The Practice Corner: Thriving with Technological Advances in the Practice of Law

October 8, 2013
The Practice Corner

by Daniel DeWoskin
Trial Attorney
www.atlantatrial.com

Technology for lawyers is no longer just about remaining competitive in the market; it is about remaining relevant. The ability to conduct last-minute research or communicate with support staff at pivotal moments is vital for an effective trial lawyer. Preparation for trial does not mean that a lawyer has considered every possible development in a case, but instead that the lawyer has thought critically on the matter and retains the ability to adapt should conditions change. This is why certain apps, programs, and devices cannot be ignored.

I admit that I am not the most technologically savvy attorney. I am fortunate to have people around me to advise me on what apps, programs, services, and devices I need to operate my office efficiently. Some of these devices are capable of organizing my packrat ways. After all, as an attorney, I am often paranoid about having documentation to back up whatever I am doing. For me, the greatest challenge is not being overwhelmed by all of the technology around me such that it defeats its original purpose: to make my life and practice more manageable.

I have attended CLEs that address technology and cutting-edge software. Routinely, I find myself in conversations with other lawyers in court or meetings where the subject comes up only to find that I feel like I am the only Luddite in the mix. It does not help that I, like so many other lawyers, am reluctant to change from what I know and how I have always done things.

In today’s legal environment, that just will not do. A lawyer cannot afford to ignore some of the technology that is available and expect to remain as effective as perhaps he or she could once be. The advances in practice-management software stretch far beyond simple billing and time management. The software now available can track calls, documents, and virtually every aspect of a given case. The trick for a lawyer is determining what he or she can and cannot afford from a time and money standpoint and what he or she can and cannot live without.

For instance, my office has been using cloud-based file storage and management for a couple of years now. We cannot claim to be entirely paperless, but almost every document is scanned and our ability to produce documents from old and current files has become much, much easier. Furthermore, we save valuable resources in not having to oversee cabinets full of old files and paperwork for closed cases. This cannot be done overnight, but in my opinion, this type of file management is far superior to the way that things used to be done (and still are in many offices).

Cloud management, such as Dropbox, can absolutely be done while maintaining the confidentiality of client matters. Confidentiality is the biggest concern of lawyers I know who insist on using more traditional methods of file management. I find these concerns rather humorous; many of the same attorneys who voice concerns related to confidentiality are the same ones who “file on the floor” and find themselves stepping over boxes of open and closed files that are haphazardly strewn about the office.

Aside from file management, many advances in software and devices make calendaring items, such as cases and meetings, a breeze. Like many, my cellular phone has become the office computer in my pocket. I have to laugh when I find myself in a court that prohibits anyone from having a cellular phone on. Lo and behold, the judge will turn to me or another attorney to reschedule a matter and ask if we are available on a particular day. We then have to ask for permission to turn on our phone so that we can check availability and conflicts. It has been years since I have had a calendar in my suit pocket that is not capable of making phone calls, sending emails, or taking photographs.

Clearly, it is not just about what occurs in a courtroom. Recently, I was in a deposition observing pictures that were being placed before a witness by opposing counsel. Some of the photos being offered did not look like anything that I had in the file, but should have. I was able to verify whether or not this was the case by simply pulling out my iPad and reviewing certain folders where these photographs would have been kept had they been produced. It was much faster and easier than having to sort through the hard copies of the file, which could have been too cumbersome to review in the middle of the deposition.

I make jokes about being a dinosaur. In fact, I think my class at Georgia State University College of Law was the very last to have to learn how to research cases in the volumes of the library. It is tough to imagine how costly and time-consuming research used to be, although it can still be very costly depending on the service used. Regardless, the technology has made the world smaller, faster, and often easier to navigate. The challenge is for many of us to get beyond the fear and apprehension and embrace the advances that are not just novel, but needed.

For those who are intimidated by the technology, I encourage you to speak with colleagues in the same practice area. Find out what your colleagues consider invaluable resources. As for implementation, keep in mind that most things require some time and a learning curve, but who among us is still roaming the stacks in the law library looking for cases? Lawyers must remain open-minded and aware of trends in the practice of law. The practice of law is getting far less forgiving of those who choose to avoid the advances.