These programs are distinguished from general "groupware" programs like Novell's GroupWise and Microsoft's Outlook and Outlook Express, which allow for individual and firm-wide calendars and a shared contact list. These products, though, lack the structural design to manage case-related information.

One of the biggest changes lawyers see when they begin using a case management program is their focus shifts away from their word processor or timekeeping program. The case management programs fundamentally alter the way you work - for the better. When used religiously to track firm activities, these products become the focal point of the office. It's only when you prepare a letter or generate a bill that you switch to one of the linked applications like word processing or billing.

The leading case management programs for small- and medium-sized law firms are Abacus Law (800-726-3339, www.abacuslaw.com), Amicus Attorney 800-472-2289, www.amicusattorney.com), and Time Matters (800-328-2898, www.timematters.com).

It's been nearly two years since this column compared the leading case management programs. In the past few months, software makers have released new versions. Many of the improvements are responses to competitors' features. For example, Time Matters' triggers could be considered an answer to Amicus Attorney's Do Button while Amicus Attorney's Call Center is a response to Time Matters' phone list. The striking thing about these new features is how clearly the basic design and concepts of each program have guided the implementation of the vendors' new features. While they all have similar functions, the way they are designed and used is dramatically different.

Differences

For example, one of the most-requested reports available in Abacus is its Malpractice Alert Report. Running this report once a month lets you monitor what files have no upcoming work. Abacus defines inactivity as having no events scheduled in a specific time frame. In Amicus, there are several different ways to monitor your activities. You either can use the Do Someday feature to monitor inactive files or set your contact records to remind you to stay in touch every set number of days. You also can set up your files to let the responsible lawyer know when there has been no time billed on files for a period of time or monitor how much time has been billed since the last update. These reminders will show on your Daily Report.

Time Matters' Version 3 features a new Inactivity Watch. Rather than predefine an inactive case, Time Matters lets you set up your own criteria to allow you to monitor contacts or cases, or both, as well as related records. You can set the criteria to include events, to-do's or any of the supporting records. In other words, you can define a letter sent to a client's doctor as an activity or not. Again, while the programs are similar, the subtleties are striking.

Because they link to so many other programs, all the vendors have a particular challenge in keeping their products running smoothly with changing versions of linked products. Additionally, with each added feature and the huge variation of equipment and software combinations used by law firm clients, there are more places in these programs for the products to fail. As a result, depending on the firm and when its new version was implemented, you can hear about either great or catastrophic experiences.

Other applications

When choosing a case management program, you should consider the other applications your office uses. The ability to link with your billing program can be a huge time-saver. For example, I use the combination of Time Matters 3.0 and Timeslips 8. Because they have tight integration, I'm able to make a prospective client in Time Matters into a client in Timeslips simply by adding a client nickname code to my Time Matters record. Once the case is established in both programs, I can time calls or activities in Time Matters and send the billing information directly into Timeslips without opening the program on my desktop. Over the years, I have captured more time because of this feature.

In fairness to the vendors, many of the negative comments immediately following each new version's release had to do with structural changes to the programs that required learning a new way to do things. Whenever you're ready to implement a new version of a program, it's well-worth the time and effort to study the new features and explore how and why they were changed. Often, you may find the vendor has solved a problem troubling you in its previous release.

In Time Matters 2.0, I tried to use the different status boxes for telephone calls but couldn't use them to prioritize a list on the screen or produce a printed list of calls to return. When I began using Time Matters 3.0 in my office, I was a little overwhelmed by the new options in the phone messaging portion of the program. Once I understood the changes, I was able to sort my calls in priority order, returning unread messages before call-backs. The ability to add classification codes and Quicktabs for sorting also helps to better manage my calls.

I heard similar stories from firms that upgraded from older versions of Gavel and Gown's Amicus to a new version. Design changes in Version 4 were intended to speed access to information. People who didn't understand the new method of accessing another lawyer's office were continuing to access information the old way, only to complain publicly about how slow the new version was compared to the previous one. In fact, once they learned the new way to access other attorneys' information, the complaints stopped.

Plus and minus

In choosing a case management program, it is important to remember that each product has strengths and weaknesses. Sometimes, what one person sees as a strength is a weakness to another. Of the three products, Time Matters has the most options for customization. To some lawyers, this is one of the program's major advantages over the competition. To others, the degree of customization makes the program too complicated and harder to implement. In fact, I often ask new Time Matters clients which features they would like to turn off so they can keep the product simpler. Ironically, I have yet to hear a client say, "Oh, we'll never use that feature." Everyone hopes to grow into tracking and automating more aspects of their practice with these products.

It is important when deciding to use a case management program that your entire firm commits to using it regularly and consistently. The real benefit of any of these programs comes from the accumulation of information about your clients and prospects. For example, if you enter a phone record and notes about each prospective client, you can refer to that information when the prospect calls back to hire your firm. I have had several instances when two people from a firm called several months apart. By searching for the firm name or phone number, I can bring the second person up-to-date on my previous contact with the firm. Talk about being responsive! Just remember, to get the value from these programs requires effort and discipline.

