Introduction
A scheduling system is a vital part of a solid quality assurance system for the practice of law. Far too often scheduling has been thought of as "docket control" and discussed only by litigators. Lack of adequate deadline enforcement through some kind of systematic scheduling leads to either missed deadlines or hurried work that is not of high quality. This article discusses scheduling software available for personal computers (PC's) in law firms. The article is based on our review of some complete programs, demonstration programs, and literature about the software.
Software Packages
Law office software packages vary widely in content and quality. Many of the packages now allow easy transfer of data, such as dates, name, addresses and case styles, between different tasks. Some parts of a package may be better than others. Many packages have modules: for example, you can use the "docket control" module but skip the accounting module. Many firms have strong preferences of particular accounting and billing software and require that the attorney's scheduling software not conflict with those choices.
The packages are sometimes aimed primarily at a certain size of firm, or are meant to be used only by a single attorney. The single attorney packages should not be ignored by attorneys in large firms. A certain package may provide a great way to manage an individual attorney's specialized practice. Entry of dates and other data on both the individual's package and the firm wide software might be necessary, but dual entry can reduce the chance of liability due to incorrectly entered dates.
Programs have different levels of network awareness. For example, the version of Amicus Attorney software reviewed by the author appears to be suitable only for peer to peer networking, since only one person at a time can use the database for a particular attorney. Such a system might work well for a solo practitioner or very small office, or if the software is used only for a single attorney's use. Abacus Law Plus allows more sophisticated multiuser use on a Novell Network.
Compatibility with Other Software
In planning a law office automation strategy, key decisions should be made at an early stage regarding what is necessary to the overall operation of the law firm and what either must or should remain the object of personal choice for individual attorneys. Analyzing these needs can become quite complex in the full service, departmentalized law firm.
Accounting is the engine that keeps the firm going . . . or so your accounting department will tell you. Yes, you must have a good accounting software package that keeps your firm out of trouble with IRS and the state bar trust account investigators. But accounting shouldn't necessarily dictate how calendaring is accomplished.
A number of package systems allow export of data to word processors, spreadsheets, or databases. For example, Abacus Law Plus keeps its data in Database compatible formats, making it very easy to create custom reports with another database program. The ability to transfer your data to another format could be important if the software you get doesn't work out or you change to different software at some point in the future.
Law Firm Specific Scheduling v. General Calendaring Software Programs
One of the hottest areas for software development since the advent of personal computers has been calendaring and contact software. Packaged "docket control" software is often no more than specialized implementations of such software, and attorneys may want to evaluate general calendaring packages. A number of general scheduling programs work over networks and can provide the ability to schedule among many members of a firm working on a single matter.
What often is not available in general calendaring software that is in the specialized packages is pre-programmed automatic calculation of due dates for specific types of calendar entries. To this author, this feature is both helpful and a potential problem: it can take time consuming manual calculations out of the time spent on a case, but rules change, and they must be reprogrammed periodically.
What the Software Won't Do
Reliance on the software package can lead the more lazy attorney not to verify that more obscure rules haven't changed, or to fail to analyze unique matters pertaining to a specific case. Regardless of the calendaring software used, the determination of many deadlines is still governed by the law. If the computer does not have the information and programming necessary to apply the law correctly, it won't. Some software vendors can provide preprogrammed rules for specific states that are updated by subscription -- are you willing to trust that they got every one right without double checking?
The ability to adjust to quirks in rules also varies widely. Texas' rule requiring answers by the Monday after the expiration of 21 days provides a good test for the adaptability of a computer's rule programming capability. Some package allow holiday and weekend checking -- meaning that if a deadline falls on a weekend or holiday, the software will move the deadline to Friday or Monday depending upon what you tell it to do. Note, however, that holiday and weekend checking won't be sufficient to fully program the Monday after 21 days rule -- what if the 21st day falls on Wednesday?
Another potential pitfall of calendaring software is the temptation to rely on only one calendar. Whether the calendar is on the computer or not, it is best to make calendar entries twice. This can mean entry of data by the attorney and a secretary, a secretary and a paralegal, or entry on a personal calendar and a central calendar. If one person enters the data the chances for a mistake multiply. For example, in one claim the firm had state of the art computerized calendaring software. The only problem was that one deadline was entered as December 11 instead of December 1, and there was no second entry of the deadline on another calendar. The computer did its job, signaling the attorney to work on the file on December 7, the standard four days before the answer was due.
Getting the Most Out of Scheduling Software
Effective "docket control" is not just about deadlines; it requires scheduling work in an efficient manner. Whatever scheduling software is purchased should allow entry and use of "soft" deadlines -- dates to begin working on jobs and dates for completing portions of jobs. Management of the firm should also explore how it could use a central calendar for various purposes. A central calendar can be useful for covering for an absent attorney. A central calendar can be used to evaluate work loads on various attorneys and to assist in judging whether they need extra assistance with that load. It is very possible that a larger firm will need a central system for certain purposes and separate systems for sections or individual attorneys.
Consideration should be given to specialized case management software for different types of practice, particularly if an attorney or group of attorneys focuses only on a narrow specialty. Systems that are programmed with specific deadlines in specialized areas of practice are available. In some cases, these packages come with preprogrammed forms as well. "Litigation management" software may allow scheduling as well as cataloging of discovery responses and depositions.
Software Vendors
This article is not going to endorse any particular software, but rather suggest how to find the software. See if the vendor will provide the software on a trial basis -- some will and some won't. You can also consult with a consultant who specializes in law firm systems.
One very good compilation of software available is the Annual Legal Software Directory published by the Lawyer's PC. The Lawyer's PC is a publication by Shepard's McGraw Hill that addresses issues relating to use of PC's by attorneys.
A resource that turned out to be a disappointment to this author was the ABA Legal Technology Resource Center. I did not try their Law Tech Center in Chicago, which may be an excellent way to evaluate software hands on, but the expensive written materials available from the Technology Clearinghouse were quite outdated. To reach either the Center or the Clearinghouse write or call the American Bar Center, 750 North Lake Shore Drive, Chicago, IL 60611, 312-988-5465.
This author reviewed the following software in preparation of this article. The author appreciates the assistance of these vendors, and would note that both did answer various technical questions. Both vendors noted that upgrades are in various states of progress. Not all statements made have been double checked with the vendors -- they may know some way around the questions raised here.
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