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The Paperless Office The Electronic Transaction by huf13890

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									The Paperless Office
The Electronic Transaction
            Nancy N Grekin
  McCorriston Miller Mukai MacKinnon
Take a Walk Down
Memory Lane
   1970’s
       Mark up forms or the last document you used in a
        deal with a pencil
       Hand to the secretary to type on her Selectric
       Mail the work product to the client
       Send by FedEx if out of town
   1980’s
       The fax appears
       Documents can be sent across country in minutes
       Faxes on thermal paper curled up while trying to
        read them and faded out if you stored them in the
        file
The Recent Past
   1990’s
       E-mail
       Instant gratification! A document can be anywhere in the
        world in an instant
       All the documents in the deal are cluttered in your e-mail
        in-box or directories with little clue of which version is which
        or who sent it when
   The 21st Century
       All documents uploaded to a secure password protected
        site on the Internet
       All team members can get access to any document at any
        time if they have an Internet connection
       Perfect version control, contact lists with e-mail hyperlinks
        and chat capabilities for discussion
Extranets and
Deal Rooms
      Hosted and Server-Based
          Hosted extranets or deal rooms are Web sites with password
           protected access
              Some are free
              Paid sites are sold by the amount of storage required
          Server Based
              Purchased programs hosted at the law firm’s server
              Password protected access to clients
              Must purchase licenses to cover clients and lawyers
              Link to DMS for document upload and download
          Features
              Document storage and version control
              Users can upload, download and comment
              Discussions
              Contact lists
              Calendars
Why Use Extranets and Deal
Rooms?
      Central storage of documents
        calendar of events
        checklist status
        version control
      Avoids need for e-mail to transmit documents
      Separate secure areas
        Password protected
        Each team member has access
        Access to documents can be restricted
      Secure backup at separate geographic
       locations
Free Extranets and
Deal Rooms
    Yahoo Groups (Hosted)
        Designed for use as a discussion group
        File upload
        Listserv style discussion
        Database capability allowing contact lists
        Password protected access


    Microsoft Sharepoint (Software Based)
        Free with purchase of Microsoft Server 2003
        Password protected access
        Contact list
        Discussion but not listserv style
        File upload
        Flexible libraries of documents, lists of tasks with customizable
         fields
Extranet Software
     Document management systems sell companion
      extranets
     DMS’ also sell modules to integrate with third-party
      extranets
     DMS integration allows direct upload and download of
      documents
     Version control
     Discussion
     Contact lists
     Microsoft Sharepoint (full version)
     IBM Quick Place
     iManage
Deal Rooms
     Intralinks
     eRoom
     CynOps from TyMetrix
     Deal Central
     Net Documents
     Merrill e-Collaborate
     T-Lex
The Paperless
Transaction
   Document drafts
       Why print?
           Uses resources
           Takes up space in files
           Kills trees
       Store on your computer and when the deal is done back
        up to CD
       Paperless issues
           Naming conventions
           Version control
           Your computer is your filing cabinet and you must keep it
            as organized as the real thing
       Frequent back up to secure the data
Document Naming
      DMS
          If you use a DMS, use its feature which will
           associate documents with each other
          Begin the name with the name of the client
           or the deal so when it appears in your work
           list you can sort or search by that name
          Don’t torture your opposing counsel by e-
           mailing documents with names like
           “1K345Q!”
      Directory system
          Use directories named by client or
           document subject (such as “Leases”)
          Name the document by subject or client
Version Control
      Use the version control feature of your DMS and
       don’t give new versions new names
      If don’t use a DMS follow consistent naming
       convention
        Maintain the name of the document through all
           drafts
        Name the documents “NameRV1”, “NameRV2”
        Name the redlines “NameRd1”, “NameRd2”
      New versions from the other lawyer
        Many DMS’ permit import as a new version of
           an existing document
        Try to maintain your naming conventions in a
           directory file system by giving new drafts of
           documents sent by other lawyers consistent
           names
The Paperless Office


