Improving your life Case management software is the key
By Carol L. Schlein
In the past few years, many
lawyers have discovered the benefits of case management
software. At the core, all the major case management products
include individual and firm wide calendars, a firm wide contact
list and a case list to manage the activities pertaining to
the firm’s cases. Once you move beyond these core functions,
the list of features differs and, more important, how they are
implemented and work in different legal practice environments
vary tremendously.
In my consulting practice, the
most frequently asked question from clients and prospective
clients is which product to choose and why. My ideal choice
would take the best features of each and combine them into a
single, perfect program. Of course, that won’t happen any time
soon!
Nearly three years ago, I did a
direct comparison of the two leading case management products:
Time Matters by Data.txt Corp. in Cary, N.C., (800-328-2898,
www.timematters.com) and Amicus
Attorney from Gavel and Gown Software in Toronto, Canada,
((416) 977-6633,
www.amicus.com).
At that time, these were the most popular case management
programs for small and medium-sized law firms. In the past
year, some of the legal profession’s biggest vendors have
begun targeting case management as a way to keep their
existing customers loyal. As a result, West has begun
marketing WestWorks (www.westworks.com) using the application
service provider (ASP) model. Essentially, this means your
applications and data are stored and maintained on West’s
computers. WestWorks currently is available only in Houston,
San Francisco and Miami, with plans for rollouts to other
cities. WestWorks requires a high-speed Internet connection,
Microsoft Office 2000 and Microsoft Windows 2000 with service
pack 1. Therefore, it won’t be the solution for firms wed to
Corel WordPerfect or those not ready to upgrade their
infrastructure to handle Windows 2000 for all other
applications.
According to its website,
WestWorks includes case management, client file notes,
calendar, timekeeping, contact information, document
preparation and management. Lexis has partnered with Time
Matters to sell a customized version that will enable lawyers
to access and connect their legal research to their cases.
While those with Time Matters can use the web component of the
program to perform similar steps with West and Loislaw’s
services, the Lexis interface is simpler to work with.
At this year’s ABA Techshow,
Gavel and Gown released Version 5. Around the same time,
Data.txt released Time Matters Version 4. I will review what’s
new in Amicus in another column.
Time Matters
Time Matters 4 has upped the
ante to its competitors by making document production and
management so elegant and simple, many users won’t even
realize they’re relying on information stored and maintained
by the program. Document production staff can press the TM
Insider button from their Word or WordPerfect toolbar and
choose a type of data record and a formattable clipboard to
prepare the document using the information pulled from Time
Matters in the selected format. If information is missing,
such as a salutation or zip code, the program can be set up to
"back fill" the missing information while the document is
being completed. When documents are connected to Time Matters,
they can be easily accessed and managed.
In my consulting practice, I
use Time Matters 3.0. I chose Time Matters more than four
years ago because then it was the only case management program
that linked with my billing program, Timeslips.
When I hear speakers or see
e-mail discussions about the two programs, the same general
observations seem to crop up. The standard comment, which I
dispute, is that Amicus Attorney, because of its graphic
design, is easier to use than Time Matters. Many firms have
implemented case management programs without outside help. To
me, these programs cannot be used effectively without some
formal training and customization by a knowledgeable
consultant. "Ease of use" is a subjective term. What’s easy
for one person may not be for another. While some people may
find Amicus’ graphic design familiar because it looks like a
Rolodex, Redwell case folder and a desk calendar, others may
find it limiting when they want to go beyond the designer’s
intentions. I recently met with a client using Time Matters
and considering purchasing Timeslips, who remarked how similar
their screens looked. Being similar to programs already in
use, in fact, sometimes can make a less-graphic program easier
to learn.
Some people define ease of use
by measuring how quickly they can begin using a particular
software program. When a product doesn’t do as much or doesn’t
allow as many options for customization, it may seem easier.
However, the tradeoff comes when you outgrow the product and
want to do more with one that isn’t as flexible.