Another aspect in selecting one of these products is how the functions critical to your office match the style of the lawyers and staff who will be using it. To give a simple example, some people like a daily calendar, some prefer a week-at-a-glance model while others still prefer to see their activities in a list format. The display options for calendars within the programs also are different. Amicus provides a graphic-style calendar that looks like a date book and lets you click and drag to create appointments. Abacus lets you enter standard events associated with a contact or quick appointments without any associations. Time Matters lets you choose which fields from the underlying event or to-do record to show on your computer calendar or printout. Again, similar functions, similar capabilities but important differences. With the complexity of each of these programs, you also should weigh the local resources available in implementing and training your office on these products.

What's the problem?

If you've decided your firm needs a case management program, there is probably something not being tracked well in your existing systems. I refer to your current office procedures as systems because I've found most offices use a combination of computer programs, written procedures and physical tools like a Lawyers Diary, Whiteboard, card file and physical files to manage their practice. Before choosing a solution, it's critical to clearly identify the problems you're trying to solve. If your critical need is for a firm-wide calendar, focus first on how each program handles appointments. Be sure to examine links to Palm Pilots if any lawyers in your firm use them or are thinking of using them. Don't overlook the printed reports either. There are major differences among the programs in what information can be placed on paper and with which fields and fonts.

Don't limit your research, however, to your firm's "hot buttons." Investment in a case management system is like taking on a new partner or associate. At the beginning, they are brought into the firm to fill a specific, defined need. As your comfort with them grows and their familiarity with your clients increases, you will find they will handle tasks you didn't envision when you hired them. The same is true about adding a case management product to your office software arsenal. Initially, you'll buy it because you need a firm-wide calendar or central contact list. As those dire needs subside, you'll find more and more ways to use other parts of the program.

Too complicated?

One "complaint" I hear from new Time Matters users is it's too complicated and has too many functions. My response is usually, "OK, we can turn off most of the features you don't think you're going to use. Now, which ones should we turn off?" The answer is almost always, "We'll eventually use all of them."

If you were to compare the features and functions of these products in a chart format, you would miss many of the real differences among the products. The nuances in how the programs implement their functions can make one product better-suited to your office than the others. For example, they all claim to manage and track telephone calls. How they do that - and under what circumstances they work best - is very different.

In Abacus Law, the phone function begins within the contact list. To record a phone message, you add a note to a contact record classified as "phone." Because of the way this feature is implemented, it's best used when a person wants to take notes during a telephone call. There is no built-in notification feature to let an attorney know someone has taken a phone message for her while she was out of the office.

In the previous Amicus Attorney version, the phone feature, which is still available, also was intended for use when attorneys already were making or receiving calls. By pressing the phone button in Amicus, a phone-message screen pops up with a timer ticking and the ability to connect it to a contact or case and take notes. When the call is finished, you have the option to make a call-back reminder, which is added to your calendar, and make an entry for the time spent on the phone. To handle incoming calls when lawyers are out of the office, Amicus Attorney's latest 4.0.3 version includes a new Call Center, which automatically sorts unreturned messages from today's calls and messages. It also lets people in your office enter new phone messages. The program distinguishes between phone calls by attorneys and staff vs. phone messages someone takes for another person in the office.

Time Matters 3.0 lets you enter phone messages through its phone list. When you connect a phone message to a contact and/or case, it also will be accessible under the phone tab of that contact or case. Additionally, as with every type of record tracked in Time Matters, there is a notify section to turn on through the View menu allowing you to attach the record to an internal e-mail to anyone within your office. While it's hard to describe, essentially, you can get an internal message letting you know you received a phone call from someone and double-click on the message to see the underlying phone message.

Depending on your office location, another factor in selecting a case management product is the presence of a local support company. While you could install and implement one of these programs without hiring a certified trainer, I would strongly advise budgeting for outside assistance. Learning the best way to implement these programs can be time-consuming and frustrating. A certified consultant who trains law firms on that product will save you time by providing ideas how other firms have used the program. All these companies have a network of certified consultants who support their products.

In the next few columns, I will be examining each of these programs.

Carol L. Schlein is president of Law Office Systems, a Montclair-based training and consulting firm assisting small- and medium-sized law firms with technology. She formerly chaired the Computer and Technology Division of the ABA's Law Practice Management Section and is an author of The Lawyer's Guide to Timeslips, published by the ABA. She can be reached at carol@losinc.com.

Questions for Carol L. Schlein on law office technology may be faxed to New Jersey Lawyer at (732) 650-7010 or mailed to "Law Technology Questions," New Jersey Lawyer, Edison Square, 2035 Lincoln Highway, Suite 3005, Edison, N.J. 08817.