Even as paperless practice continues to accrete upon law firms, many still operate under a hybrid document management profile.  Some of the files are paper only, some are electronic only, and some exist as dual copies.  While that may seem like a reasonable approach, as the long, slow drive to a fully paperless office commences, it’s really just a bigger pain in the ass.  If you’re looking for a needle, one haystack is better than two.  So, in the first instance, make sure there is one, true copy of your law firm data.  If you don’t want to give up the paper, I won’t quarrel with you: Just scan everything you get and save it electronically, even if you want to keep the paper files around.  Some folks would call that a paperless practice; I’d call that a cop-out — unless you’re destroying all the paper files that you can, you’re just a guy who’s telling people you’re paperless, while step over piles of redwelds on the way to the Keurig machine.

But, wait!  Even if all of your documents are scanned, and you’re disposing of the paper as allowed, there are still potential problems that can foil your paperless goals.  Back to the silos.  When I ask law firms where their documents are located, I always get several answers: Oh, some are on the server.  Then, I’ve got some in my case management system.  And, I have a Dropbox account that I can’t remember the password to.  And, Google Drive.  Then, I have, like, four backup drives.  And, there’s a thumbdrive in here, if I can just find it . . . In short, it’s always a dumpster fire.  The only acceptable answer is that your documents are in one place.  Just one.  The ‘one place rule’ eliminates silos.  Tear ‘em down!  So, of that list: pick one.  I don’t care which one.  Just pick one.

Well, that’s not exactly true; I kind of care.  If you’re using Microsoft Office, as your primary email system, here’s what you should do: (1) Upgrade to Office 365, if you haven’t already; (2) Use OneDrive as your data storage program.  (One Drive, one place . . . see, that works juuuust fine.). If you’re an Outlook user, this streamlines your workflow nicely.  The good news is that using One Drive won’t cost you anything more, because it’s included with Office 365.  And, your Office 365 subscription will also feature the premise-based version of Office 2016, for download on up to 5 devices (LINK).  So, if you want to keep using the local Office apps, you can do so, while maintaining the flexibility of Office 365.  But, even if you’re not drafting online, you will need to save back to OneDrive, instead of your local device, to make this work.  (And, there’s an auto save feature — if you’re not into manual operations anymore.). If you’re a Google person, use Google for Business + Google Drive; and, if you have a Mac or iPad, you can use iCloud.  Same difference; pick one.

It’s true that I said ‘one’ repository is the way to go; but, I’m gonna add a substantial caveat to that instruction, and carve out integrations as being part of your single system.  So long as you’re saving your documents and files to one place, you can then sync those documents and files with other systems.  This avoids the siloing problem, because you’re technically not storing documents in another system, just linking back to your primary repository.  When everything’s connected, it’s just the one big silo you’re working with.  If you integrate One Drive with your case management system, for example, so you can access documents or attach them to cases, you’re not burdened searching various buckets for your list.

And, this is one of the chief advantages of cloud-based systems.  It was very difficult to connect data via traditional, premise-based systems, without grafting onto those systems some additional arcane mechanism(s).  With the cloud, all you need is an internet connection, to share what you want, where you want.  And, now that you know the secret, you can spring clean your document files, and get it all together.

I do think that the vast majority of solo and small firm lawyers have a good sense of how to run a business.  The failure is often in the execution.  Development usually does not go beyond the business plan stage, if it ever even gets there.

Businesspersons often think of creating systems, and then choosing programs to run those systems.  The question is usually not asked in the reverse.  Hence, ‘here’s my paperless workflow, what system should I use now’ is a more common application than ‘I bought Adobe Acrobat, let me build a paperless workflow around its functions’.  I would submit that the second arrangement might be the better formulation.

If, in defining your law firm’s communication methodology, you based that determination on how you would use Slack, as an internal and external conversations driver, you might discover a more seamless approach than if you stumbled upon it later. If it’s true that a law practice management software is the most important product a law firm can invest in, doesn’t it make sense to choose that anchor software first, and then create your workflows based on its features?  Isn’t this a better approach than choosing the same old software, because you don’t want to test anything else, and then complaining, after you start using it, that it doesn’t do what you want it to do?  One of the reasons lawyers don’t like to adopt new technology (even when it’s better) is because they don’t want to undergo a learning curve.  Selecting a software product with a full understanding of its features, and building your practices around that, reduces or eliminates that learning curve.

With the current focus on attorney competence related to technology, taking a more proactive approach to software choice and implementation not only makes sense from an efficiency perspective, it may also be a new and improved way to ward off malpractice.

. . .

Liner Notes

‘Keep on Tryin’’ by Timothy B. Schmit

If you’ve watched Amazon’s excellent ‘The Man in the High Castle’ (or read the book it’s based on), you’ll know that an examination of alternatives will not always yield a palatable option.  The fact is, cloud security is relative.  Take the time to analyze it against the operations of a traditional law office, and accessing a remote server suddenly seems a whole heck of a lot safer.

Think about some of the obvious ways that law firms compromise their own data security.  Files are left out on desks.  Staff and clients and others walk around, with scant monitoring, while sensitive data is visible, and susceptible to theft.  There is no formal tracking system for files.  Strings of passwords are written on sticky notes, in plain view.  Devices with sensitive information saved to them can be lost, or stolen.  Dozens of emails are sent, across multitudes of servers to various parties, in order to capture revisions to one document.  Devices and drives are unencrypted.  I could go on; but, I tire of this game.

The truth of the matter is that a traditional law office operating in the modern world is far more prone to data breach than a virtual law practice, or something close to it.  An effective cloud array serves to eliminate paper, could reduce your passwords to a memorable few, removes software and files from the devices you use, promotes collaborative document management and offers feasible encryption options.

At this point, just about every one of the United States has on its books a data protection law.  The way those laws are written, the use of cloud-based technology that features encryption and security updates will pass muster, assuming a documented vetting process has taken place.  Managing a system, or systems, in the cloud is a far more practical way to secure data than attempting to close various, gaping loopholes present in traditional paper-based or hybrid paper file/electronic file office settings.

So, as it turns out, managing a cloud-based technology platform makes law firms more efficient and more secure.

Who knew?  (Well, I did; but, that’s beside the point.)

. . .

Liner Notes

I usually try to throw down some back catalogue gems here; but, I have to say, there is much love in the Red Cave for a mainstream jam every now and then.

‘Kind and Generous’ by Natalie Merchant

I’ve been listening to a lot of Natalie Merchant lately.  So, sue me.

10,000 Maniacs had a lot of hits you remember, okay.