, Create tab, Tables group option, as shown in Exhibit 7.10. In the exhibit adatabase for Contacts is partially completed and a new field will be added from theFields Template–Business Phone. The Fields template provides a list of frequently usedfield items in a number of categories. Creating a new database is possible by selectionexclusively from the list to set up the desired fields.

Exhibit 7.5 Contact management database screen showing predefined reports in theView Reports screen and the resulting database report of selected information aboutcontacts in alphabetical order.

WWW MINI EXERCISEFor complete listing of availabletutorials and the Access 2003Overview, go to http://office.microsoft.com/en-us/training/CR061829401033.aspx andhttp://office.microsoft.com/training/training.aspx?AssetID�RC061181381033 For theAccess 2007 Overview, go tohttp://office.microsoft.com/training/training.aspx?AssetID�RC101933201033

Exhibit 7.6 Overview and list of tutorials for Microsoft’s Access database program.

Exhibit 7.7 A Record: All fields are filled in. 157

Records

Fields

Exhibit 7.8 Datasheet View in Access 2003.

Exhibit 7.9 Design View in Access 2003. In a simple layout of a database, the fields are the columns and the rowsare the records.

Exhibit 7.10 Create tab—Tables group option.

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CREAT ING A DATABASE FROM EXTERNAL DATA

A database in Access 20007 can also be created using a previously created spreadsheet.For example, Exhibit 7.11 shows a database created using the External Data tab, Importgroup functions with an Excel spreadsheet as the source, in this case the InvestmentLedger from Chapter 6 with the title information removed, as shown in Exhibit 7.12.

By removing the extra information in the first few rows of the spreadsheet, the toprow of the spreadsheet can be set up automatically as the database Fields whenimported into Access. Further entries of records for each investment can be made usingthe field headings shown at the top of the access database.

Each record from the database can be viewed in the Form View; for example,record 1, Stocks: 800 common shares, as shown in Exhibit 7.13.

THE USE OF DATABASES IN THE LAW OFFICEThe modern computer database is a very powerful tool, capable of performing complexsearches and calculations. Fortunately, most of the functions for which a databaseis used are performed by the applications programs used in most law offices. Casemanagement, client contacts, and billing and litigation management programs arebasically databases. They are designed with input forms and preset reports that searchthe fields of data records to prepare predefined reports.

It is sometimes necessary to create a database for a customized application for whichthere is no readily available program. Regardless of the ultimate complexity of the database,its creation starts with knowing what data needs to be manipulated and deciding on the

Exhibit 7.11 Access database in Design Sheet View created using external data, an Excel spreadsheet.

Exhibit 7.13 Record #1 from the Investment Ledger database.

Exhibit 7.12 Excel spreadsheet imported as the external source of data.

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fields (the individual items of data, like last name and zip code) and the total collection offields of a single type (like a record that contains all of the personal information—fields—of one person). Then a search can be made of any combination of fields that can be reportedin any form, showing particular fields of information like last names, zip codes, dates ofbirth, or any other field from a record or sets of records that meet the search criteria.

From the legal team perspective, the actual design of the database is usually doneby the IT staff or an outside database consultant. What the legal team must identify iswhat they need the database to show. When the IT person speaks in “database talk,” itwill be necessary for everyone concerned to know the difference between a record,a field, and a report.

SPECIAL FEATURES OF ELECTRONICDATABASE PROGRAMSSECURITY

It is obvious that a database in a law office contains confidential information, like thelist of clients, and may contain potentially privileged information, like the reason theclient is consulting the law firm. Protecting this information becomes an ethicalobligation. The question that must be considered is how to balance the need for accesswith the need to restrict access to those with a need to have the information.

Microsoft Access provides options for password and permissions level setup thatcan be used to restrict access (see Exhibit 7.14).

Exhibit 7.14 Security password setup in Microsoft Access.

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Password and security options are found on most programs used in the legalcommunity. Typically offices use specialty applications programs that are themselvesdatabase programs with input and report features. Where the data are of the sameconfidential or privileged nature, they should have a secure procedure for limitingaccess to those who need access to the particular functions or information.

SUMMARY

INTRODUCTION TO

ELECTRONIC DATABASES

A database program is a repository of information of alltypes that can be sorted and presented in a desired,meaningful manner.

