Changing
technology: Past, present, future
By Carol L. Schlein
A few weeks ago, I wandered the
three floors of the New York Legaltech exhibits areas looking
at the goods and services offered by the vendors who
specialize in products geared toward lawyers. The January
Legaltech conference and exhibits are in their 19th year and
about three years ago, a smaller version was added in
September.
Having examined the exhibit
area nearly every year, it is interesting to note the trends
in legal software and technology. The most obvious change is
the size of the exhibit area itself. In the early years, this
was limited to a single floor. This year, the January show
stretched over three floors and was teeming with vendor
booths.
In the mid-1980s, there were an
equal number of hardware and software vendors. Companies like
IBM, NBI, Syntrex and Compaq were targeting the legal market
with word processing on personal computers, local area
networks and dedicated word processors. By then, some of the
still-popular legal time-keeping and billing vendors had begun
to show their wares at this major legal technology conference.
Many of the popular programs shown then are long gone
(although I suspect there still are some lawyers hanging onto
them instead of upgrading).
Products like Wordstar,
Multimate and Samna competed with upstart WordPerfect.
Although Microsoft had a version of Word, it neither attended
this conference nor aimed its product or features toward
lawyers. On the billing side, Timeslips, Tabs and Juris
already were competing for market share. Case management
options were limited to home-grown solutions using programs
like dBase, Q&A and DataPerfect. CompuServe was the major
player for electronic mail and began sponsoring forums to
allow lawyers to ask and answer each other’s technology
questions as well as vendor-run forums to get access to
technical support. MS-DOS was in its heyday, running on Intel
286, 386 and 486 computers with monochrome monitors.
By 1990, the Information Age
was in high gear and the Legaltech conference reflected that.
Most firms had bought their first personal computers complete
with WordPerfect 5.1. Microsoft had begun selling early
versions of Windows and Word, but these weren’t attracting the
attention of most lawyers. WordPerfect and IBM were lured into
spending significant development dollars in porting their main
products to OS/2 while Microsoft, which had been a partner
with IBM in developing OS/2, quietly shifted gears to ready
its Windows platform and products.
The transition to the
commercial use of the Internet and a whole new way of working
was about to begin. Due to the changing demographics of the
legal profession (the average age of a lawyer nationally has
been dropping since the early 1980s), fewer lawyers were
maintaining the opinion that "lawyers shouldn’t be anywhere
near computers." This is what I was told by the partners where
I worked as a young associate many years ago and was a major
reason for my subsequent career change.
Dramatic change
The past 10 years have seen a
dramatic change in the tools and options available to lawyers
for handling client work. The most obvious are the changeover
from DOS to Windows and the role of the Internet to law and to
virtually every endeavor. Many law firms have made painful
transitions from DOS to Windows and from WordPerfect to Word.
Many firms expect their lawyers to be able to perform some
computer tasks themselves (although they don’t provide them
with nearly as much training as they should or as they do for
support staff). In the mid 1980s, the rule of thumb was that a
state-of-the-art computer would last about five years. Today,
if you’ve shopped well, you’re lucky to get two to three years
of useful life from the average computer. Similarly, software
versions change almost daily — well, not quite, but it feels
like it!
After several major hardware
transitions (from 486 to 586 to Pentium then I, II and III
with ever-increasing hard drive and RAM memory) and a
significant number of software upgrades, I go back and forth
between WordPerfect 8 and 9 and Word 2000, depending on my
client’s needs. I still use Timeslips for time and billing. We
converted from version 8 to 10.1 last fall to better-support
my clients who were purchasing the newer versions.
For firms still using version
8, though, I still recommend staying with it — unless there’s
a reason to upgrade due to newer hardware and operating
systems like Windows 2000 that will not run with older
programs or a need to submit electronic bills to insurance
carriers using the ABA task-based litigation codes or a need
for some of the newer features such as split-fee billing and
unlimited capacity for slips, clients and codes. My marketing
database and client note-taking systems created in Symantec’s
Q&A and Lotus’ Agenda have been consolidated into a single
case management program, Time Matters from Datatxt, that
handles those functions as well as myriad others crucial to
running my business.
Managing cases
One of the dramatic
improvements to my office and many of my clients has been the
relatively recent maturing of several case management
programs. These finally deliver on the original Microsoft
promise that Windows would allow for seamless sharing of
information among programs from different vendors. While many
of these programs have DOS origins going back more than 10
years, the recent versions have met with market success due to
their improved functionality and integration with key legal
software programs, such as the main legal time-keeping and
billing programs.
Early laptop computers were
barely portable and were limited in what they could do. I am
writing this column on a 4-pound Dell Latitude laptop that has
more memory and storage space than many desktop computers. The
screen and keyboard are perfectly acceptable for working many
hours at a stretch.
While I initially viewed it as
another gadget I didn’t need or want to carry around, I find
my Palm Pilot (I use the Palm Vx) has become an essential
accessory to allow me to work better and easier. Almost
immediately, I could eliminate my phone book and Rolodex cards
as well as week-at-a-glance calendar. By synchronizing it with
Time Matters, I can change contact information while outside
the office, make new appointments and be confident that
literally at a push of a button, my calendar and contact lists
in Time Matters on my office network will be updated as well.
Appointments or changes made by my staff while I am away from
the office are sent to the Palm at the same time.
