In the past few years, an entire category of software has changed its classification. Case management vendors now refer to their products as practice management programs to reflect a change in both scope and function. Earlier versions of the leading case management programs focused on helping lawyers manage case-related information. The shift to practice management is a result of these applications being used for managing the firm’s practice, not just its cases.

Years ago (the dark ages of the 1980s when computers used DOS instead of Windows), the precursors of these products were categorized as “docket management” programs. Going slightly beyond a general calendar program, these products allowed busy litigators to include a case reference in connection to calendar events and statute deadlines. They were completely separate from every other law office program. Few firms outside heavy litigation practices even used these programs. In larger firms, they might be used only by a docket clerk who would print daily or weekly calendars for each attorney.

As the personal computer software business matured, these programs grew both in features and complexity. In the past few years, the leading products have stretched their tentacles to connect to the other programs lawyers use. Most of these programs have document assembly and management features as well as connections to many of the leading billing and accounting programs.

In the past two years, several vendors have moved directly into their competitors’ territories. For example, Alumni Computer, which makes PCLaw, has added many case management components to its billing and accounting program. Data.txt, owner of Time Matters, a leading case management program, now offers Billing Matters to handle the billing functions without requiring a link to another billing program, although those links are still available. Software Technology, maker of TABS, greatly enhanced its Case Master and now offers Practice Master. Abacus Law has joined forces with Dapix to offer a billing program that works closely with the case management information in Abacus.

According to surveys, the number of law firms using a case or practice management program has increased but there are still many that have not implemented a case or practice management program. Some firms cling to Microsoft Outlook and fail to distinguish between a general contact, calendar and e-mail management program and one that includes a case component along with links to popular legal applications. While Outlook has its merits, the way it is used in many offices is primarily for managing e-mail. 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, lack the structural design to manage case related information.

In helping law firms improve their use of technology, I’m often dismayed at how easily lawyers will start, “We need a ‘you name it’ type of program to solve all our problems.” The more successful implementations of case management start with the identification of specific issues to be addressed and then determining what tools best address that need.

At their 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 information and activities pertaining to the firm’s cases. Moving beyond these core functions, the features differ and, more important, how they are implemented and work in different legal practice environments varies tremendously.

Shifting focus

One of the biggest changes for firms when they begin using a case management program is their focus shifts from other applications, particularly word processing or a timekeeping program. Case management programs fundamentally alter the way attorneys work — always for the better. Any of the leading case management programs enable users to maintain individual and firm wide calendars on the server, access a firm wide contact list and a to-do list. When used religiously to track firm activities, these products become the focal point of the office. Only when preparing a letter or generating a bill is it necessary to switch to a linked application like word processing or billing.

The leading case management programs for small and medium sized law firms are Abacus Law from Abacus Data Systems, 800-726-3339, aba-cuslaw.com; Amicus Attorney from Gavel and Gown Software, 800-472-2289, amicusattorney.com; and Time Matters from Data.txt Corp., 800-328-2898, timematters.com.

If you compare the features and functions of these products in 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 are very different. Similarly, all these programs allow the use of stored information to merge into documents, but the options available from each manufacturer are dramatically different.

Strengths and weaknesses

In choosing a case management program, remember each product has strengths and weaknesses. What one person sees as a strength will be a weakness to another. For example, Time Matters has the most options for customization. To some lawyers, this is a major advantage over the competition; to others, the degree of customization makes the program too complicated and harder to implement.

Also consider your office’s other current applications when choosing a case management program. The ability to handle case information and billing in one program or with a good link between them can be a huge timesaver. Similarly, examine how they share information with Word, WordPerfect and some of the document assembly programs. Time Matters adds three icons to the Word or WordPerfect toolbar allowing you to start documents in either the word processor or in Time Matters. Practice Master lets you use the merge function in Word but requires you to add Hot Docs to create documents for WordPerfect.

It’s important when deciding on a case management program that your entire firm commit to using it consistently. The real benefit of any of these programs comes from the accumulation of information about clients and prospects. For example, if you enter a phone record and notes about each potential client, you can later refer to it when the person calls back to hire your firm. Just remember, it requires effort and discipline to get the value from these programs.

If you’ve decided the firm needs a case management program, there’s probably a function not being done well in your existing systems. 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 use them or are thinking of using them. Don’t overlook printed reports either. There are major differences among the programs in what information can be printed 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 hiring a new partner or associate. At the beginning, they’re brought into the firm to fill a specific, defined need. As your comfort with them grows and their familiarity with your clients increases, they will handle tasks you didn’t envision when hiring them. The same is true about adding a case management product to your 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. Make sure your choice can grow with your needs.

Support

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 sharing with you how other firms have used the program. All these companies have a network of certified consultants who support their products.

Whatever your choice, 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 them up as well as the conversion and cleanup phases. Many 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 anticipate or budget time for cleanup.

This extra work at the outset will pay off over time but can often sabotage a new system when staff get frustrated by the extra steps suddenly required to add an appointment or prepare a 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 others the firm may deal with have been entered into the case management database even though old correspondence to these people 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 you can do when implementing a case management system is to set everyone’s expectations realistically, focus on the features that were the reason you bought the program and customize it slowly as you learn the implications of different design options. I usually tell my clients they’ll hate me for the next several weeks but that in a few months, they’ll wonder how they managed before.

Carol L. Schlein is president of Law Office Systems in Montclair, a training and consulting firm specializing in law firm automation. Copies of previous columns are on her company website, www.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 or mailed to “Law Technology Questions,” New Jersey Lawyer, Edison Square, 2035 Lincoln Highway, Suite 3005, Edison, N.J. 08817.