   Some firms have gone entirely paperless
    scanning everything that comes into the office
   Requires a plan for storage, back-up, retrieval
    and filing on the computer system
   Integration with case management programs
    enables client or matter centered storage of
    documents
Why Paperless?
   How much time do you spend looking for
    documents in files?
   If 1 hour a day is spent, 48 weeks a year, and
    the lawyer charges $225 per hour, the lawyer
    has lost $54,000 in billable time looking for
    things!
   Paperless is a state of mind requiring
       Giving up on the paper-based system of keeping
        track of client documents and records
       Learning to use electronic document
        management tools
Implementation
   Requires
       A body to scan
       Lawyers willing to give up paper
       A disciplined system of naming and storing documents
       A scanner or scanners
       Image management software
       Case management software integration
   Ethical issues of security
       Truly erasing hard drives when computers taken out of
        service
       Security of network
Scanners
   Sheet fed such as Visioneer Strobe
   Small upright scanners with automatic
    document feeder
   Larger flat bed with automatic document
    feeder
   All manufacturers of copiers also make
    scanners and a few independent companies
   Factors in choosing
       Speed
       Image management software supported
       Need for ADF
Scanner Capabilities

   Scanners on the network can scan and e-
    mail to lawyers
   Scan to PDF format
   Need a high speed with an automatic
    document feeder
   Some scanners combine scanning with
    copying and faxing
Image Management Software
   Programs which allow you to fax, e-mail, save and
    print scanned images
   PaperPort
      Fax the image
      Print an image to the PaperPort desktop
      Form filler
      Newest version scans to PDF
      E-mail the image
      Print the image
      Save the image in directories on the network or at
       the program desktop
      OCR to Word or WordPerfect
      Simple search creates internal searchable OCR
Paperless Security Issues

      Back up: paperless offices must back
       up frequently and store back-up off-site
       for recovery
      Off site storage: back-up media must
       be stored off-site or backed-up to Web-
       based extranets
      Disaster recovery: paperless with back-
       ups stored off-site or on the Web is the
       perfect disaster protection
Acrobatics
with Adobe
    Adobe Reader is free and allows you to read
     PDF documents only
        Cannot save
        Cannot edit or create smart forms
        Print only
    Adobe Acrobat allows you to create a PDF
     document from any application which prints
    To the computer Acrobat is a printer so you
     create a PDF document by selecting it as your
     printer
    Advanced features implement and complement
     the paperless office
What is a PDF Document?
   PDF = “Portable Document Format”
   A PDF document is a picture of the text and
    graphics on a page
   Two kinds of PDF documents
       Image on text: documents which were printed to
        PDF from an application
       Image only: documents which were scanned
   Many useful features of Acrobat which
    facilitate organization of documents work only
    on image on text PDF documents
   Adobe Acrobat integrates with Word
       Installs icons on your toolbar which allow you to
           create a PDF document from a Word document
           create and e-mail a document directly from Word but
            only if you use Outlook
   A document printed to Acrobat from an
    application can be searched within Acrobat,
    the text edited, comments inserted and listed
    in a separate index
Features of Adobe Acrobat
   Create smart forms
   Review and comment
   Review and comment by e-mail
   Summarize and export comments
   Extract text from image-on-text PDF documents
   OCR image-on-text documents by “saving as” .txt
    format
   Create electronic signatures
   Compare two PDF documents
   Add hyperlinks to
       Other documents
       Locations within the document
       Web sites
   Insert, delete, move and extract pages
E-Mail Etiquette
    Proliferation of e-mail to transmit documents =
     proliferation of problems in receiving and managing
     them
    The word processors
       If you still use WordPerfect don’t send in that
        format unless you ask if the recipient runs the
        program
       Convert to PDF if recipient doesn’t run your
        program
       Be bi-lingual and capable of working in native code
        in both programs
       Don’t open files created in one program in the
        other or you risk document corruption
Printing E-Mailed Documents
   Pagination is printer-dependent
      E-mail the same document to 5 lawyers
       with 5 printers and you’ll get 5 different
       paginations
      Convert documents sent for execution to
       several different places to PDF
   Adobe Acrobat is worth the price because it
    enables you to convert to image format and
    avoid this issue
Effective Use of E-Mail
   Formatting E-Mail
       RTF
         Good news: allows you to use Word features such as
          automatic spell check and formatting like bullets and
          automatic numbers
         Bad news: reformats attachments and recipients who don’t
          use Outlook won’t be able to open the attachments
       HTML
         Allows formatting such as bold, italic and underline