The other aspect of ease of use
follows the initial training. Sometimes a program is easier to
learn because it can’t do as much as its competitors. For
example, if a program offers only two formats for printing
calendars, the choices are "easier," but not as adaptable to a
specific firm’s requirements. While both Amicus and Time
Matters can be customized, Time Matters wins hands-down in its
ability to adapt better and to more situations and
environments. In my experience, minimal customization makes
Time Matters a much easier program to teach and use because it
has been adapted to the firm’s needs and therefore is a more
familiar system for staff to master.
In helping law firms improve
their use of technology, I often am dismayed at how easily
lawyers will start with, "We need a ‘you name it’ type of
program to solve all of our problems." The more successful
implementations of case management start with the
identification of specific issues that must be addressed and
then determining what tools would best address that
need. Can you imagine someone starting with "I need a Mercedes
Benz because ..." Well, maybe that’s a bad analogy!
Solutions
It might be worthwhile to
mention some problems I have addressed to provide some food
for thought and assistance in evaluating the different
products.
As an example, I recently
worked with a medium-sized firm that purchased Time Matters.
Its primary goal was to provide a calendar and deadline
manager for the firm’s litigators. We spent one day working
with the firm to make sure the classification codes for the
types of events, to-do’s, contacts and cases met lawyers’
needs. We also set up Quick Tabs and column labels so lawyers
could quickly sort their lists the way they wanted.
In Time Matters, Quick Tabs can
be set up by person, case type, file number and a variety of
other options. By allowing lawyers and staff to locate records
quickly and easily, the program becomes a more useful tool. We
also set up a trial list calendar report that could be printed
while making the transition from paper records to a
computer-based litigation docket. We actually spent the bulk
of the day importing case and contact information from the
billing program. In one day, we were able to get the firm
ready to use the program. We didn’t automate everything we
could have, nor did we customize the program extensively; we
simply made it a better fit for the way the staff prefers to
work and meet their immediate goals.
We spent about two hours
providing the staff an overview of Time Matters’ capabilities
and the steps required to enter events into the calendar. We
provided materials to supplement the training and assist in
cleaning up the imported billing data. When the staff returned
to their desks, we answered any questions as they began
working with the new program. They used our services only the
first afternoon. We have checked several times and the firm is
very pleased with the new computer-based calendars and has
begun exploring other program functions such as adding notes
to case records and using the messenger and phone message
features.
Another firm had been using
Microsoft Outlook for e-mail, contact list and individual
lawyer calendars. While they liked the ease with which
individual lawyers could sync their Palm Pilots to their own
contact lists and schedule, they were frustrated by the
difficulties in trying to use Outlook to combine information
from everyone in the firm.
Integration
Using Time Matters to manage
calendars, task lists and a contact list has enabled the firm
to begin doing more pro-active marketing and avoid much of the
duplication inherent in its old system. To my knowledge, Time
Matters is the only legal case management program that allows
firms to handle the Internet and internal e-mail within it.
This means one can send and receive e-mail using programs like
Outlook and a copy of the message is saved within Time Matters
to be connected to the appropriate case. The ability to see a
complete picture of activity concerning a case including three
screens of custom fields of information, notes, phone messages
with their notes, incoming and outgoing e-mail messages and
documents makes Time Matters my favorite case management
program.
Some case management programs
organize information by providing a basic screen for each case
and special fields for the type of case. In Time Matters, you
connect the codes that define your case types to a Form Style
that can overlap with other cases or have unique fields —
there are more than 11 types of fields with even more options
for those fields in Version 3, and 15 types of fields
including calculations with formulas in Version 4. The Form
Styles work on all the main record types — events, to-do’s,
contacts and cases. This means you can have plaintiff and
defendant labels on a litigation matter and change the labels
to buyer and seller for a real estate closing. This feature is
sophisticated enough so you also can pull a clients’ Social
Security numbers from their contact record into their
estate-planning case screen or their case’s docket number into
the event screen. While these are easy to work with, making
major changes to the basic design of any database must be done
methodically and with forethought. I recommend that my clients
live with the program as it is shipped for a little while
until they understand the tradeoffs of different designs.
