Disclaimer: This outline article was prepared in January, 1997, for the Law Office 2001 Technology Seminar and Exposition held in St. Louis, Missouri, on March 13, 1997. The information contained herein was accurate in January, 1997.

Practice Management Aids for the Solo Practitioner
and Small Law Firm

Christine A. Gilsinan
Attorney at Law
SoLaw Practice Computers

1. A brief history of legal computing
1. While computers have been around since the 1940's, they were used mainly in military, educational and large commercial settings. They required a great deal of space and a temperature controlled environment. Original data entry took the form of "keypunch operators" inputting information into large mainframe computers which, for a large organization, may have taken up a complete floor of operations.
2. The Personal Computer's advent in the 1970's began the democratization of computer technology.⁽¹⁾ Instead of using large mainframe computers, a user could input data and analyze it at a "station" no bigger than a person's desktop.
3. Many lawyers began to acquire dedicated word processors, a limited form of computer, ideal for a document dependent profession.
4. As the PC emerged as a tool which could accomplish many tasks in addition to word processing, lawyers began to acquire personal computers to perform other tasks as well.
5. Today, most lawyers who have invested in computers have chosen to use Personal Computers ("PC's", based on the IBM system of personal computing). A minority choose Macintosh computers (manufactured by Apple Corporation), which were (and remain) more user-friendly, although recent software improvements (notably Windows 95 operating system) appear to be challenging the "Mac's" claim to ease of use.
6. This article will deal with software applications for the Personal Computer (IBM, IBM-compatible or "clone" of IBM product) in the law office, although many of the software programs mentioned offer Macintosh versions also.



2. A Word About Hardware: Another section of Law Office 2001 deals with "Choosing the Right System for My Law Office" and discusses hardware choices, including computing power, hard disk space, and memory choices. While this article addresses software choices, it might be helpful to describe the hardware used in my law office.
1. The primary office stand-alone (or stationary) PC consists of the following components:
1. Processor: 120 MHZ Intel Pentium P54C chip
2. Memory: 16 megabytes
3. Hard Drive: 1.6 Gigabytes
4. Floppy Drive: 3.5" 1.44K
5. CD-ROM: x. Drive
6. Ports: 1 Parallel port, 2 Serial ports
7. Mouse: 2-Button Microsoft Serial Mouse
8. Modem: 28.8 Kbps v.34 Modem
9. Sound Card: Creative Labs Sound Blaster 16
10. Monitor: NEC MultiSync, 15 inch
11. 101 Key keyboard, External Speakers (10W per channel)
2. The office's portable Notebook or "laptop" computer is the IBM ThinkPad365XD (total weight: 7.2 pounds), which contains:
1. Processor: 120MHZ Intel Pentium P54C chip
2. Memory: 24 megabytes
3. Hard Drive: 810 megabytes
4. Exterior floppy Drive: 3.5" 1.44K
5. CD-ROM: 4x Drive
6. Internal 16 bit audio system with a single speaker
7. TrackPoint III pointing device (replaces a mouse)
8. 10.4 inch color active matrix screen



3. A word about Operating Systems. Operating systems are software with which all other software on the computer must be compatible.
   1. The original operating system in the IBM or "clone" PC was called "MS-DOS" (called "PC-DOS" by IBM) which stands for "Microsoft Disk Operating System".⁽²⁾ However, many lawyers, even those who pursued training in DOS , found it a difficult system in which to work. As a result tasks associated with automation usually fell to the lawyers' support staff.
   2. However, in 1990 the maker of the MS-DOS system (Microsoft) brought to market a new, more "user friendly" operating system: Windows 3.0. The system resembled a Macintosh's "graphical" presentation and "point and click" operation. It also spawned a string of lawsuits with Apple (Macintosh's producer) suing Microsoft (Windows' producer) for copyright infringement.⁽³⁾
   3. By the time Windows 3.0 was introduced, many lawyers had already committed to the DOS operating system and questioned whether they should switch to Windows, possibly a "flash in the pan." Such doubts were fueled by anecdotal accounts of "bugs"⁽⁴⁾ destroying files and wreaking general havoc. Now, however, the battle between DOS and Windows is over. Windows won. Anyone who doubts it can go out and try to find a new "killer" application for DOS. There are none. Currently Windows 95, and soon Windows 97, with their ease of use, integration with other programs and visually appealing graphics, are the operating systems of choice for busy attorneys.
      1. Windows 95 is more user friendly when compared to DOS and Windows 3.1.
      2. Windows 95 doesn't crash or "lock up" nearly as often as Windows 3.1
      3. Windows 95 can do "multitasking."
      
