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VirtualCourthouse; Issue 4.3
Building an Electronic Case File – Selecting the Technology

Judge Arthur M. Monty Ahalt

This Article was first published in the Prince George’s County, Maryland Journal/Newsletter



Over the past several months the focus has been on understanding the steps to building an electronic case file. The steps to creating an ECF are:

1. Creating a foundation for change.

2. Understanding the workflow of a judge and/or a lawyer.

3. Defining the elements.

4. Selecting the technology.

This month the discussion will conclude with an examination of the technology necessary to build an electronic case file. Selecting the technology is a three-part process that requires: (i) hardware; (ii) software; (iii) change management, project management and training. A starting point for preparing a budget for an ECF is 33 percent for each part. It is extremely important that the third part change management, project management and training not be underfunded. The consequence of underfunding this part is to dramatically reduce the return on investment made to purchase hardware and software.

In order to obtain a better understanding of the technology, the advice of Vibby Prasad, Director of Product Development for JusticeLink, was sought. According to Mr. Prasad, there are five elements which need separate technology for an ECF: (i) data; (ii) documents; (iii) security; (iv) information access; and (v) information transaction.

These areas allow large groups of individuals to communicate over a local area network (LAN). The technology necessary to enable a LAN from a hardware aspect are (i) file server and (ii) clients or personal computers (PCs). The technology necessary to enable a LAN from a software aspect are (i) network software such as Novell and (ii) applications for word processing, e-mail, etc. to be used on PCs.

For each of the five areas: (i) data; (ii) documents; (iii) security; (iv) information access; and (v) information transaction, there is a hardware consideration and a software consideration.

Selecting Technology for an Electronic Case File

Data

HARDWARE: File Server

SOFTWARE: Database; Case Management; Workflow

Documents

HARDWARE: File Server; Juke Box

SOFTWARE: Image Capture; Document Management; Workflow

Security

HARDWARE: Computer Gateway

SOFTWARE: Firewall Software

Information Access

HARDWARE: Internet Server

SOFTWARE: Web Server

Information Transaction

HARDWARE: Work Station

SOFTWARE: Transaction Software

As can be seen, there are numerous “servers” necessary. Unfortunately, the word “server” can be used as a descriptive word for both software and hardware. However, usually the word “server” refers to a computer (hardware). There are six necessary computer functions accomplished by a server: (ii) database server; (ii) file server; (iii) fax server; (iv) application server; (v) web server; and (vi) firewall server. Usually several of these functions are performed on one computer. For an entire integrated system, often all six functions are on no more than two computers.

The same architecture applies to both law office and the court. Obviously the size of the systems will differ dramatically smaller for law offices and larger for courts. The elements remain the same for both — DATA DOCUMENTS SECURITY INFORMATION ACCESS INFORMATION TRANSACTION. For many solo lawyers a high capacity powerful workstation will be capable of performing all of the functions in conjunction with an Internet Service Provider (ISP).

A word on computer guidelines for judges: Judge Richard B. Klein from the Court of Common Pleas in Philadelphia, Pennsylvania, has been at the forefront of advocating the use of computers by judges for over ten years. Judge Klein recently chaired a special technology committee of the ABA Judicial Division’s National Conference of State Trial Judges, which has recommended minimum requirements for hardware and software for Judges. The Committee’s full report is published at www.abanet.org/jd and will be periodically updated at that address and at www.ncsc.dni.us/ncsc/ct1 .

For standard solutions for the lawyer you should consult the attorney’s bible for electronic support entitled Litigation Support Systems: An Attorney’s Guide, 2nd Edition, written by James I. Keane which can be found at: www.cbclegal.com/catalog/lit./lss.html .

Cyber Secretaries. Here is a new service which might merit your investigation. Cyber Secretaries, the efficient new 24-hour computerized phone-dictation service. Cyber Secretaries provides you with an unlimited on-line staff of qualified, experienced word processors available for any size job, but with no ongoing commitment from you. All you need is a telephone and an e-mail address to use the service from anywhere in the world. Cyber Secretaries turns any phone into a dictation device. You simply dial a toll-free number and dictate as usual. The only difference is that the telephone keypad performs the forward, reverse, stop and playback functions. You can also fax handwritten or existing work to be transcribed. Your finished typed document is then e-mailed to your computer with a turnaround time equal to, or better than, an in-house staff. You can then review the draft document and edit it yourself or you can submit your changes via fax or further dictation. And all work transcribed by Cyber Secretaries is completely confidential and secure.
Contact: Richard Jackson at 1-800-828-5764 or e-mail rjackson@voice2doc.com. Website: www.voice2doc.com .

