| 25
Benefits of Case Management |
| Date:
April, 2002 |
Downloadable formats:
Word  |
| Questions / Comments?
Please contact Dave Bilinsky
|
| Copyright ©
2002 The Law
Society of British Columbia |
25
Benefits of Case Management in 40 Minutes
Lawyers often ask about what software they can bring into their
practices to assist them in running their practices better - more
effectively, efficiently and with less time involvement as compared to a
paper-based system. Paper-based systems have been with the practice of law
for as long as there have been lawyers practicing law - and have done
yeoman's duty during that time. Any argument to change to a different
system must address real benefits to be achieved by the new system - and
not simply how to do the same tasks faster.
Case management software draws together your desktop calendar, your
list of contacts, your filing system, your to-do and deadline systems and
your time-keeping systems and wraps them up into one package. In most
cases each individual program goes much further when interconnected and
adds additional functionality to the system. For example, the latest
version of Amicus Attorney (version 5) extends the communication handing
that draws together your telephone call slips and messages and your email
and will link to Outlook and associate all these calls, messages and
emails with your files in Amicus.
This paper addresses the benefits that can be realized by adopting an
electronic case management system. It is based on the author's
experience with Amicus Attorney and, except where noted, the benefits to
be realized apply to most of the more popular legal case management
systems available in the market today. Other well-known products include
Time Matters, ProLaw and the Integra Office System. Some of these benefits
may also be realized by adopting contact management software (Microsoft
Outlook, for example) - but contact management does not offer the full
potential of integration with other legal systems software (such as
accounting software, document generation software or time and billing
software) that case management developers have strived to develop. Nor
does it have the ability to track and manage client file details or record
billable time.
In the final analysis, the most effective tool is one that is actually
used. The purpose of visiting the benefits of case management is to
reflect on your own practice and weigh the advantages offered by case
management against your own firm culture, its adaptability to change, its
ways and means of doing things, the personalities involved and the
willingness to unlearn old habits in favour of new approaches. It is a
testament to the appeal of case management software that the three most
popular case management systems easily have over a quarter of a million
users among them - and this is growing rapidly. Benefit #1 - Case management can
organize your day
Case management software replaces the lawyer's desktop calendar with
an electronic calendar. The advantages of changing to a networked,
electronic calendar are as follows:
- Calendar appointments - can be created by clicking on any time on
any day and creating an appointment.
- If the appointment date or time changes - you can drag and drop or
click and move the appointment to the new date or time.
- If you create a conflicting appointment - the software will warn
you of the conflict - no accidental double-bookings.
- Your secretary (or anyone else in the firm if you wish) can see your
schedule and make appointments for you - without having to knock on
your door to ask for your calendar.
- Your case management software will warn you of upcoming appointments
(alarms for meetings). Amicus Attorney has "Peggy" who is
one of the most friendly and professional alarms available today.
- You can take an appointment entry from your calendar and by a few
clicks, convert it into a time and billing entry.
- Your calendar appointments can be loaded onto a Palm organizer (a
portable "personal digital assistant" or "PDA")
and carried with you - and any changes that you have made to your
calendar - or changes that have been made by your office to your
calendar in your absence - are shared (synchronized) on your return
and both the computer calendar and your Palm organizer calendar will
reflect all the changes. Moreover, alarms that you have created for
meetings in your computer calendar will be transferred to the Palm
organizer and - even if the Palm is turned off - it will wake up
and warn you of an upcoming appointment.
Benefit #2 - Case management can
organize your firm
- Often, trying to schedule a partners meeting can be a headache -
trying to compare everyone's calendar for a common free time. Case
management simplifies this - you can display the master schedule and
select the people (and the room) that you wish to bring together and
then search for the first 30 minute (or 3 hour or whatever time)
period between 9-5 (or whatever hours are relevant to you) that is
free for all concerned. Moreover, once you have found this free time,
you can schedule one appointment that is shown on everyone's
calendar - with just a few clicks. Amicus Attorney has this master
schedule feature.
