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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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VirtualCourthouse; Issue 3.8
Creating A Foundation For Change

Judge Arthur M. Monty Ahalt

This Article was first published in the Prince George’s County, Maryland Journal/Newsletter
Last month we discussed the four steps to creating an electronic case file (ECF). Those steps are: (i) creating a foundation for change; (ii) understanding the workflow of a judge and a lawyer; (iii) defining the elements; and (iv) selecting the technology.

Over the next four months, we will examine these four steps in more detail. But first let’s step back from the detail and ponder for a moment where we are going with all of this technology. Where are we headed? Maybe more importantly, why? First, 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. Second, we are headed to a virtual office — that is an office where all of the necessary ingredients for making a decision are in electronic format. Thus, (i) the case file, (ii) the facts, and (iii) the law are accessible on a personal computer for the decision-maker — the lawyer or judge.

The first step to creating an ECF is creating a foundation for change. Changing the way we do things is at the very least an uncomfortable topic. It is uncomfortable and threatening largely due to the unknown. However, change is also the engine that allows for better performance for less money — it permits doing more with less. How important are the dynamics of change to a successful technology? A good way to see what is important is to examine a successful project.

Last year a team from the court went to visit the Ford Motor Credit branch office in Columbia, Maryland, to see how they were converting all of their paper records to electronic records. They were creating an electronic case file. The project has now been successfully completed and is being replicated in other Ford Motor Credit regional offices. The total budget for the project was allocated: 33% for change management and project management 33% for software and 33% for hardware. So the money says that change management is equally important with the software and the hardware.

It is important to recognize that there is a dynamic known as change that enables technology. This dynamic, the dynamic of change, accounts for change-related stress, resistance to change and performance response to change. Whenever new technology is introduced into the workplace, it should be expected that there would be an initial downturn in attitudes and productivity. The key is to minimize the downturns. This is accomplished through leadership, sponsorship and involving the stakeholders in the process of designing and implementing the change. It is essential to change the environment from resistance to commitment.

The gap between the existing environment and the new technology environment is traditionally bridged with training. However, training, although important, will not successfully bridge the gap. Before training occurs there needs to be an effort to build leadership, sponsorship and ownership. This building process occurs through communication, compensation and motivation. The goal is to create a climate of continuous improvement.

The best models for managing change include an organizational element and an individual element. On the organizational side there has to be leadership and navigation. Leadership is the process of providing the ultimate vision, mission and direction. I once heard an individual say that leadership is getting people to do what they don’t want to do. Great leadership is getting people to do what they do not want to do and to be excited about it. Navigation is the process of mapping the course of the change journey. On the individual side there are the elements of enablement and ownership. Enablement is the development of the tools and techniques that will be used to enable the change to take place. Traditionally this has been the training element. Ownership is the process of encouraging the individual to buy into the change initiative.

If these dynamics of change are recognized and understood and time and effort are spent in implementing them before the new technology arrives, then you have built a solid foundation for change. Your new technology not only will not disrupt your work place but the technology will make you able to accomplish more for your clients, quicker and for less money. You will be in a better competitive position.

Internet Anecdotes

Lawyers keep debating how helpful the Internet is in finding information. Recently, two of them stopped by my chambers to give me a success story and a failure story. First the failure.

Bob Matty, not known for his Internet advocacy, but generally recognized as a top-notch lawyer and basketball expert, wanted to find out information about basketball coaches’ clinics. He had been given some information about an Internet site that could locate clinics. He enlisted the help of his family and learned how to turn the computer on, how to operate and double-click the mouse and how to get on the Internet. He then went to the search engine, put all of the information in and double-clicked the search button. Several seconds later, he was informed “No Matches.” Now he thinks this Internet talk is overblown. Never mind that when he picked up the phone and made a half dozen calls he still found no matches. Now for the success story.

Rick Daniels, also recognized as a top-notch lawyer, was recently called by a client who said his accountant had just told him he needed a Rabbi Trust. Having exhausted his own library he went to his neighbor Carlton Green’s law office and still could find no reference to a Rabbi Trust. Thinking that it might have something to do with religion, he called several friends and still had no luck. So he said to himself — what the heck — and entered the words ‘Rabbi Trust’ into the Yahoo search engine on the Internet. The result 39 matches, 4 of which referred Rick to Internet sites which fully briefed him on an IRS ruling involving a Group of Rabbis’ retirement plan. He even found an IRS-approved form for the trust.