by Judge Arthur M. Monty Ahalt – March 1999

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VirtualCourthouse; Issue 4.2
Ten Tips For a Virtual Law Office in 1999

Judge Arthur M. Monty Ahalt

This Article was first published in the Prince George’s County, Maryland Journal/Newsletter


________________________________________
TIP ONE: BECOME AN AGENT OF CHANGE. Change will not occur without a sponsor. The sponsors come from all levels of your organization ¬ from management to entry level. A key factor for a successful agent of change is enthusiasm. Success will likely pass over the unenthusiastic and strident agents of change. If you cannot be enthusiastic, you might as well not try to effect change. Change is an inevitable product of the technology offered by the information age infocosim. Ordinarily, people resist, fight or ignore change. When those dynamics of resistance occur, change in people’s work patterns occur very slowly and productivity decreases. On the other hand, when change is embraced with an attitude of acceptance, people’s work patterns change very fast and productivity dramatically increases.

TIP TWO: UNDERSTAND THE DYNAMICS OF CHANGE. The dynamics or the patterns of change are rather predictable. When change is introduced into an organization, initially there will be some level of resistance. It should be expected that the resistance will produce a downturn in attitude and productivity. The level of resistance can be significantly reduced through the involvement of all the stakeholders in the process of planning for the change.

TIP THREE: DEFINE THE MISSION OF YOUR OFFICE.Solomon, the wisest man in all of history, says, “without a vision, my people perish.” The impact that technological change will have on your office will be lost if you have not clearly defined its mission.

TIP FOUR: ANALYZE THE WORKFLOW OF YOUR OFFICE.Analyze the Elements of the Paperflow in Your Office. A key to re-engineering your office is to first understand how you process information. This is a tedious process but nonetheless essential. You have to know where you have been before you can figure out where you are going. In the initial phases of JusticeLink, the Clerk’s Office analyzed each step they took in docketing a motor tort case from start to finish. They discovered 160 steps. They were then able to re-engineer that process with the aid of GroupWare to 120 steps, a 25% reduction in work.

TIP FIVE: UNDERSTAND TECHNOLOGY ¬ READ PERIODICALS. At first, a terminology barrier exists. The best way to overcome this barrier is to start reading about computers on periodic basis. A good place to start is the newspaper. Most newspapers now have a weekly section of columns about computers. Some are very basic “how to” questions and answers while others are more narrative articles on some new software or hardware. The point is that if you start using the words often, you will soon know and understand the terminology. Another good idea is to buy a different computer magazine a month off the newsstand and just read the advertisements and articles of interest.

TIP SIX: GO TO BAR CONFERENCES. Hardly a month goes by when there isn’t a bar technology conference somewhere in the Baltimore- Washington metropolitan area. The programs are high quality, practical, educational events. The quality is similar to the usual high-quality Continuing Legal Education seminars for years sponsored by local, state and national bar association leaders.

Events you should consider are the Maryland State Bar Association’s Techshow on February 19, 1999 at the BWI Marriott. Contact Pat Yevics at MSBA headquarters for details at yevicsp@msba.org. Or check at the Bar Association’s website at http://www.msba.org. Also consider the American Bar Association’s Techshow 99 on March 18-20, 1999 in Chicago, Illinois. Check the ABA’s website at http://www.abanet.org for further details.

TIP SEVEN: TALK WITH JUDGES AND LAWYERS. Experience, we know, is a great teacher. If you make the use of computers the topic of your conversation as you talk to judges and lawyers about your cases, you will be surprised at the amount of information you will gain in a very short period of time. What works? What doesn’t work? What new developments are helpful? What new developments are duds?

TIP EIGHT: BE WILLING TO TAKE RISKS. Nothing ventured is nothing gained. In order to begin to use technology to your advantage, you must be willing to risk some of your time and a little bit of money. With risk comes reward. The track record for technology is that until you put your time and money at risk, your learning curve does not begin. The sooner you start, the less time you will loose.

TIP NINE: GET ONLINE. Becoming connected to the rest of the world should be a top priority. Internet connections are available for as low as $5 per month for limited access. Don’t overly analyze the market. The plusses and minuses of each ISP (Internet Service Provider) probably do not make that much difference to the rookie. The national online services provide the easiest opportunity to get connected. They have good online help services. They also have multiple access numbers. They do not require a large investment, usually a one-month fee of less than $20.