         Allows automatic numbering and bullets

         But recipients who don’t have their mail client formatted as
          HTML won’t see formatting and may see a run on message
Appearance Counts
   Use a signature at the end of your e-mails
   Use the automatic spell checker before sending e-
    mails
   Format personal information so that the “From”
    window includes your name
   An e-mail to a client or another lawyer is a business
    letter
       Use paragraph breaks
       Use punctuation
       Don’t send run-on e-mails
       If it exceeds a couple of paragraphs maybe a phone call is
        better!
Taming the
Fax Monster
   A bold suggestion: give up your fax machine!
   Using fax machines requires
       Equipment maintenance and replacement
       Human resources – several to send and receive
        every fax
       $$$$$$ !!!!!!!!!!
       Clients don’t like being charged for faxes
   Use software based or Internet fax
       One time purchase of software, a fax server to run
        the program and a phone line for software-based
       Nominal per fax charge for Internet based but no
        long-distance charges
Fax Software
   Most popular are RightFax and WinFax
   Address book
   Keeps track of client numbers so you can
    charge to file
   Faxes are received as attachments to e-
    mail in TIF or PDF format
   Receive while traveling at your laptop
   Forward as e-mail to others
   Permanent electronic record
   Disadvantage: need extra phone lines
Internet Fax

   Fax is sent over the Internet
   No long distance charges
   No need for a phone line because no modem
    is required
   eFax and Maxemail can fax from a mail
    client by addressing to
    faxnumber@efaxsendcom or
    faxnumber@maxemailsend.com
   If an fax is sent from the mail client it can be
    simultaneously e-mailed to someone else
Features of Internet Fax
   Free account
       eFax and Maxemail offer free in-bound faxes
       You are assigned a phone number but can’t choose area
        code
   Paid account
       You can choose the area code of your phone number
       eFax offers 808 numbers
       $10 activation fee plus $8.95 a month to maintain
       5¢/page to send
   Maxemail allows sending faxes from its Web site
    with the ability to store fax numbers there
   Fax numbers can be stored in the mail client just like
    e-mail addresses as
    faxnumber@maxemailsend.com
Document Assembly
   Why use?
     Speed of document production
     Quality control or forms
   How does it work?
     Three basic elements of documents

           Variables
           Static text
           Conditional language
       Document assembly programs enable intelligent
        assembly using logic to determine text and
        formatting of variables and whether or not to use
        conditional language
What is a
Document Assembly Program
   Works inside the word processors
   Create templates from existing documents in
    the word processor by programming the logic
   Incorporate logic into existing forms in the
    word processor using a toolbar which
    appears when you open the program
   Logic enables intelligent document
    production and eliminates the need for
    tedious typing changes to standard forms
Features of
Document Assembly Software
   Variables
     Text
     Date
     Number
     True/False
     Multiple Choice
   Conditional variables
   Ability to create complex computations like macros
    which will execute a series of instructions
   Create logical dialogs to collect variables
   Ability to interface with databases
   Ability to assemble documents on-line and create client-
    facing forms
Why Use Document Assembly
Software
   Avoids the pitfalls of “forms”
     Lawyers often use the documents from a deal with
       deal-specific information as “forms”
     Danger of not remembering what was specific to that
       deal or not changing it for a new deal
   Enables flat fee value billing
   Limits clerical needs
   Vastly speeds up document production
   Assemble multiple documents simultaneously so all
    documents in the transaction with same variables can be
    created at once
   Changes can be incorporated by re-assembly requiring
    no retyping
   Available Products
       Software to develop templates for own work
        product
           HotDocs
           GhostFill
           ThinkDocs
           FastDraft
           QShift
Creating Templates

   Programmed templates are available in many practice
    areas
   Learn to program yourself or have a paralegal or IT
    support person learn
   Hire professional programmer
     Two local programmers

     Many national programmers

   Return on investment is high because it enables high
    yield flat fee billing
Demonstration of Assembly of
Templates

   Assemble multiple templates simultaneously
    inserting the same variables but type only
    once
   Change the answers and reassemble
   Use answers in documents later to prepare
    additional documents
   Share templates and answers on a network
Billing for Production of
Automated Documents
       What if preparation took 3 hours the old-
        fashioned way and 30 minutes using
        document assembly?
       Document assembly enables flat fee
        “value billing”
       Clients value timely preparation more
        than anything else
       Clients want known legal fees for
        services before the work is done
       If the client agrees to a flat fee it is
        perfectly ethical to charge a fee which
        does not reflect the time spent
Power Up!