Benefit #3 - Case management can manage
your deadlines
Lawyers rarely lack for things to do - most of the time it is a
battle deciding which of the Hydra's heads to cut off just at the
moment. Case management offers the ability to juggle deadlines and dates
as follows:
- Your electronic calendar has a "to-do" area - which
carries forward your "to-dos" until they are marked
"done." No need to continually rewrite lists of to-dos.
- Amicus Attorney will indicate how many days each to-do has been in
your system and how many days remain until the deadline date (or days
past deadline, if this is the case).
- Your to-dos can be converted to appointments - thereby carving out
time in your schedule to do your tasks - usually by a "drag and
drop." This ability to carry to-dos and use them to block off
time in your calendar allows you to quickly take your priority items
and create time in your calendar to get them done!
- To-dos can be embedded in your calendar - indicating tasks that
have to be done in the future but need not clutter up your present
to-do list. Examples are limitation reminders, bring forward
reminders, preparation reminders - anything for which you need a
memory prompt. They will pop up on your to-do list when the requisite
trigger date is reached.
- When you use the case manager to track and log your calls, you can
create a follow up reminder for the business discussed during the
call.
Benefit #4 - Case management can make
you more $$ by doing automatic time and billing entries
- We have already mentioned the ability to take an appointment from
your calendar and by a few clicks convert it into a time and billing
entry. This feature is available in other components of case
management.
- You can take a to-do and click on it to indicate that it is done -
case management software will then prompt you to create a time and
billing entry from the entry.
- Amicus Attorney has a Communication Center that records all your
incoming phone calls. When you click on a phone message indicating
that you have returned the call - Amicus Attorney will prompt you to
make an automatic time and billing entry from the phone slip or email.
You can also record a note regarding the call and put it on your file
in Amicus, thereby giving you fingertip access to your communications
record on a file or with a particular contact.
Benefit #5 - Case management can do
some of your work for you
- Most case managers have the ability to generate documents using the
contacts in your database. Amicus Attorney has a feature called the
"DO" button. Click on the DO button within a
"to-do" to call someone. Amicus Attorney will then time your
call, make a reminder to follow up the call, and make a time and
billing entry.
- Case management systems will generate documents - retainer letters
and agreements, fax cover sheets and the like - using the
information in your contact database. Moreover, Amicus Attorney will
time this task and create a time and billing entry for you for this
work.
- The DO button can do virtually anything your computer can. Call it
"Intelligence Assistance."
- Amicus has announced "Amicus Assembly" - a sophisticated
document assembly package that will automate the production of
standard documents.
Benefit #6 - Organizes your information
on each client file
- Open the File Information Module/Section in any case management
software - in there you will see a description of the case, the
parties in the case and all contact information, notes on the case,
things to be done, logs of the calls and lists of the documents
generated for the file - in other words, an up to date index of the
file - without having to locate the paper version. Great to get an
update on the file when your client or the lawyer on the other side
calls - you can pull this information up on your screen while making
small talk and be up to speed on the details lickety-split.
Benefit #7 - Keeps track of all the
people in each file
- In an Amicus client file, click the "add person" button
and see how you can add someone who is already in your database (such
as another lawyer), a client, an expert - and note how all their
contact information is now associated with the new file - without
having to rekey in any information.
- Contact information changed on someone? Make the update once and -
since all contacts are in a common database - this update is
immediately reflected on all files involving this person.
- This "file-oriented" approach is the major difference
between a contact manager (such as Microsoft Outlook) and a legal case
manager.