TIP TEN. PREPARE A BUDGET. In planning technology, you should calculate the cost through a budget process of planning. Technology improvements should become a permanent part of your financial planning. A wise technology financial plan should include not only new technology but also replacement technology. Technology evolves at a fast pace; after all, Moor’s Law calls for a doubling of process speed every 18 months.

by Judge Arthur M. Monty Ahalt – February 1999

 

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VirtualCourthouse; Issue 4.1
Building an Electronic Case File

Defining the Elements

Judge Arthur M. Monty Ahalt

This Article was first published in the Prince George’s County, Maryland Journal/Newsletter

Building an electronic case file (ECF) has been the topic of the last several columns. It is essential to create an ECF because it is the backbone of the virtual law office and the virtual courthouse. Remember if technology does not pass the test of doing a better job, more efficiently and for less money, then it should not be considered or used. The elements of the ECF are:

Creating a foundation for change.

2. Understanding the workflow of a judge and a lawyer.

3. Defining the elements.

4. Selecting the technology.

The concept of the virtual law office arises out of the inefficiencies of the paper courthouse world. In the November issue of Government Technology, Alison Sonntag puts it this way:

“Will the courts be pulled kicking and screaming into the Information Age? Can an institution responsible for sentencing millions of trees to death willingly wean itself from paper? Pressure to do something is mounting. From storage needs to courthouse traffic, concerns are forcing the courts to re-examine the way they work.”

Yes the inundation of the paper in the dispute resolution business creates an operational nightmare that interferes with the core mission of the courts ­ to resolve disputes. Yet the virtual law office/court house is more than just organizing the paper into electronic format. It is creating an environment where lawyers and Judges have access to information and work product while at the same time preserve and enhance collaboration and camaraderie elements of the workplace.

In defining the elements of the virtual law office/courthouse, it is essential to understand the purpose and mission of the law office and courthouse. Last month, we examined workflow in an effort to discover HOW the business of the lawyer and the Judge is conducted. Now we need to focus on WHAT lawyers and Judges need to achieve their core mission.

A Judge’s core mission is to decide disputes. A lawyer’s core mission is to persuade and advocate a successful resolution of the dispute on behalf of a client. A Judge is focusing on decision-making while a lawyer is focusing on persuasion and advocacy. Obviously, lawyers participate in many other activities. However, we will focus here on those activities relating to dispute resolution.

In order to accomplish the core mission of a Judge, the Judge needs: (i) the law; (ii) the facts; and (iii) the case file.

JUDGE

The law consists of statutory law, case law, jury instructions, secondary authorities such as treatises, law reviews and the Judge’s own personal work product. The facts consist of the testimony of the witnesses (real time, audio, video), the physical evidence and documentary exhibits. The case file consists of the pleadings filed in the court’s case jacket.

In order to accomplish the core mission of a lawyer, the lawyer needs: (ii) the facts; (ii) the law; (iii) the discovery; and (iv) the court case jacket.

LAWYER

The facts consists of client statements, witness statements, expert reports, documentary evidence and photographic evidence. The law consists of statutory law, case law, jury instructions, secondary authorities such as treatises, law reviews and the lawyer’s own work product. The discovery consists of witness depositions, interrogatories, requests for admission of facts. The court case file consists of all pleadings filed in the court case jacket.

The key is to allow the lawyer and Judge to access this information in a consistent graphical user interface (GUI) where there is an easy-to-use point and click access to the components necessary to complete the mission. It is critical that the lawyer and the Judge be provided a work space which minimizes key strokes because many are not proficient typists. As much of the process also needs to be automated. For instance, if the lawyer or Judge is dealing with a personal injury case, then the law is automatically focused on personal injury jury instructions and personal injury-related work product.

by Judge Arthur M. Monty Ahalt – January 1999


 

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VirtualCourthouse; Issue 3.9
Workflow,Workflow, Workflow

Judge Arthur M. Monty Ahalt

This Article was first published in the Prince George’s County, Maryland Journal/Newsletter



For the past several months we have been concentrating on the creation of an electronic case file (ECF). The ECF is important because it is one of the elements of the virtual courthouse or the virtual law office. Those elements are:

1. Creating a foundation for change.

2. Understanding the workflow of a judge and a lawyer.

3. Defining the elements.

4. Selecting the technology.

Last month, we developed the importance of creating a foundation for change. This month we will explore the importance of understanding the concept of workflow and the actual workflow of the Court and the law office.

The concept of workflow has recently received a significant amount of attention. If you were to enter the word “workflow” into an Internet search engine such as Yahoo, your search would reveal over 500 Internet sites where one form or another of workflow is discussed.

