Do You Need Case Management Software?
TechnologyBy Dee Crocker
Practice Management Advisor / Oregon State Bar Professional Liability Fund
Dee Crocker has been a Practice Management Advisor with the Oregon State Bar Professional Liability Fund since 1992. She has been employed in law related positions for 30 years, including 3 years as a supervisor of 50 legal secretaries and 3 years as a law office manager. She is a past president of the Oregon National Association of Legal Secretaries and a past board member of the National Association of Legal Secretaries. She is the author of many publications, including The Office Policy Manual and The Office Procedures Manual, published by the National Association of Legal Secretaries and The Litigation Handbook for the Lawyer’s Assistant, published by West.
Are you having problems keeping appointments and deadlines? Do you spend hours reviewing files to determine their status? Would you like to be able to generate letters without having to look up addresses? Perhaps the answer you are looking for is case management software, also as CMS or case management programs. CMS programs integrate your calendar, to do list, contact list, case/matter, documents, billing, phone calls, and e-mail functions by eliminating the need to enter information more than once and increasing the speed of work done, while reducing costs. They can also significantly enhance the quality of your work. They contain built-in logic and expertise that assist the lawyer through the steps of a process, integrate facts and law into effective strategies, help to produce the necessary document, and keep track of deadlines. A case management program that is properly designed and well matched to the needs of a given law practice is a critical practice management tool.
A well-designed case management program should provide the following features:
- Complete data about the law firm’s cases, including all contacts (clients, attorneys, witnesses, etc.), mailers, courts, assignments to be completed, and calendar information in a single relational database that is easily accessible to everyone throughout the firm.
- A method for tracking work performed, time spent and costs incurred on each matter.
- Document assembly capabilities utilizing the available data.
- Checklists that enable lawyers to perform all steps necessary in the handling of a matter, including interviews, document productions, and document filing.
- Ability to monitor communications among lawyers and staff and allow the sharing of documents and information.
- Reporting features that keep track of work to be done, work completed, case status, and advice given.
These programs make it easier to manage a case because all relevant case information is in one place where it is easy and fast to access.
Case management programs available for the legal market range from simple databases to custom-designed applications. It is easy to understand why experts unanimously agree that bringing in a consultant to help choose and install a CMS system is the prudent way to proceed. Since today’s programs are so customizable, many lawyers don’t know where to begin. They’re afraid they don’t have time or computer knowledge to learn the program or use it effectively. A consultant will help you set up the program so that it’s easy to learn and use. They will assist in the customization to fit your practice needs, and some will even import data from existing programs to hasten the implementation of the new program.
The cost of CMS programs varies, from several hundred dollars to several thousand. But the cost of the software is only the tip of the iceberg. What good is the best, most expensive CMS program in the world if no one in the office knows how to properly use it? Proper training is imperative — and not cheap. A good rule of thumb is to expect implementation and training to cost ten times the cost of the software itself. Is the price worth it? Well, nothing is as expensive as a manual system.
Although cost is an important factor, finding the right software for you firm depends on your individual needs. What looks wonderful in the advertisements may be a nightmare to implement. Talk to other lawyers in your area to see what they are using, and find out how satisfied they are with the product. Check out the many sources available on the internet. A good place to start is http://marketcenter.findlaw.com/software.html and search for “case management.” Other resources include Law Office Computing magazine or Lawyers Weekly USA. The ABA has a book on the subject, Computerized Case Management Systems: Choosing and Implementing the Right Software for You, by Andrew Adkins. If you already know what program you wish to use, contact the manufacturer to see if there are certified consultants in your area.
Once you have met with your consultant and decided on the right software, don’t overlook several important steps:
Identify Your Needs: Figure out exactly what it is that you want the software to do. Document every step you take in handling a case, from the intake interview to the file closing. Organize and streamline your procedures on paper and then implement them with the software. “You need to know where you want to go in order to get there.”
Customize the System: Unless your system is customized to meet your firm’s needs, the program will be a nuisance to your staff. Modify screens to make information easy and quick to access. Create shortcuts or other memorized procedures to make using the program simple. The ground work for the main system should be completed before the program is introduced. With continued use, improvements can then be added.
