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Electronic Filing: Is Your Firm Ready?
  By Carol L. Schlein

There's an electronic revolution in the courts. An internet search for "electronic filing NJ" calls up information about a variety of courts and government agencies that now accept documents by e-mail. Electronic filing is rapidly becoming an option in many courts in the state. For example, the U.S. Bankruptcy Court instituted mandatory electronic filing last week and the U.S. District Court here will unveil its Case Management/Electronic Case Files (CM/ECF) in little more than a month to replace its aging PACER software.

In addition, some state agencies handling administrative hearings and procedures also are establishing guide-lines for electronic submissions. While some requirements are similar from one entity to another, there are no across-the-board standards for different courts and venues. Fortunately, however, the basic tools to submit pleadings electronically are well-established and easy to obtain and master.

Lawyers anticipating filing online should do themselves and their staff a favor: Get a high-speed internet connection - either DSL (digital sub-scriber line) or cable modem - to minimize the sending time. Don't be shortsighted and get access on only one or two terminals - make it easy for anyone in your office to submit filings from a desktop. Yes, this opens the possibility that someone will spend more time surfing than working. How-ever, remember that providing internet access is not a personnel problem by itself. Lawyers using dial-up services like America Online for e-mail may want to switch to a provider like AT&T, Earthlink or Comcast to more easily control sending and receiving attachments.

The other critical requirements for electronic submissions are a compatible word processor and a tool to convert documents into Adobe Acrobat's portable document format (files identified as .pdf). Most courts allow documents in either Corel's WordPerfect or Microsoft Word. Those on an older version of either may want to upgrade to the latest version. For example, be-ginning with WordPerfect 9, users can save documents directly into .pdf with-out separately purchasing Adobe Acrobat.

People often confuse the free Adobe Acrobat reader with the full-featured Adobe Acrobat. Besides the $200 difference in cost, the full product lets users not only view .pdf files, but create their own from existing word processing documents, spread-sheets, slide show presentations, etc. When installed, Adobe Acrobat adds icons to many popular programs' tool-bars, which makes it easy to "print" a document to the Adobe format. Additionally, it supplies a driver to enable "printing" to the Adobe distiller printer and create a .pdf file from information on the screen.

Full Acrobat

Even with the latest word processor, you may want to purchase the full Abobe Acrobat for additional functions. These include the ability to limit what recipients of your documents can do with the .pdf files. For example, you can prevent receivers from printing your document or add password protection to ensure the file doesn't get into the wrong hands. You can annotate .pdf documents received from others, add highlighting and bookmark important sections. Adobe Acrobat also has become a leading tool for scanning documents, especially with Version 6, which permits conversion of scanned documents into text using its Paper Capture tool. In prior versions, the Paper Capture add-in had to be downloaded from the website and was limited to 60-page documents.

You may find it helpful to purchase a scanner with a flat bed and document feeder. If, as part of a submission to the court or government agency, you must include documents created out-side your office, you must scan them to create a digital image that can be included with your submission. Adobe Acrobat is one of the easier tools to accomplish this.

Most courts and agencies require a registration and verification procedure. Some courts also may require an initial fee and a usage fee for each filing. Also, be prepared to supply a credit card for billing.

Most entities have a trial period for new systems when electronic submission is still an option. When - as with the U.S. District Courts - electronic filing becomes mandatory (it's not required for pro se filers), attorneys are expected to have mastered the steps and comply with the requirements. The courts and agencies have offered training and assistance during pilot periods. Invest the time to resolve any potential problems before mandatory electronic filing takes effect.

Be sure to master the courts' online tips for submission formats. When preparing documents to be converted to .pdf, be sure the document looks right in Adobe before sending it. Double-check the file by opening it using either the Adobe reader or the full pro-gram before sending it to the court, your client or an adversary.

Federal filing

Many federal bankruptcy and trial courts require filers to use Netscape Navigator version 4.6 or higher rather than Microsoft's Internet Explorer. Fortunately, a free copy can be obtained from netscape.com. If you generally use Internet Explorer for re-search, you may want to set up Netscape so that it opens directly to the court's submission page.

The U.S. District Court for New Jersey will allow attorneys to file and retrieve documents using its CM/ECF docketing system. It was developed by the Administrative Office of the U.S. Courts and already is in use in the bankruptcy courts and many federal trial courts nationwide.

Lawyers practicing before New Jersey's District Court will need Netscape Navigator 4.6 or higher. The court considers a document officially filed when the electronic submission is concluded. It must be completed by mid-night to be considered filed that day.

Paper filings require signatures. Electronic filings are considered signed by using a court-assigned log-in and password. To register on the court's website, an attorney must be admitted in the District of New Jersey.

Registered attorneys not only can file documents, but also can obtain copies of other pleadings in their cases. To submit a document, open Netscape Navigator, go to pacer.njd.uscourts.gov. You will be asked for your ID and password, the case number, name of the client and the type of document being filed (answer, motion, etc.).

Once the document is transmitted to the court's system, a receipt will be sent to verify the case docket sheet was updated and is available to those with access to the system. A notice also is sent to all parties who have agreed to receive electronic filing.

Exhibits and attachments that cannot be submitted electronically can still be filed as before, but allow ample time.

Firms can pre-pay filing fees and have specific amounts deducted. It is anticipated courts will accept credit card payments in the near future.

It's a new world for the courts and attorneys. Even if you're not handling federal cases, it's wise to get your firm technically ready for electronic filing.

Carol L. Schlein is president of Law Office Systems in Montclair, a training and consulting firm specializing in law firm automation. She was named Technolawyer's legal consultant of the year for 2003. Previous columns are on her company website, losinc.com. For information about her quarterly meetings for Time Matters users, check the website or e-mail info@losinc.com. Schlein formerly chaired the Computer and Technology Division of the ABA Law Practice Management Section.

Questions for Carol L. Schlein on law office technology may be faxed to New Jersey Lawyer at (732) 650-7010, e-mailed to news@njlnews.com.
 




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E-mail: carol@losinc.com
 

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