Implementing a case management system
can elicit anxiety from even the most technosavvy legal professionals.
And converting from one document manager to a new and unknown system
can be no less intimidating. In the world of small-practice law
firms, such tasks often have been handled entirely by only the most
technically inclined legal professionals, whose technical experience
sometimes affords them a level of competence needed to avoid making
a mess of things.
Increasingly, however, the function of paralegals
as the curators of information within the firm is dictating their
larger role in the process. Because legal assistants move and organize
the documents and various data in and out of software applications,
including case management systems, their input on the implementation
of said programs is seen by many as crucial. While installing and
debugging a new system is still, in large part, the job of those
with extensive technical experience, customizing the layout and
design often involves a paralegal more often than an attorney.
“It can be intimidating,” said Jacqueline
Bryan, a paralegal with Richard B. Kilpatrick, a solo practitioner
in Bellevue, Wash. She said apprehension among paralegals about
working on a case management system conversion is justified, because
it’s not hard to ruin or destroy a program. But that should
not stop them, she added. Regardless of their level of experience,
paralegals should let go of their fears and dive right in, because
it’s a valuable experience that will prove useful now, and
throughout their careers.
After incorporating Time Matters, a popular
case management program by DataTxt Corp., into their office, Bryan
soon realized it was not what she needed. She struggled along for
a while, but it was simply too cumbersome and too unstable —
crashing frequently and disrupting her work.
“It wasn’t working well for her,”
said Dick Kilpatrick, Bryan’s supervising attorney. He claimed
Time Matters made the retrieval of information difficult and time-consuming
for Bryan, so he purchased a copy of Case Master, Version 10. Now
known as PracticeMaster, the program is a popular
and established case management program from Software Technology,
Inc. that allowed Kilpatrick and Bryan to set off down the darkened
path of system conversion.
“I handled the really technical end,” Kilpatrick said,
“but a lot of the technical stuff just gets you to one place.”
Layout, the design of specific fields and a host of other interface
issues must still be confronted, he said. And rather than simply
handling the whole thing himself, he brought Bryan into the fray
because she is the one who will use the program most.
“This way we have something more like what
she can use,” he said, adding that by having her help decide
“on the conversion issues, I have a better picture of what
we should be attempting in enhancements.”
The collaborative project took about four weeks
total, Kilpatrick said. Bryan provided a perspective unavailable
to Kilpatrick, who worked with her to determine what to import from
the old program and what to leave behind. “Because I handle
the data entry end of things, I was more familiar with case matter
upkeep and some of the more customized options we would need,”
Bryan explained.
“She would provoke me to think about things,”
Kilpatrick said. “I didn’t have to undo many mistakes.”
As the conversion and design process unfolded,
Kilpatrick and Bryan realized more time should have been allotted.
“Our work is complex litigation, so every day is different.
If we had realized what was really involved, we would have spread
the implementation out more — say maybe six weeks —
and would not have been in such a rush to get it done,” Bryan
said. While there were a number of glitches and a cumbersome technical
learning curve, Bryan admitted that the biggest obstacle was finding
time to continue operating their small practice while trying to
implement their new case management system.
“Trying to implement it and keep up with
the office work was difficult,” Bryan said. “We had
to do it in bits and pieces.”
Another challenging lesson Bryan said she wants
to share with other paralegals was the need for patience during
the conversion process. “I’m the type of person where
I want something and I want it now,” she said. “But
it’s not something you can just do in a day.” The initial
design is only the beginning, she added. The customizing process
can be seemingly endless.
The new system’s capabilities are
proving more satisfactory than Time Matters, Bryan said. PracticeMaster
better fits her firm’s customizing requirements, and it doesn’t
“crash all the time.” And, a number of pleasant surprises
followed implementation, including the discovery of templates in
the program that can be customized for use as court-date ticklers.
Bryan’s wish list, however, is still lengthy.
She said she wishes PracticeMaster could take information
from case notes and automatically turn it into an e-mail to be sent
to attorneys quickly and more efficiently. The calendar section
makes it difficult to find “todos,” she said, and finding
relevant information means scrolling down a long list.
“You have to go in and search for the information
and some things get lost in the shuffle,” Bryan said. But,
“overall it is OK.”
Before conversion from one program to another becomes
a necessity, a small-practice law firm must have implemented its
first program, a daunting task for some. And, as proven by Bryan’s
case, deciding on the right program from the start isn’t easy.
“The decision takes a little thought,”
said Shawn Peterson, a paralegal with Schmidt, Ronca & Kramer
in Harrisburg, Pa. His firm, a small practice with five attorneys,
recently implemented Needles, their first case management program.
For Peterson and his boss, deciding on what to buy was the hard
part. After using listservs and talking with professionals about
a number of programs, they decided Needles would best suit their
needs. A consultant, who was supplied by the software manufacturer,
then helped mitigate some of the challenging tasks in the set-up
process. The ongoing implementation, though cumbersome and time-consuming,
has been relatively smooth given the project’s size and scope,
Peterson explained.
The firm’s management assigned five people
to act as the “core group,” those who will make the
decisions and learn the software, including Peterson, two attorneys,
the office manager and a legal secretary. Peterson was appointed
the “go to” guy on the project again because, as a paralegal,
he will be the one who will use the program most. He has worked
closest with the consultant and does all of the data entry —
the initial part of which took about four days.
“It’s important to have one person
doing this,” said Gerry Kramer, Peterson’s supervisor.
“For these systems to work properly, they have to be uniform.”
Accordingly, Peterson and one legal secretary are the only ones
with the power to make changes to the design of forms and fields,
and setting up other protocols, he added. That way, uniformity is
assured.
“He’s been very effective,” Kramer
said of Peterson’s involvement. Things such as proper grammatical
structure and other issues like designing letter formats are the
kinds of important, detail-oriented skills unique to his background
as a paralegal. He intimately knows how the cases flow. He is also
the one who worked on previous versions of Microsoft Word, a talent
in short supply and much demand at his firm as it implements its
first case management system.
Until the program is up and running with few or
no glitches, Peterson noted, decisionmaking and training will be
limited to the core group. “The rest of the firm is kind of
out of the loop right now,” he said. “It hasn’t
really touched them.”
Peterson’s expectations of an increase in
efficiency have not yet been met since the program has not been
fully implemented. But he is excited by what he has done so far
and by his future role as the one who will be in charge of the program,
despite it being “a lot of work.” Setting up documents
has been most challenging, he said, but the consultant is continuing
to help him overcome the learning curve.
Peterson has some advice for paralegals and their
supervisors considering their first case management program. “Definitely
do the research,” he said. And once the right program has
been chosen, the paralegal who will use it most should then study
it to prepare for the cumbersome process of implementation and training.
Hands-on experience is a big plus, Bryan added.
Don’t pass up any opportunities to get experience with a case
management program before, during or after an implementation or
conversion. “Paralegals who do not have hands-on experience
should speak up,” she said. And, “don’t get discouraged
if one program doesn’t meet your needs.”
Because she was part of the process, she now has
a better understanding of what is possible and how to communicate
that to her boss. And the result is an appropriate system that continues
to work efficiently.

John Caldwell is a freelance writer based in Los
Angeles. He is a former business manager who holds a bachelor’s
degree in journalism. He writes for numerous national publications
that cover a wide variety of genres. John can be reached at tandj@tempuscorp.com.
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