Training: You will find this will be the most important aspect of implementing your CMS program. If staff members aren’t properly trained, they won’t use the program to its full advantage. Adequate training enables everyone to use the program in the same manner, thereby insuring reliable information.
Don’t forget to offer advanced training for those employees who are comfortable with the software. They can be the trainers for new employees and can assist those who are having difficulties learning or using the program.
Keep in touch with the consultant or manufacturer for assistance in troubleshooting problems as they arise. And, make sure you are using the most current version of the software, downloading new patches or purchasing new releases when they are available. Maintenance of the software is a key ingredient in keeping it running properly.
One last point — don’t expect the new system to work flawlessly at start-up. It takes time at the beginning to customize the program, train staff, and enter the initial information. It is not unusual to take up to three months to get everything entered and working properly. Don’t get frustrated. You will find the wait well worth it. Once your system is up and running and everyone is comfortable, you’ll wonder how you ever survived without it.
My Problem and How I Solved It With Case Management Software
1. Clients call the receptionist all the time asking for the date or time of their next appointment (they forgot).
With a CMS program my receptionist, or anyone else in the office, can simply look up the client in the contact case information and find the dates and times of all appointments.
2. I get busy and forget to bill for telephone conferences.
All of my telephone messages are now kept on our CMS program. I can simply open a call to return (or press the telephone icon for a new call), pick the client’s name from the contact list and/or the case name from the case list, the timer starts timing the call, and I can make notes regarding the call. We have integrated our CMS program with our billing software, so that when the call is through, I stop the timer and send the billing information directly to our billing program.
I am also able to look at my notes from prior telephone conversations with the touch of a button (which has convinced insurance adjusters and other attorneys that I have a photographic memory).
3. We were having problems with things that needed to be done not getting on the calendar. We needed to have items automatically calendared.
We are now able to automatically calendar items in two ways: we can either calendar a string of items that are linked together or have something added automatically triggered by some other action. Our CMS program counts the days, months, etc. and factors in weekend days and holidays for us.
When we calendar a personal injury trial date, the items in Figure 1 are automatically added.
There is no limit to the number of items that may be linked. Each individual item can have its own reminder dates to let me know things are coming up, and each item can be checked to appear on my “to do” list day after day until it is marked “Done.”
Any item can be triggered to generate another item. When a new contact with the classification code of “client” is entered and saved, a “document” appears for a letter to be generated welcoming the client to our office. And when a new case is entered and saved, a new “to do” appears to add “conflict check, file created, case entered in billing system” for my secretary.
4. We needed a better conflict system. Because I practice domestic relations and my office is in a rather small community, it is not uncommon for one spouse to call for an appointment and within hours the other spouse will call for an appointment.
Our CMS program enables us to search our entire database quickly, and we can set up the criteria for a conflict search to include all archived data and current data for only those areas that would list a potential conflict. These areas might include:
(a) appointments (for those potential clients that make an appointment but never hire us)
(b) telephone calls (for those potential clients we have spoken with but never make an appointment or hire us)
(c) all contacts
(d) all cases
(e) all notes (this would include a “related parties” note listing any parties that are related to a case and not listed anywhere else in our database)
The results of this search can then be printed to put in the file. This conflict report shows the date the check was done, who did the check, what dates were checked, what words or names were checked, and a list of the results by case.
I can also do a conflict check by social security number, to locate women who have changed their name, or parties with unusual or variant spellings.
5. I do personal injury litigation and my partner concentrates on estate planning. We had an instance when a defendant I was suing in a personal injury case was a potential heir of a large estate my partner was preparing and estate plan for, thereby causing a potential conflict.
With our CMS program we have been able to customize case information to include information specific to a type of case. We now have all potential heirs and devisees (and potential personal representative, guardians, trustees, etc.) entered into our database for all of our estate planning cases.
6. When an attorney or staff person calls in sick, has an emergency, etc., we need to have all of their appointments and to dos available to assign to others.
We are now able to look at anyone’s calendar or to do list instantly. Because all of our information has been entered into a database, we are also able to look at lists of specific events or to dos, i.e., trial dates, depositions, research, calls to make, etc., or at lists of clients, attorneys or other contacts.