Benefit #8 - Coordinates your
communications with all the people in each file
- Open an Amicus client file and see the people associated with that
file. Click on the telephone call icon for any of them - your call
on that file is now being logged, your billable time is being
recorded, and your notes of the conversation are being associated with
the file. In Amicus Attorney you can click on the "show
calls" button and review the calls with that person - or within
any of the modules in Amicus Attorney you can click on the "i"
info button beside a contact name and see the contact card for that
person. You can then create a time and billing entry (through a few
clicks), print up a memo for the paper file (using the print memo
button in Amicus Attorney), create a follow-up reminder (again unique
to Amicus Attorney), print up a fax cover sheet to the person with
whom you have just talked, create an email to that person instead -
and have all this information associated with your file.
Benefit #9 - Organizes linked events
according to defined schedules
- OK, so you have to create a pleading and the response must be filed
within X days - how can you use your case manager to manage this? By
using linked events.
- Create a to-do with a deadline to file a pleading.
- Next create a to-do to check if a Reply is filed 14 days after the
original pleading is served.
- Link the second to-do to start clocking days once the first to-do is
clicked as being "Done."
- Now you don't have to worry about changing the date for checking
on the Reply since the two events are linked - if the first date
changes, the second date will change accordingly.
- The "chaining of events" for particular kinds of files can
be saved as a precedent - for example, you can create a chained
check-list of to-dos of all your usual pre-trial checks and production
deadlines including expert evidence production dates for a personal
injury file - and once created, you can reuse that precedent on
every personal injury file.
- This "linked events" power can be used to create
precedents. I know of an intellectual property lawyer who has
established a 200 event "claim" that tracks a patent filing
and all steps that must be taken along the way, using the initial
filing date as the start. This was done with ProLaw.
Benefit #10 - Lets you keep all the
documents on each file at your fingertips
- You have a case starting that will involve pleadings, transcripts,
memos, telephone call memos, photographs, written evidence, tapes of
telephone calls - in other words, diverse forms of information that
will become integral to the file. Ordinarily this evidence must be
stored in the paper file or in "buckets" or otherwise
physically organized to be accessible to the lawyers and their experts
in the case.
- Case management offers a different method. First, convert all this
information into digital form - the paper documents can be scanned,
and image and OCR (optical character recognition) files created. Audio
and video evidence can also be converted to digital forms. Photographs
can be scanned. In fact, virtually all information today can be
converted to digital form.
- Second, go into your case manager and open the file in question.
Every case manager will allow you to associate a document on a CD-ROM
or on your hard-drive with a file in your File Manager. Once you have
done this, you need not cart around any of the physical evidence with
you again. You can call up the file, scan the documents and
double-click on any particular entry to view, hear or see the evidence
directly on your computer screen. Beats carting around boxes of
documents with you where ever you go.
- Amicus Attorney also works with PaperPort software to scan and then
store images of documents on the "brad" for a file (the area
on each file that is akin to information typically held together in a
physical file by a pin or clip).
- Amicus Attorney V has "the Library" - where you can
store legal opinions, memos and precedents among other things, and
place them together with lists of web sites that you find useful in
your practice - in effect a one-stop shop for finding knowledge at
your fingertips.
Benefit #11 - Automatically generates
documents using information from files
- Case management software can create a fax cover sheet, a retainer
agreement, a letter - even a pleading - by sharing information
with your word processor (or with software such as Hot-Docs).
- You can create your own set of precedents to work in this way.
Benefit #12 - Provides you with
customization ability and reports tailored for your practice
- All case management software packages can be configured or
customized. Amicus Attorney comes with the Administrator which allows
you to create custom fields, precedent forms for automatic document
generation and custom information on the "brad."
- Amicus Attorney has been programmed with many of the actions done
for you - no need to customize (i.e., the DO button or the Print
Memo button or the "i" button).
- Amicus Attorney allows 50 custom fields, and custom layouts, per
area of law (file type), enabling you to store different custom
information for each different type of file you have.
- You can also set up 20 custom fields for contacts.
- Amicus Attorney allows you to customize your lists and categories
- your list of file types or areas of law, contact types (i.e.,
judges, expert witnesses, etc.), appointment categories (i.e., court,
mediation, etc.).
