Michael C. SmithSiebman, Burg, Phillips & Smith, LLPMarshall, Texas michaelsmith@siebman.comwww.EDTexweblog.com

The 1901 Harrison County Courthouse (restored 2009)Marshall, Texas

J. Riely Gordon, architect

Smith County Bar AssociationApril 10, 2015

Tyler

The Paper-less Office Firm Disaster Plans Personal Productivity

"Everything should be made as simple as possible, but not simpler."

Albert Einstein

Paper Paperless Paper-less

Not “Paperless” Paper-less” Objective is to improve on traditional paper

when possible. Objective is not to eliminate all paper. WHY NOT?

Too hard to sell internally; and

Paper has its uses

Use less storage when active Easier retrieval More flexible retrieval Word searchable Easier retiring files

Some have difficulty searching If not properly located/indexed, hard to find Can be harder to locate than selected paper

in courtroom Harder to use than paper in courtroom

Cannot wave around

Cannot hand up for signature

Reviewing on paper helps some learn Process of selecting papers helps some learn.

Law Office/Document Management Software Programs (Evernote) Windows Folders

Nested structure

Intuitive

Sortable (by date/doc #)

Searchable

Drag and drop

Computer Server – networked

Requires IT support

Requires security & routine backups Cloud

Dropbox

Google Drive

Box

Law Office/Document Management Software

Available anywhere, on any device w/o IT expertise or help needed (usually)

Easy to share large documents (place in separate folder and send link)

Easy to restrict access selectively Ridiculously cheap for almost unlimited space Eliminates most risk of loss / backup concerns

Although you should back up periodically anyway

Most commentators suggest starting with your next file – don’t try to scan existing files.

Create the structure and the scan plan and start with newest cases.

How much paper is enough varies from person to person and changes over time

Federal court e-filing lessons: Told the judges to ignore the electronic nature

when they implemented it.

Some judges kept signing paper orders (which were quietly trashed after the e-versions were uploaded)

Some work off paper, and if so, the lawyers provide it.

For taking notes For reading

Taking Notes by Hand Improves Retention

Typing speed causes note takers to transcribe what is being said.

Handwriting requires paying attention and deciding what is important.

Pre-testing review of typed notes actually caused note-takers to perform worse on tests against note takers by hand who were not permitted to review their notes before the test.

What you hear, you forget.What you see, you remember.What you do, you know.

Ancient Chinese proverb

Handwritten notes can still be scanned into a paperless system.

Laptops are also bad for client relations

Creates a barrier between you and client

Give impression you are not paying attention

Studies show that focus, memory and comprehension are better when reading on paper

Text read on screen seems “slippery” to readers trying to recall it.

Studies repeatedly show that students learn better reading from paper. The key seems to be whether the students can see the whole page. When they have to scroll, performance suffers.

Scrolling is a distraction that takes up mental resources.

Like being distracted while memorizing a phone number.

Kindles have switched from scrolling to flipping.

Holding a book provides information (location in book – provides a “conceptual scaffold” for information and memory.

Paper permits many different types of annotation

Close links exists between gesture (ex. highlighting) and cognition.

Students report level of understanding more accurately after reading on paper

Consistently overestimate understanding after reading on a screen.

Much may be a matter of personal preference, as well as training.

But, deep reading currently seems to be aided by the form of paper books.

Use paper case notebooks with copies of documents from files as needed (elimination of exhibits can make far smaller than traditional pleadings notebooks)

Provide notebooks with paper documents to be reviewed (originals already scanned)

Print documents double-sided and using draft mode to make notebooks smaller & save ink.

Provide desk references with useful documents/ references:

Research directories

Case documents & pleadings indexes

Firm docket list; docket sheets

Outlook (Microsoft Office) Task/Calendar/Contacts/E-mails

OneNote (Microsoft Office) Evernote (note taking)

Legal research database

Case documents (notebook equivalent)

Notes/tasks iPad apps

iAnnotate

Printer Do you need a copier?

Fax

Use email-based fax services (eFax).

Dictation Scanner

Dictation

Dictaphone

Handheld

Dragon Naturally Speaking

Networked Installation

Scanner

All in one

Large capacity on copier/scanner

Flat bed

Need a scanning plan for:

What is scanned (everything or certain things)

By whom (receptionist, paralegal, etc.)

When (when received/after reviewed)

How (file room, desktop, phone camera?)

