Peer to Peer Magazine

June 2012

The quarterly publication of the International Legal Technology Association

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Lawyer Focus Groups: A Look Inside Their Work Has Changed; Has Yours? the survey indicated that associates were doing the heavy lifting of legal work. We also find that many lawyers at the partner level have simply maintained their familiar work processes by introducing technology that complements the old workflow instead of fully embracing technology to change a workflow or look for inefficiencies. Associate billable hours were down for a few years; however, hours are on the rise again with 2010 having the highest levels since 2007, according to the 2010 Am Law Midlevel Associates Survey. Associates are practically begging for better efficiency tools and remote access because they want to be able to work from home at the end of a long day and on weekends. For them, it is about the balance of work and life. They are not under any delusion that being at home means they are working fewer hours, it just means a more comfortable and relaxing environment in which to work. Technology Uses Have Changed While yesterday's lawyer dictated to his secretary, today's legal brilliance goes from the lawyer's mind directly to the keyboard. Legal documents are rarely printed and mailed, rather they are formatted in email and sent directly from the lawyer. Let's examine some other changes in how lawyers are using popular applications. Communication Tools: With new communication tools being introduced and the size of documents being sent taking a toll on email systems, it is time to be more thoughtful about using the most appropriate type of communication format for the specific type of communication needed. Technology teams should plan for multiple communication touch points, including internal versus external, sharing of large documents and secure client communications. • Outlook: In our research, Outlook is the lawyer's most-used application. Much of the client work coming in and out of the lawyer's office is traveling through email, and most lawyers monitor their mailboxes all day, reading and responding to email messages and meeting requests as they come in. Communication is nonstop, practically 24/7. Those who have dual monitors are keeping Outlook maximized on one monitor and using the other for document or browsing activities. Many consider dual monitors a must-have for getting work done with any feeling of efficiency. More lawyers are managing their own mailboxes and may share only contacts and calendars with their legal secretary. As we've already hinted, this means that much of the client relationship falls to the lawyer. Not only is external client communication on the rise, with legal teams working across offices, the amount of internal conversation taking place today via email is exploding. Junior associates often rely on email for interoffice communication or to draft client email messages on behalf of partners. • Instant Messaging: With a growing awareness of mailbox sizes and ever-changing recordkeeping policies in firms, lawyers are beginning to appreciate the concept of instant messaging. When asked, many feel that quick internal messaging should move out of email. Many already realize the benefit of a back-channel conversation during conference calls to chat with internal resources about the developments during the call. Document Management: Document creation is increasingly falling onto the shoulders of the lawyer. Of course, when we say "document creation," we actually mean finding a similar one in the document management system and using it as the base for the "new" document. Most documents — 80 percent — are created by duplicating an existing document. Yes, there are a few lawyers who still dictate or handwrite documents on a legal pad or ask their legal secretary to draft the initial document for them. But the decision to dictate or create is increasingly based on situational circumstances. Timing is often the differentiator when deciding to request help from the legal secretary. One firm found that over 50 percent of partners and 70 percent of associates were creating and editing their own documents. • Styles and Numbering: Documents are getting longer and more complex. Many focus group participants make references to complex documents of 200+ pages, many of which might include sections, references, numbering, tables and graphics. However, lawyers are still using manual numbering instead of automatic numbering. Lawyers' skills and opinions on document formatting vary. Many will not use templates or numbering tools when starting a document from a blank page, but will use the styles and automatic numbering if they're already set up in the document. The rare few who know how to use styles and numbering tools, as you can imagine, get frustrated by their peers who still manually type paragraph numbers. Are the tools your firm provides right for the current document editors? Should legal secretaries be trained to have superior document formatting skills or be provided special tools to quickly troubleshoot and resolve bad documents above and beyond what is in place today? • Collaborative Editing: It is rare that a legal document is created and finalized without some type of collaborative editing, either internal or external. Collaboration today includes more parties, more document formats and more edits to bring back into a single document. It seems to be a pain point for all users across all practice groups. Imagine that a lawyer has sent a 100-page document to five other parties for review and edits; it is highly likely that at least one of those documents will be returned in a different file format, causing compatibility issues. It is also very likely that at least one of those documents will be returned with track changes. And it is probable that one of the documents will be returned as a PDF with typed comments or that opposing counsel might be using a different document comparison platform. Peer to Peer 89

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