- Amicus Attorney allows customization of documents. All the
information stored in the custom fields that you have set up by file
type can be used when generating documents - thereby allowing you to
create a custom set of 'templates' for specific areas of law.
- Amicus Attorney allows customizable reports.
- All other case management software has the customization ability.
Benefit #13 - Ensures that you NEVER
forget to return a telephone call or email
- All case and contact managers will log calls. All case management
software programs will allow you to create a time and billing entry
and a reminder from a logged call. Amicus goes a few steps further by
incorporating the Communication Center module into the system. The
Communication Center is currently unique to Amicus Attorney.
- The Communication Center organizes all your phone calls and emails.
New telephone messages are taken and appear in your Unreturned Calls
tab in Amicus. They contain the caller, the file information and
whether or not the call is urgent (if it is, then it appears on top of
whatever else is on your desktop and an audible phone alarm is
triggered on your desktop.
- From your call slip you can return the call, make notes about the
call, create a call-back reminder, convert the phone message to a
to-do, create a time and billing entry and print a memo about the
call.
- All your phone messages remain under your unreturned calls tab until
you click "Returned." In this way you never miss or lose a
phone message.
- Since all calls are logged and timed, you can say to someone
"yes, I returned your call at 11:07 on the 14th and
spoke to your secretary - I left word for you to call after 4 pm
that day."
- You can retrieve a list of all calls, all messages and all emails
for a particular client or for a particular day, directly from your
desktop. No running for the physical file!
Benefit #14 - Case management makes it
easy to keep track of all your billable time
- Some case managers will track and log your time. This makes the task
of keeping and logging billable time easier. Studies have shown that
people who track their time contemporaneously with completing tasks
log 20% more time than those who log their time at the end of each
day. Amicus Attorney takes this task a bit further by prompting you to
do a time and billing entry whenever you complete a task - such as
making a telephone call, completing a "to-do," etc.
- Amicus Attorney is unique in having a full Time Sheet module -
which further enhances your time keeping.
- The Time Sheet shows a continual updated total of your billable time
as you progress through your day.
- Furthermore, the Time Sheet keeps statistics on how close you are
coming to your targets for billable hours per day, per week, per month
and per year. This statistical analysis of your time is unique to
Amicus Attorney and allows you to keep on top of your billable goals
- and those of your associates as well.
- Case management software packages that record time will export your
time directly into various accounting systems. Amicus Attorney
interfaces with 24 preset systems and has a client and file link with
Timeslips, Quickbooks, PCLaw, and Tabs III - which eliminates the
need to enter your client information twice.
- In the File Manager you can set a warning trigger - to notify you
if the billable time on a file exceeds a user-defined preset. This
means that you can determine to be notified if the total billable time
on a file hits a certain number - necessitating a file review or
decision. In this way you can prevent files from becoming unwieldy
monsters.
Benefit #15 - Case management - no
double-entry of information
- Computerized case management software benefits from integration -
meaning that information once entered into the system need not be
rekeyed. Information that is entered once is re-used whenever it is
needed. Amicus Attorney is a very 'pro-active' system, completing
much of the information for you.
- An example of this is marking a task such as returning a phone call,
or clicking a "to-do" as being done - which generates a
time and billing entry in Amicus.
- Furthermore, since all information is shared, corrections are made
once - and are immediately reflected elsewhere in the system -
e.g., phone number changes. This saves staff time, it ensures
consistent information across the firm and saves embarrassing moments
when mail is sent to an old address.
Benefit #16 - Provides you with
pro-active advice about managing your practice
- Case management software will provide you with feedback on how you
are progressing.
- Amicus Attorney will prompt you if you haven't opened a file in a
user-selected time period - to ensure that you are continually
bringing in new business.
- Amicus Attorney will remind you to call a client according to a
user-defined time period - ensuring that you keep in touch with all
of your clients.
- Amicus Attorney will prompt you if you haven't looked at your
"To Do Someday" list - reminding you that there is a
bigger forest if you get lost in the trees.