Where saved (folder in directory)

What named (think of how will sort)

▪ 2014 04 16 – Bradshaw – MCS to client OR call notes

▪ 014 – Response to motion for summary judgment

High volume scanner officewide is fine BUT Desktop units are often the key to capturing

all paper under the scan plan Fujitsu ScanSnap

High speed

Double sided

Easy interface

Fujitsu ScanSnap – scans to:

Desktop (as a pdf)

Specified folders (as a pdf)

Evernote (as pdf item)

Desktop (as a jpg)

Print

E-mail

And many, many more …

All pleadings, correspondence and discovery (paper or electronic) are saved into directories before review.

Paper copy need not be destroyed, but it is no longer the office “original” – becomes a convenience copy for –

Attorney review

Working/hearing/trial notebook

All pleadings, correspondence and discovery (paper or electronic) are saved into directories before review.

Paper copy need not be destroyed, but it is no longer the office “original” – becomes a convenience copy for –

Attorney review

Working/hearing/trial notebook

All notes are scanned, saved and destroyed after hearings/trials .

CDs of production are saved and destroyed.

Document production can be segregated to make destruction after case is over easier / save archival storage space.

Confidential documents can be segregated.

There is no home for paper in the case file.

CLE materials are now electronic – don’t get the notebooks – or at least just save the electronic copy.

Research materials can be kept in a database

Texas Bar Journal, May 2014, p. 399

Can be on paper or in electronic form “Red folder”

Thumb drive or online accessible document Emergency instructions

Each member of your organization should have a short, half-page memo detailing what to do in case of fire, severe weather, or other emergency.

Contact information Should have all information to contact employees

and for them to contact the firm.

Phases & protocols

Pre-disaster (i.e., run backups, lock files, take equipment)

Post disaster (work sites, access to data, etc.)

Can tell employees to go to Phase 2, & follow instructions. Protocols

Can have separate protocols for evacuation of office, emergency repairs (plumbing), major disaster (building burned), or “shelter in place” (ice storm)

Think ahead of time what is needed to resume operations (access to data and work sites) or support staff in place.

“Launch code card”

Laminated wallet card with contact information and initial steps

Names & numbers Insurance Agent: Neighboring Law Firm: Remediation Company: Court Reporting Firm: Rental Car Company: Computer Support: Office Manager: Managing Partner: Accounting Firm: Office Supplies:

Initial tasks (if applicable)• ❐Call 911 if necessary

• ❐ Ensure employees are safe/complete PAR (Personnel Accountability Report)

• ❐Contact insurance company

• ❐Notify absent employees

• ❐Take mitigation steps if possible

• ❐Advise firm leadership

• ❐Arrange to get employees home if needed

• ❐Notify court reporters/courts of situation if needed

David Allen System for personal

productivity

Relies on “in boxes” and weekly reviews

Goal is to get everything out of your head and on to paper / into your system.

In boxes - create Office desk, home desk, email, RTM & Evernote

programs Everything that isn’t what it should be goes in an in

box (or on slip of paper in in box) Process

Process each in box regularly Each item becomes either a to-do or part of a

project Weekly review

Go over projects for next items to do Update any to-do lists

In boxes

Everything that isn’t what it should be goes in an in box (or on slip of paper in in box)

Process these in boxes periodically during the day

Putting things in the “system” allows you to know things are being handled.

Eliminates stress – everything that needs to be done you have evaluated, so no longer worry about missing something.

Keys:

Making sure everything goes in in boxes

Process in boxes

Weekly review of projects

Database of “notes” Typed or handwritten and scanned Documents, Photographs, etc.

Methods of entry Direct entry (type & drag document) Web clip browser add-on / phone camera Email notes (includes all attachments)

Notebooks (can be shared) In Box, General (also Cases, Legal Research)

Tags (this is how you categorize notes) Can click on “Reminder” and becomes a RTM to-do,

with a link to underlying Evernote note.

To do lists – add categories and locations

Categories: Errands, Cases, Reading, Writing, etc.

Locations: Home, Office, Walmart, Lowes, etc.

Can set to do’s to repeat

Read papers, dictate emails, process RTM in box

Can easily defer to do’s to another day or sort of category or location

Can enter to do’s directly or by email to RTM

Shows up in program as a to-do, w/ data (email)

"The work will teach you how to do it." Estonian proverb

• Just Start Already (even if only for five minutes

• Just starting a project makes it easier to finish it.