CourtLINK Watch:

Electronic Access to Court records is available. The Court, the County and CourtLINK have signed the Licensing Agreement. Watch for a formal announcement for subscription information. You also should check for opening dates at the CourtLINK website: www.courtlink.com or call 1-800-774-7317 to pre-register.

by Judge Arthur M. Monty Ahalt – October 1998

 

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VirtualCourthouse; Issue 3.7
Creating An Electronic Case File

Judge Arthur M. Monty Ahalt

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



The centerpiece of the virtual courthouse and the virtual law office is the electronic case file (ECF). An ECF is the compilation in electronic format of all relevant materials for the judge to decide a dispute or a lawyer to represent a client. In order for a judge and a lawyer to achieve time and space efficiencies, they both must create an electronic case file. Common sense would instruct that the judge and the lawyer should jointly participate in the development of the ECF because of the interdependent nature of their work. As we shall see, many of the elements of the lawyer’s ECF and the judge’s ECF are similar if not the same. Before we examine those elements, a building process must be structured. That process is composed of:

Creating a foundation for change

Understanding the workflow of a judge and a lawyer.

Defining the elements.

Selecting the technology.

The process is sequential with each step building upon the prior step.

Step 1: Creating a Foundation for Change: Embrace Change as a Friend not an Enemy.

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.

Change is the master of all productivity improvements. Without change, there is little room for improvement. With change, the foundation for improvement is set. Change, however, does not guarantee improvement and success. Many have examined the elements of change over the last decade. Some have taken a more radical approach while others have taken a more methodical approach. A little of both is probably needed.

Step 2: Understanding the Workflow of a Judge and a Lawyer.

The nature of the workflow of a judge and a lawyer is similar in many respects. In its simplest form, it is a process of information coming in, decision, and then information going out. For the judge, that process can be broken into four separate stages: (i) public to clerk; (ii) clerk to judge (information in); (iii) judge to clerk; and (iv) clerk to public (information out). For the lawyer, the phases are similar: (ii) client to lawyer; (ii) public to lawyer (information in); (iii) lawyer to court; (iv) lawyer to public; and (v) lawyer to client (information out).

Step 3: Defining the Elements

The elements of a judge’s ECF are: (i) the docket of court filings; (ii) the electronic court filings or electronic images of court filings; (iii) the law in electronic format; (iv) the evidence — an electronic recording or transcript of the testimony, the exhibits as electronic images; and (v) the court’s decision. The elements of a lawyer’s ECF are: (ii) the docket of information received; (ii) the images of each document received; (iii) legal research; (iv) legal memoranda; and (v) court filings.

Step 4: Selecting the Technology

The technology necessary to support an ECF consists of hardware and software. On the hardware side of the equation, personal computers (PCs), servers and modems form the hardware infrastructure. On the software side, office suite software (word processing, spreadsheet database, presentation), GroupWare, communication and imaging/file management software form the software infrastructure.

The most critical software, however, is GroupWare. GroupWare is defined as any application that promotes communication, collaboration and coordination among teams of people. There are presently four main organizations that provide a GroupWare solution: (i) IBM-Lotus Notes 4.5 powered by Domino 4.5; (ii) Microsoft-Exchange; (iii) Novel-Groupwise; and (iv) Netscape-Suitespot.

The concept of GroupWare is broken down into two areas: Commonware and Workflow. Commonware consists of: (i) e-mail; (ii) calendaring/scheduling; (iii) discussion databases; and (iv) publishing document databases. Workflow consists of three components: (i) knowledge database; (ii) tracking application; and (iii) workflow applications. For purposes of visualization, the following client depicts this breakdown:

All four GroupWare providers provide the commonware elements. However, the workflow element is provided only by IBM-LotusNotes 4.5 for Domino.

CourtLINK Watch: Electronic Access to Court records will soon be available. The Court, the County and CourtLINK have signed the Licensing Agreement. Watch for a formal announcement for subscription information by mid-September. You also should check for opening dates at the CourtLINK website: www.courtlink.com or call 1-800-774-7317 to pre-register.

by Judge Arthur M. Monty Ahalt – September 1998

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