Merging
Several clients who have active
litigation practices improved their calendaring by setting up
a merge template that sorted upcoming court dates into a table
format that included the date, time, location, case name,
number and judge, while leaving the last column open so the
managing partner could schedule the lawyers. The firm
administrator entered lawyers’ initials in the staff portion
of the events field and created a second version of the report
so lawyers could sort them by date. At one firm, these two
reports replaced a nearly 15-page weekly docket report.
Needless to say, that client was happy with the results.
The built-in report options in
Time Matters are extremely flexible. For calendars, there are
daily, weekly and monthly views with many options and filters.
Additionally, one can create six other pre-set options from
the event list. If none of these work for your firm, there
also is a built-in report writer that lets you design your own
form with fields and layouts. Although they sneaked in the
ability to print lists based on the columns sorted on the List
Layout that provides one user-defined sort option, some of my
clients require multiple levels of sorting, e.g., by attorney,
date and court. We were able to accomplish this by creating a
merge template, nesting a macro that used the sorting options
of the word processor to further massage the information.
While some people might see these options as overwhelming, it
is usually clear which one will be the best fit for a
particular need and none of them are difficult to set up or
use.
Chain reaction
Purchasers of case management
systems have always been attracted to the notion that
implementing one of them will organize their office. Most of
these programs include a function allowing you to set up a
chain of activities based on a starting or ending date. For
example, if you’re preparing for a real estate closing, the
base date would be the date of the closing. Beforehand, you
might have a checklist of items, such as preparing and sending
certain documents, making phone calls and receiving specific
papers. Some of these items also may be dependent on other
activities. After the closing, there may be a few follow-up
items, such as preparing and sending a closing statement to
clients.
Time Matters lets you set up
chain templates using triggers when a defined activity occurs.
These chains can include a combination of events, to-do items,
messages and documents. Separately, these functions are
useful, but together they can help a firm avoid malpractice
and service their clients more effectively. One client is
using these tools to manage its depositions. When scheduling
one, the lawyer must reserve the conference room and send
letters to the adversary, client and court reporter. These
letters are started through the trigger connected to the event
record when a deposition is entered. When the adversary
schedules a deposition and that is added to the calendar,
another trigger launches a letter notifying the client.
Another firm uses the trigger function to add a follow-up
to-do or phone call for each lawyer when specific types of
documents are prepared. This reminds lawyers to call the
client if they haven’t received a response to a critical
letter or document.
According to most surveys I’ve
seen, only a small number of law firms use any case management
product. No matter which you choose, you must prepare yourself
and your office to ensure a successful implementation. Firms
fail in implementing case management programs by starting with
unrealistic expectations about the time commitment required to
set it up, complete the conversion and cleanup phases. Most
times, firms will be converting a contact list, case list or
calendar from other sources. They will expect the new system
to flawlessly accept the data and not allow time for cleanup.
This extra work at the front end will pay off over time, but
often can sabotage a new system when employees become
frustrated by all the extra steps suddenly required to prepare
a simple letter.
Consider a typical conversion
situation: The source information comes from the firm’s
billing system. This means the contact list consists solely of
the firm’s clients. None of the judges, adversaries, vendors,
experts or other people the firm may deal with have been
entered in the case management database, even though old
correspondence to them may have been saved. Compare adding
several new contact records and connecting them to a case with
copying an old letter to make a new one and you start to see
the beginnings of a failure.
The best thing to do when
implementing a case management system is to set everyone’s
expectations realistically, focus on the features that were
the reasons the program was bought and customize it slowly as
everyone understands the implications of different design
options. I usually tell clients they will hate me for the next
several weeks, but in a few months when the data is cleaned up
and they’re comfortable with the system, they will wonder how
they survived before case management. |