   Most users do not use the power codes the word
    processors offer
   Secretaries are set in the ways an don’t want to try the
    features
   Lawyers don’t know the features exist and don’t train
    their staff
   Huge investment in hardware and software doesn’t yield
    a return on investment
   Use of power features speeds up document production,
    reduces need for clerical assistance and improves
    profitability
Power Features
   Automatic paragraph numbering
   Cross Reference
   Columns and tables
   Word form fields
   Word field codes
   Word Perfect templates
   Autocorrect | Autotext | QuickCorrect
   Toolbars
   Merge
Creating an Electronic
Closing Binder



   What you will need
       Adobe Acrobat (Full version – not Adobe Reader)
       Scanner
       Autorun Program such as Autorun Wizard
       CD-RW drive and software to create labels
What You Will Do
   Create an index in a word processor
   Graphics can be included
       Click on Insert/Picture/From File (or other source)
       Right click on image to format size
       Click and drag image to desired position
   Print the index to Adobe Distiller to create a PDF
    version
   Open the Index in Adobe Acrobat and create Internet
    links and/or links to the documents listed in the index
   Create an Autorun file so that the index opens when
    the CD is inserted in the drive
Create an Index
   Insert a picture or other graphics in the
    index: Insert/Picture/From File
   Type the index in the word processor
   Use colors, bullets and graphics
Create Document Links
    All documents to be linked from the index should be in the same
     directory.
    Click on the “Link” tool. A crosshair “+” will appear. Drag it around the
     words you want to be the link and release the mouse.
    The Link Properties dialog box will open. Select “Invisible Rectangle”
     for Type and “Open File” for Action.
    Click on “Select File” and a file open dialog will open. Scroll to the file
     you want to open and click “Set Link” and OK.
Insert Scanned Signed Pages in The
Documents
   Print all documents to go to the CD to PDF before execution.
   Pagination is printer dependent so documents to be e-mailed for execution
    will have different pagination if printed on different printers but will be the
    same no matter where printed if in image format.
   Delete the unsigned signature pages from the original PDF document by
    selecting “Thumbnails” and right clicking on the page to be deleted. Select
    “Delete pages” and hit enter. The page will be deleted.
Insert Signed Pages in The
Document
   Scan the signed pages and save as a PDF file.
   Open the document in which you want to insert the pages in Adobe, click
    on “Thumbnails”.
   Right click on the page after which you want to insert the pages and click
    on “Insert Pages.”
   A file open dialog box will appear. Click on the file you want to insert and
    OK. A dialog box will appear asking if you want to insert the pages
    before or after. Select “After” and OK.
Create Autorun Files
   Create the Autorun Files using Autorun Wizard or similar product
   Windows recognizes a filed named “Autorun.exe” on a CD as an
    instruction to open a file
   The file tells Windows to open a file
   The file opened will be the index
Specify the Base Folder
   Put all of your documents to go on the CD in this folder including the
    autorun executable and related files.
   Click on the yellow folder to the right of the window and a file open
    dialog box will open.
   Scroll to the directory where the documents are located and click OK.
Select the File to Launch
   Click Autolaunch and “Launch a File Located on the CD-ROM” and
    specify the name of the file to launch when the CD is inserted the
    drive.
   Save the autorun files to the same directory as the documents to go to
    the CD
   Copy all of the files in the directory including the 3 autorun files
    you created to your CD and your CD will autorun the index
   Create CD labels
My Favorite Utilities

   Shorthand               $89.95
   Google Toolbar          Free!
   Google Deskbar          Free!
   Snagit                  $39.00
   Autorun Wizard          Shareware
   Opera Browser           Shareware
   Mozilla Browser         Shareware
   Windows Character Map   Windows Accessories
The Eternal Question:
What Will it Cost?

   Visioneer Strobe Pro Scanner       $ 299.00
   Adobe Acrobat Professional         $ 449.00
   Autorun Wizard                     $ 00.00
   HotDocs (2 licenses of Standard)   $ 500.00
   PaperPort 9                        $ 80.00
    Total                              $ 1,328.00

								
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