In its most universal sense, workflow means the movement of information from one worker to another for the purpose of making a decision or adding value to an ultimate product. In the law-related world this is usually a document although this is not always the case. In the narrowest sense workflow is used to denote software or a set of software tools. Much of the literature concerning workflow deals with the design and analysis of computer systems. Workflow then is both a computer software, hardware and work process concept. Another related subject is business process re-engineering (BPR).

The first step in determining the workflow of your office is to select a product and determine every single step that is necessary to complete the product. In the Circuit Court for Prince George’s County the Clerk’s Office’s first step in the electronic filing pilot project, JusticeLINK, was to determine every single step the clerk undertook to docket a motor tort (automobile accident) case from the filing of the complaint to the final judgment. To initiate this process, Janet Wyvill (Chief Civil Clerk) gathered all of her assistants in a room. They set aside a day of uninterrupted time and gathered their collective knowledge about the docketing of a motor tort case. As they identified each step they put it on a piece of paper and taped it to the wall. They kept each piece of paper as close to sequential as possible. At the end of the day they had identified 168 clerical steps which were necessary to completely docket an automobile accident case. The Clerk’s Office also went through the same process in a foreclosure case. They identified 122 steps. The process was extremely revealing to the clerks because it was the first time they had ever focused on the entire process.

The task in a law office is similar. Determine each step in the preparation of a complaint in a personal injury case. If you represent defendants then determine all of the steps in the preparation of an answer. The first order of business is to gather each individual in your office in one room and identify each step in its proper sequence. You will probably need at least the following individuals: (i) the receptionist, (ii) the paralegal, (iii) the secretary, (iv) the bookkeeper, and (iv) the lawyer. You will be surprised at how many steps you discover.

Once you have identified the steps which are necessary to complete a document or a product then it is time for business process re-engineering (BPR). BPR is the reorganization of each of the steps with the aid of technology, mainly the PC, for the purpose of reducing the time (number of steps) it takes to complete the document or product. The Court selected a team to complete civil business process re-engineering. The team first established the following goals: reduce paper, implement source data automation, reduce reliance on the case jacket, and move to an electronic case file. The BPR team through a series of 15 plus sessions designed a process which dramatically reduced the time for processing a civil case from filing to judgment.

In order to realize the benefits of the information age, the workflow must be analyzed and reengineered.

CourtLINK Watch: Electronic Access to Court records is available. The Court, the County and CourtLINK have signed the Licensing Agreement. CourtLINK is a great timesaver. With CourtLINK you can: (i) automatically search nationwide for the most up-to-date electronic dockets; (ii) combine Federal and State search results in one report; (iii) print concise, formatted reports with one click; (iv) search for “key words” (Federal index); (v) identify your usage by client identification/matter number for ease of billing; (vi) use one interface for multiple searches; and (vii) stack multiple court searches. As an important research tool, CourtLINK provides access to: (i) dockets, (ii) judgments, (iii) claims, (iv) creditors and (v) case summaries.

CourtLINK assists users with: (i) litigation history, (ii) document discovery, (iii) case management and (iv) background checks.

CourtLINK’s current online courts include: (i) Federal District, Bankruptcy and Circuit Courts of Appeals including Federal Index (U.S. Party/Case Index) for Federal District and Bankruptcy Courts; (ii) New York State Supreme Courts (civil), New York City Judgment, Docket and Liens Book and the New York County Clerk Records; (iii) Washington State Superior, District and Municipal Courts; (iv) Oregon Supreme, Appellate, Tax, Circuit and District Courts; (v) Dallas, Harris and Tarrant Counties, Texas, Courts and (vi) Prince George’s County, Maryland Courts.

CourtLINK’s intuitive design makes it easy to use. Quickly move between case detail pages and easily print reports. Download dockets to disks or files for word processing or e-mail. Receive monthly invoices sorted by user ID and client identification numbers. If you don’t have time to conduct searches yourself, send CourtLINK your search request. They’ll do them for you. You will receive search results in CourtLINK Express’ clean, concise report format by fax or FedEx within 24 hours or CourtLINK can send you a test file via e-mail or floppy disk. Depending on your needs, they may even be able to customize the format of your reports.

With CourtLINK, you pay no minimum monthly or annual fees, only $1.25 per minute. There are no upgrade charges. Your small initial cost ($50) covers licensing, program diskettes, user guides and training packets.

For further information, visit CourtLINK’s website: www.courtlink.com or call 1-800-774-7317 to pre-register.

by Judge Arthur M. Monty Ahalt – November 1998

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