- Amicus will remind you if your regular "to-do" list is
getting too long - you need help or you need to delegate some of
your work to others.
- Amicus will also remind you if you have missed any deadline dates or
have gone over-budget in terms of billable time on a file.
Benefit #17 - Pro-actively reminds you
about business development activities and helps you keep in touch with
clients
- Amicus Attorney's Dailies will remind you if you have not opened
any new files lately.
- Furthermore, Amicus Attorney will prompt you to keep in touch with
your contacts.
- Amicus Attorney will remind you if you have not posted any entries
within a certain time on a file, reminding you not to allow files to
go stale and unworked.
Benefit #18 - Helps you avoid
malpractice claims/conflicts
- Case management software allows you to search your Contacts list to
determine if you have a conflict regarding a new potential client.
- In Amicus Attorney you can check for conflicts while making small
talk with the potential client by searching your Contacts - for
example for "Smith" - and then asking the caller her full
name and address: if it matches the Catherine Smith on Elm Drive in
your system you can politely decline to speak to her further.
Furthermore, you can then view the "All Files" option when
viewing the contact - if they are attached to any file it will also
show you the 'role' they play (party, lawyer, consultant, witness,
etc.).
- You can also file away limitation reminders in the Calendar
"to-do" section - to remind you of upcoming limitation
dates.
- Furthermore, Amicus Attorney will warn you if no time entries have
been made on a file within a set period of time.
- You can set up a precedent to include a "report to client"
as one of the steps to be taken after an appropriate period of time
has passed or step has been taken on the file. This will create a
to-do on your calendar to keep the particular client informed and
avoid one of the main complaints of clients - namely of their lawyer
not keeping in touch.
Benefit #19 - Lets you work from
anywhere
- Amicus Attorney allows you to disconnect your Notebook from the
office network, work independently, and then synchronize your data on
reconnecting.
- All case management software packages come with a version that is
networkable or a client-server edition.
- Most case management packages can be accessed remotely - either
with dial-up access or via the Internet.
- Most of the case management software packages are now capable of
transferring their contact, to-do and calendar information to your
Palm organizers (or Palm OS devices such as the Handspring Visor).
Amicus Attorney allows you to synchronize your data between your
desktop and your Palm organizer on reconnecting.
- AAI - Anywhere, Anytime Intelligence - Amicus can email you
information anywhere you are - even if the office is closed -
provided your server is connected to the Internet. You can receive
this information on a wireless PDA (personal digital assistant) such
as a Palm Pilot or RIM Blackberry.
Benefit #20 - Lets you manage your
intellectual assets
- Amicus Attorney has "the Library" - a knowledge
management resource built into the software.
- You can organize your firm's precedents, your firm's research
(memoranda and opinions), and other "unshelved" materials.
This allows you a uniform and consistent method of building up your
firm's intellectual property and making it available to others in
the firm for greater effectiveness, efficiency and increased billings.
- You can use the Library to serve as a "jump-off" point to
your on-line research services such as Quicklaw, e-carswell, WestLaw
or Lexis-Nexis. Amicus has info-at-your-fingertips about the services
available within Westlaw, for example, such as KeyCite, WestDoc, West
Legal Directory and provides insight on how to access these services
and what you can expect by way of what they provide. The Library
facilitates the capture of disbursements for such services, and
generates a usage log for your librarian. As is expected with Amicus,
billable time entries can be automatically generated for the time
spent on the research. Connecting to the on-line services can be
simplified by automatic provision of passwords and billing details for
selected services.
- Amicus comes with many on-line resources already included - and
you can build and add to the list.
- The Library can also be used as an Intranet resource by your office
librarian, who can use the Library to provide information to everyone
on how to best use each on-line resource.
- Once you have conducted your research, you can save the results to
the client's file - ensuring that it is also available "at
your fingertips."