THE REALITY OF USING

DATABASES

The reality is that legal team members, lawyers,paralegals, and legal assistants rarely create their owndatabases.Software vendors have created applications for the legalcommunity with custom designed views for input ofinformation, query forms for generating the desiredreports, and set up the search and presentationformulas for searching for data. Knowing what adatabase is and the associated terminology makesworking with the software developer, in-house ITprofessional, or outside consultant easier and moreproductive in obtaining what is needed, wanted, andpossible.

NAVIGATING ELECTRONIC

DATABASES

Electronic databases use standard terminology todescribe parts of the database: table, field, cell, andrecord.Databases are collections of tables. Tables contain fieldsof information (data) (called a column in aspreadsheet); a field is one type of information, like lastnames; a record is all the information about one item orperson (called a row in a spreadsheet); the intersectionof a row and a column in a spreadsheet is a cell, in thedatabase it is one field in a record.

Tables Databases can and frequently do contain two ormore tables.

Reports Reports present the data from the database in anorganized presentation.

ELECTRONIC DATABASE

BASICS

A database is a collection of information, essentially anelectronic card with information that can be searchedusing a set of things to look for and present in apredefined manner.An advantage of the database is the ability to searchacross a number of different sets of information andsort the data according to a predefined set of criteria.

Resources for LearningDatabase Basics

Step-by-step tutorials for learning to create and usedatabases are provided on the Microsoft tutorial.

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FieldFormRecordTable

SETTING UP A DATABASE A database at its most basic is a set of records thatcontain fields of information. The individual pieces ofinformation, like the last name and the first name, arecalled fields.

Creating a Database fromExternal Data

A database in Access 2007 can also be created usinga previously created spreadsheet.

THE USE OF DATABASES IN

THE LAW OFFICE

The modern computer database is a very powerful tool,capable of performing complex searches andcalculations.Creation starts with knowing what data needs to bemanipulated and deciding on the fields and the totalcollection of fields of a single type.

SPECIAL FEATURES OF

ELECTRONIC DATABASE

PROGRAMS

It is obvious that a database in a law office containsconfidential information that ethically must beprotected.

Security Microsoft Access provides options for passwordand permissions level setup that can be used torestrict access.

KEY TERMINOLOGY

CONCEPT REV IEW QUEST IONS AND EXERC ISES1. What security features are available in Access?

2. What steps may be taken to locate and use the resources for learning howto use the Access database program?

3. Explain the function of a database and define the terms used to identifythe components.

4. Discuss how databases may be used by the legal team.

5. Explain how to plan and set up a database.

6. Explain what you can do to help protect your database and the reasonsfor doing so.

7. A database of information can be used in many ways by the legal team.Prepare a list of reports that could be prepared using a database.

8. How can a database be used to prevent a conflict of interest?

9. How can a properly maintained database be used for marketing the firm’sservices?

10. In a law office that has a network, everyone may have access to all theinformation on the network. If the firm’s database is on the network, what,

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if anything, should be done to limit access? What levels of access should beset up and why?

11. Prepare a database of family and friends including important dates likebirthdays and anniversaries. Sort the list by date.

INTERNET EXERC ISES1. Complete the Microsoft Office “Hands-On Training for Access 2003–Forms

I: Create a form to enter and view your data.”

2. Prepare a list of online tutorial topics for learning and using the Accessdatabase.

PORTFOL IO ASSIGNMENTS1. Prepare a procedure and related forms for requesting the creation of a

database.

2. Prepare a presentation on the uses of a database as a productivity tool.

SCENARIO CASE STUDYUse the opening scenario for this chapter to answer the following questions.The setting is a law office with metal boxes full of 3-by-5 cards.

1. Prepare a memo stating the reasons why the attorney should switch to anelectronic database.

2. Prepare a design for a database table or tables for a small office practice,listing the fields for each table.

3. Explain how the database designed in question 2 can be used in the future.

4. How could the database designed in question 2 have prevented the conflictin the opening scenario?

5. Prepare a memo for the employee handbook about the procedure to befollowed using the database to avoid conflicts.

CONT INU ING CASES AND EXERC ISES1. Prepare a database for the information in the case study in Appendix 1.

2. If you are using Access 2007, copy the table from Chapter 5 that was pastedinto the spreadsheet in Chapter 6 so the column headings become the fieldsin the Access 2007 database.

3. Prepare a list of individual databases that should be set up with the recordsand fields to manage the case in Appendix 1.