The Paperless Office
The Electronic Transaction
Nancy N Grekin
McCorriston Miller Mukai MacKinnon
Take a Walk Down
Memory Lane
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1970’s
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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
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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
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1990’s
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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
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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
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Hosted and Server-Based
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Hosted extranets or deal rooms are Web sites with password
protected access
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Server Based
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Some are free
Paid sites are sold by the amount of storage required
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
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Document storage and version control
Users can upload, download and comment
Discussions
Contact lists
Calendars
Why Use Extranets and Deal
Rooms?
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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
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Yahoo Groups (Hosted)
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Designed for use as a discussion group
File upload
Listserv style discussion
Database capability allowing contact lists
Password protected access
Microsoft Sharepoint (Software Based)
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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
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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
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Intralinks
eRoom
CynOps from TyMetrix
Deal Central
Net Documents
Merrill e-Collaborate
T-Lex
The Paperless
Transaction
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Document drafts
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Why print?
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Store on your computer and when the deal is done back
up to CD
Paperless issues
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Uses resources
Takes up space in files
Kills trees
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
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DMS
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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 emailing documents with names like
“1K345Q!”
Directory system
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Use directories named by client or
document subject (such as “Leases”)
Name the document by subject or client
Version Control
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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
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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?
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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
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Giving up on the paper-based system of keeping
track of client documents and records
Learning to use electronic document
management tools
Implementation
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Requires
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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
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Truly erasing hard drives when computers taken out of
service
Security of network
Scanners
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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
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Speed
Image management software supported
Need for ADF
Scanner Capabilities
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Scanners on the network can scan and email 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
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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
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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 Webbased extranets
Disaster recovery: paperless with backups stored off-site or on the Web is the
perfect disaster protection
Acrobatics
with Adobe
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Adobe Reader is free and allows you to read
PDF documents only
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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?
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PDF = “Portable Document Format”
A PDF document is a picture of the text and
graphics on a page
Two kinds of PDF documents
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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
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Adobe Acrobat integrates with Word
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Installs icons on your toolbar which allow you to
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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
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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
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Other documents
Locations within the document
Web sites
Insert, delete, move and extract pages
E-Mail Etiquette
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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
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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
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Effective Use of E-Mail
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Formatting E-Mail
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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
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Use a signature at the end of your e-mails
Use the automatic spell checker before sending emails
Format personal information so that the “From”
window includes your name
An e-mail to a client or another lawyer is a business
letter
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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
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A bold suggestion: give up your fax machine!
Using fax machines requires
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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
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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
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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 email 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
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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
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Free account
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Paid account
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eFax and Maxemail offer free in-bound faxes
You are assigned a phone number but can’t choose area
code
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
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Why use?
 Speed of document production
 Quality control or forms
How does it work?
 Three basic elements of documents
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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
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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
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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 clientfacing forms
Why Use Document Assembly
Software
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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
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Available Products
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Software to develop templates for own work
product
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HotDocs
GhostFill
ThinkDocs
FastDraft
QShift
Creating Templates
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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
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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
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What if preparation took 3 hours the oldfashioned 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!
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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
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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
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What you will need
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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
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Create an index in a word processor
Graphics can be included
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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
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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
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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
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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
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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
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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
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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
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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
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Shorthand
Google Toolbar
Google Deskbar
Snagit
Autorun Wizard
Opera Browser
Mozilla Browser
Windows Character Map
$89.95
Free!
Free!
$39.00
Shareware
Shareware
Shareware
Windows Accessories
The Eternal Question:
What Will it Cost?
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Visioneer Strobe Pro Scanner
Adobe Acrobat Professional
Autorun Wizard
HotDocs (2 licenses of Standard)
PaperPort 9
Total
$ 299.00
$ 449.00
$ 00.00
$ 500.00
$ 80.00
$ 1,328.00