The application that really
made my Palm pay for itself was the addition of Iambic’s Time
Reporter for Timeslips. This palm-based application lets me
use my Timeslips client and activity codes and record my
billable time and expenses onto my Palm. Again, when I press
the button on the Palm’s cradle, the slips I have created are
sent directly into my Timeslips database and are ready to be
billed. In the past two years, most of the other major billing
programs have begun offering equivalent programs for
Palm-based units that connect to the programs.
Internet
The biggest change in
technology in the past few years has been the growth of the
Internet. A mere five years ago, many of my clients did not
have access to e-mail in their office and few were experienced
doing research and locating information using a web browser
like Netscape Navigator or Microsoft’s Internet Explorer. Now,
only a handful are using dial-up connections, most already
have or plan to get high-speed access connections and many use
web resources regularly for legal work.
For the past year, the focus of
many of the vendors at Legaltech has been to demonstrate their
web-related products and services. The main thrust of this
development has been toward application service providers
(ASPs), which offer off-site storage of programs and a firm’s
data. Instead of maintaining a file server on which someone in
the firm has to install software and maintenance releases and
perform backups, you use your Internet connection to access
the ASP’s server to run programs and work with your data. The
concept, while interesting, seems to be a bad match for
attorneys.
Lawyers, as a group — and I
include myself even though I don’t practice — tend to be
control freaks. We often fail to delegate tasks and end up
wasting time on functions that could be done more efficiently
and cost-effectively by others in our firms. The idea that we
would somehow trust an outside company to host our
applications and data, particularly when we’re required by
ethical canons to protect our clients’ privacy, seems to be an
unlikely scenario that will be slow to be accepted, if ever.
Several prominent legal
software vendors have begun to rework the ASP design with the
idea of allowing firms to host their own data and access it
over the Internet when away from their office. This model
holds more promise as the tools needed to set up and maintain
your own web server become easier and cheaper. Keep an eye on
these types of options as they’ll provide you with more bang
for the buck while keeping control over your data.
Even though it took a number of
years before most firms purchased computers for staff and
about a decade before significant numbers of lawyers began to
have them on their own desks, other technologies, however,
such as fax machines, photocopiers and cell phones, were much
more quickly accepted. Even today, there are law firms
continuing to rely on WordPerfect 5.1 and their macros rather
than upgrading.
Voice recognition or the
ability to convert spoken words to text has been around for
more than a decade, too. In the past few years, the quality of
microphones has improved so that recognition has become more
reliable. The availability of hand-held units that can be used
with voice recognition software on your computer is one of the
major steps in making this a more practical solution for many
lawyers doing their own document preparation. Ironically, this
increased acceptance comes just after two of the three major
competitors merged and the resulting company is sinking under
the weight of its debt.
The pace of technology has
increased dramatically. In less than 20 years, laptops have
gone from 20-pound luggables to fully functioning 3½ pounders.
Infra-red technology allows people to move their mouse and
keyboard further from the base unit of their computer, print
without wires or "beam" information from one Palm Pilot to
another. Combined with cell phone technology, the wireless
world is guaranteed to provide much of our information in the
next few years. I can easily see, when the prices come down
and components are made in the right size and shape with the
functions I need, purchasing a combination Palm-based cell
phone.
Dream system
Many years ago, when speaking
to groups of lawyers about what the future of technology might
hold and how it would change the practice of law, I imagined
my ideal portable device. My dream design was a small unit the
size of a cigarette pack that would be a hard drive with all
my critical data. I could carry it and plug it into kiosks
that had monitors, keyboards and printers, and work wherever I
went. We already are coming close to that dream, although
today it requires several different tools. However, it’s easy
to imagine them melding over the next few years to give me the
portability I need. Of course, the piece I was missing in my
dream system was the Internet.
Ironically, as I was putting
the finishing touches on this column, I picked up the Circuit
section of The New York Times. There were three
pertinent articles on the front page. The lead story, "The
Web, Without Wires, Wherever," documents the upcoming
installation of public and private access points to allow
computer users who have a wireless card to access the Internet
through a wireless network with the high speeds of cable and
DSL services. The early sites will include most airports and
commercial establishments like Starbucks.
Another article, "Legal
Guidance, Lawyer Optional," also in many ways focuses on
profound changes taking place that will impact every
practicing lawyer. This article described how more business
owners and consumers of legal services visit sites like
LegalVantage.com to do research, discuss issues with lawyers
and access forms.
The third article previewed
IBM’s new laptop computer, "A Laptop Design Thinks Outside the
Clamshell." The story describes a new design that will appeal
especially to lawyers. The ThinkPad TransNote case looks like
"an imitation leather portfolio." When open, the left side is
the screen and the right side is a paper pad. The screen is
designed so that if you only want to read information on it,
you can do so, but if you need a keyboard, you can pivot the
screen and the keyboard is below. Additionally, if you’re in a
meeting and need others to see the screen, you can pivot it
toward them. The pad also can serve as a source for entering
data when used with the Ink Manager Pro software.
Maybe those ASP models aren’t
really as far off the mark as I initially thought. If I can
access my critical information over the Internet on a small
portable device I carry in my purse, maybe my dream is about
to come true.
What amazes me the most is that
with all these incredible tools, I still see so many lawyers
unable to think past their current procedures and take
advantage of the changes that have become available and
affordable. Take some time to dream about the possibilities
and maybe you’ll find some new and better ways to work. |