• Zeigarnik Effect – brain tells you to finish something left undone.

• Work In Bursts

• We do better when we concentrate on difficult tasks in short, focused burst, followed by short rests.

• 25 minutes on; 5 minutes off.

• Periodic movement is healthy

• Regular movement prevents muscle breakdown

• 25 minutes on; 5 minutes off.

• Healthier than regular exercise w/no periodic movement

• Type of movement

• Walking

• Stretching

• Better posture (don’t slump at computer)

• Is your lighting adequate?

Bad lighting can cause fatigue, eyestrain, headaches and overall irritability.

Dark spaces can actually produce depression.

• Remedies

• Task lighting (lamps; change can to pendant)

• Natural light bulbs

• Light therapy device, e.g. Verilux “HappyLight”

• Chair

Eyes 24-36 inches from the computer screen. The top of the monitor should be below or at eye-level.

Feet should be on a foot rest or resting on the floor.

A slightly reclined chair posture is best to reduce pressure on spine and minimize lower back pain.

• Digital Space

Focus applications – help decrease distractions

▪ Focus Booster; Cold Turkey

Online clocks – www. http://timer.onlineclock.net/

• Clutter• Room Color• Room Temperature• Room Scents• Noise Level (white noise, Coffitivity)• Air Quality• Different Spaces• Worker Organization• Refreshment

• Procrastinate Constructively• Procrastinate by doing other, but less time-

sensitive tasks, i.e. filing, processing in boxes, not completely unproductive tasks, i.e. Facebook.

• You may be avoiding the top item on your to-do list, but at least you’re getting something done.

• Create a “procrastination list” of five things you’re allowed to do if you find yourself procrastinating.

Before You Try To Do It Faster, Ask Whether It Should Be Done at All The shortest path to productivity is reducing the

things you are doing.

Constantly ask whether something still needs to be done, or to be done by you.

Apply “80/20” thinking: what handful of activities are responsible for most success; what activities crater your productivity. Focus on #1 and limit #2.

Get your sleep!

Cutting corners at bed time = making yourself stupid

Sleep loss means mind loss – it cripples thinking in every measurable way.

Hurts attention, executive functions, immediate memory, working memory, mood, quantitative skills, logical reasoning ability, and even general math knowledge.

Define Your Goals the Night (Afternoon) Before

Define your one or two most important to-do’s before dinner the day before

Knowing you have a plan relieves anxiety and helps you enjoy your evening.

Establish a “closing ritual”

End each work day the same way (straightening up your desk, backing up your computer & making a list of the next day’s priorities).

Helps create a sense of closure.

Studies show what types of activities help you relax, and it may not be what you think.

What Works

Seeing friends

Active hobbies

What Doesn’t Work

TV / movies (over two hours)

Video games

Eating

What Works – Exercising / yoga / playing sports

Praying or attending a religious service

Reading / listening to music

Walk outside / meditation What Doesn’t Work

Gambling

Shopping

Drinking / smoking

Internet surfing

"You cannot have everything. If you attempt it, you will lose everything."Rear Admiral Alfred Thayer Mahan.

"Civilization advances by extending the number of important operations which we can perform without thinking about them. Operations of thought are like cavalry charges in a battle - they are strictly limited in number, they require fresh horses, and must only be made at decisive moments." Alfred North Whitehead

"Time is the quality of nature that keeps things from happening all at once. Lately it doesn't seem to be working."Anonymous

The Morning Ritual

First 75-90 minutes of the day are structured and do not vary.

Establishes a mood of control, which limits stress and establishes the tone for the day.

Don’t Check Email in the First Morning Hour

Avoid letting someone else’s priorities becoming yours

Checking emails constantly breaks into organized work time.

Schedule work based on effort needed

Load work requiring most mental effort in the morning, or at least not after periods of stress.

2-4 pm is a physiological “sleep cycle” – it’s not just you.

"Progress is made by lazy men looking for easier ways to do things." Robert Heinlein

"I am an old man, and I have known a great many troubles, but most of them never happened."Mark Twain

"About half the practice of a decent lawyer consists of telling clients that they are damned fools and should stop."

Elihu Root

Michael C. SmithSiebman, Burg, Phillips & Smith, LLPMarshall, Texas michaelsmith@siebman.comwww.EDTexweblog.com