Benefit #21 - Case management works
with your document management software
- If you're looking for a document, Amicus Attorney's built-in
document management capabilities allow you to search for documents on
a particular file, on all files or on all files for a particular
client. Find any document attached to your files by searching on its
full text or on a document summary profile.
- For those with Worldox, Amicus Attorney has a dynamic link with
WORLDOX, the most popular document management software (Technolawyer @
award, 2001).
- This integration ability allows you to attach Worldox documents to
the file "brad" (the Amicus Attorney electronic file) so
that Amicus organizes all the relevant information on your file (along
with telephone messages, telephone calls, emails and documents).
- If you create, modify or delete a Worldox profile when offline in
Amicus Attorney, then the changes are updated automatically when back
online.
Benefit #22 - Case management
calculates dates for you
- You need to calculate forward dates constantly as a lawyer - from
limitation dates to dates dependent on trial schedules and the like.
- The Date Calculator built into Amicus Attorney allows you to
calculate the number of business days, calendar days, weeks, months
and years before, after or between any day or set of dates.
- If a reminder falls on a weekend or statutory holiday, then you can
pre-select if you want to see the reminder before, during or after the
weekend or holiday - so that you never miss an important deadline.
Benefit #23 - Case management works
with CompuLaw to calculate deadlines (this will be of particular interest
when CompuLaw releases Court Rules Databases for Canadian jurisdictions)
- Amicus now integrates with CompuLaw's Court Rules Databases. This
allows Amicus Attorney customers to schedule court dockets
automatically according to State and Federal court rules. Users can
schedule dozens of related dates in just seconds. Appropriate
deadlines are entered instantly into the user's calendar.
- Further, CompuLaw/Amicus Attorney Version V users have the ability
to take advantage of CompuLaw's Jurisdiction Selection ExpertsT.
This feature allows users to schedule the correct deadlines for any
jurisdiction, by accessing Windows "Explorer-style" trees,
eliminating the need to learn cryptic codes.
- The Verify CompuLaw Events feature has been replaced with the
CompuLaw Date Maintenance feature. Now, when CompuLaw's rule sets
change, the user's calendar in Amicus Attorney will be automatically
updated, saving even more time.
Benefit #24 - Case management software
can give you the "30,000" foot view on your practice
- The Dailies feature allows you to take a moment and answer the
question: "What's going on today?" This feature provides
you with an overview of your practice, your firm, the legal community
and the world around you.
- At the start of your day Amicus Attorney goes through your system
and prepares a report on things to which you need to pay attention.
These practice reminders include items such as:
- today's critical events (those items tagged as
"critical" in your calendar),
- advice on managing your to-do list (if items are becoming a little
stale),
- reminders to make or post time entries (so your accounting system
has an accurate snapshot of your billable time),
- suggestions for business development and internal announcements
from your system administrator.
- You can go back to the "Dailies" at any time of the day to
regain your perspective and gain a quick appreciation of your
outstanding to-dos, unreturned telephone calls and emails and your
daily appointments. This ensures that you don't end the day without
at least being reminded that you had to do something before you left!!
Benefit #25 - Case management helps you
sleep at night
- Case management software can help you avoid those
wake-up-in-the-middle-
of-the-night-did-I-remember-to-file-the-action-on-the-Smith-matter-in-time
nightmares.
- Once you have implemented case management, you can allow the
software to look after those features that once kept you up, such as:
- limitation reminders,
- conflict checks,
- exceeding a billing limit on a file,
- failing to keep on top of deadlines on files,
- failing to call someone back, or
- failing to recall to call someone back,
- failing to return an email,
because they are monitored for you.
- In conclusion, case management software offers to you:
- ease of use,
- shared information,
- integration into your office systems, in particular accounting,
and
- the ability to think and work the way you do as a lawyer.
As a lawyer you are not a data entry clerk - any system you adopt
should allow you to record tasks as you complete them - in an effortless
manner. It should allow you to forget the background part of managing a
case by taking that over for you.
This is really practice management - and I think it is invaluable.
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