CBA Bits & Bytes November 2018

Your New Second Chair is ORGANIZATION TECHNOLOGY By Joshua N. Taylor, Esq.

Documents One of the hottest topics in litigation and legal writing right now is the impact of technology on document creation pro- cesses. Some case management systems are so advanced that documents can write themselves! Well, kind of. Document automation tools within case management programs utilize organized case information to prepare litigation documents to the point that the lawyer need only focus on specific docu- ment substance. In addition to utilizing organized information to create documents, documents themselves must be orga- nized and catalogued for any litigator to roll with the punches in the heat of litigation. Again, hard-copy printing can only take the litigator so far. A system of detailed and up-to-date electronic organization should be the litigator’s key tool. Access Access to organized information from anywhere is simply unre- producible for a litigator without case management technolo- gy. Toting around boxes upon boxes of binders with case docu- ments and information is not viable. First, it’s unsafe to bring sensitive information everywhere you go. Second, depending on the volume, it’s impossible to bring with you everything you may need to review in spare time. Third, should you lug around a box of case documents, it likely means that someone else in your office does not have access to those documents in that form; thus, those you rely on to help on the case have their hands tied until you return with the materials. A litigator must be smarter about access to information. Even in many courtrooms, access to case information and various unprinted documents is essential. The difference is saying to the judge, “well, Your Honor, I did not print that particular document,” or quickly bringing something up on a computer or phone to ac- curately describe it to the court and the other side. Jockeying and utilizing information is what litigators do. There is no way to stay effective at that task without clear and detailed organization of all information. Today’s litigators are unfortunately caught between a paper-based era and the technological enlightenment. Technology like case manage- ment software can organize information to prepare a litigator for anything that comes their way. With organization technol- ogy at the table, today’s litigator is much better prepared than their paper-based counterpart. Joshua N. Taylor, Esq. is a Legal Technology Content Marketing Manager at Smokeball. To learn why the most profitable law firms use Smokeball, please call us or visit our website www. smokeball.com.

The litigator is constantly three steps ahead. The litigator is prepared to the point of being overprepared. The litigator has their client and strategy at the forefront of their mind con- stantly. The litigator cannot afford errors and mistakes. Today’s litigator must utilize technology to meet all these expectations and requirements. Depending on the courthouse, technology is surely seeping into the courtroom experience, with judge and jury expecting competence in its use. However, what is sometimes lost in litigation’s intersection with technology is the essential assistance it provides in preparation. From the time a new case walks in the door to the day it settles or trial begins, litigators must utilize technology to properly organize information and thus properly prepare. Litigation at any stage requires the jockeying of information at the opportune time to help make your client’s case. Manag- ing information is the domain of technology in today’s legal world. While litigators may insist on hard copies and binders with tabs, the avalanche of documents and information today makes it almost impossible to competently organize all tactile litigation materials. eDiscovery and the boom of document review software to fill an organizational need is case in point. However, even in smaller cases organization and command of information is paramount. The assistance provided by case management software to achieve information organization for litigation is unmatched. Read on to hear about three areas case management technology improves litigation processes by, at the broadest stroke, keeping information organized. Collaboration Litigators are certainly not islands unto themselves (though some wish they could be). Litigation necessarily requires collaboration with other lawyers and the client. Proper case management technology ensures that information and docu- ments can be easily disseminated to and easily edited by vari- ous others working on a case. Without a structured system for collaboration, versions fly by each other and things get missed. One document iteration in one single place means there’s little chance collaboration results in frustration and confusion. Transparent systems where users are told who did what and when let litigators and collaborators pick up exactly where another left off. A case management software that stores all pertinent client and case information assists with collaboration even more broadly than in the context of documents. With all case details in one place, litigators and others know in real time where a case stands and how various information will play into strategy. Collaborative insights are a must for any litigator today. Trying to collaborate without technology creates more work and a greater margin for error.

LPMT Bits & Bytes l November 2018

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