      
      
4. Now, the software
1. One of my favorite computer gurus, David Vandagriff, has written "[Y]our software decisions will be far more important [than your hardware decisions]. Your computer is like your home stereo system. The software is like the CDs and tapes you play on it. A poor computer with good software will always be more useful than a good computer with poor software. If you're looking for Mozart and your computer is playing Guns 'N Roses, you will not make beautiful music together."⁽⁵⁾
2. Here, I will try to guide you through the maze of software by discussing those programs many solos think are indispensable and those I find to be so. But first, a word from my office.
   1. I practice in a small town in Missouri, Webster Groves. Most of you already know that that small town is quite close to St. Louis, but it's so much more fun to picture an isolated rural setting when discussing the access, efficiency, and production attainable with computers.
   2. I have one other full time staff member, a legal assistant, Helen Deichman. The law practice is limited to two areas: estate planning (and related real estate and small business matters), and research and appellate work for other lawyers. Additionally, Helen, one other staff member and I train lawyers and other legal professionals in the use of computer software, through a company called "SoLaw Practice Computers, LLC."
   3. We use software in the following areas.
      1. Operating System
      2. Case Management: Calendaring and Docketing
      3. Word Processing
      4. Accounting and Bookkeeping
      5. Time and Billing
      6. Legal Research
      7. Internet access.⁽⁶⁾
      
      
      
5. My Operating System software is Microsoft Windows 95 for the reasons discussed above.
   
   
6. A good Case Management System can act as an overarching program, organizing your practice and giving you, at a moment's glance, an overview of your cases, events, things to do, and your contacts. There are several on the market, specifically designed for the law office.
   1. Sidekick was an early planner and scheduler which has become one of the components of Corel's WordPerfect 7 Suite . Its Cardfile helps keep track of anything from the Address Book to inventories to reference materials. Its Calendar is used for scheduling appointments and managing short and long term tasks. Its Reminder View gives an instant overview of your appointments, calls and ToDo lists. As mentioned, it is included with Corel's Suite so may be a good place to start to keep track of calendaring, scheduling and contacts.
   2. Another, relatively inexpensive program for keeping track of client information only is MyAdvancedMaillist by MySoftware Company.
      1. This product is a "flat database".
      2. It lacks a scheduling feature.
      3. However, it is inexpensive and easy to use. Its data is "exportable" to other programs.
      4. Before migrating to a full blown case management system I used MyAdvancedMailList and was able to quickly access client information and send out mass mailings of holiday cards.
   3. The case management system I use now is TimeMatters from Data.txt Corporation.
      1. The information from MyAdvancedMailList was fully exportable to TimeMatters, so no time was lost re-inputting information on hundreds of clients.
      2. TimeMatters is a Law Office Calendar, Tickler, Contact and Case Management Software.
      3. Data is entered only one time and, when changed, the change occurs throughout the system.
      4. It organizes Events, To Do Lists, Client Contacts and Cases.
      5. You can "launch" to other software applications.
      6. Once data is inputted, reports of events and cases are readily obtainable (Figures 1 & 2) as are Calendars, showing the events in the context of the day, week or month (Figure 3).
      7. And, most importantly for my practice, information inputted one time is fully exportable for document assembly in my word processing program.
      
      
      
7. Word Processing:
   1. David Vandagriff had a few words to say about word processing: "The legal world is divided into two groups, lawyers who type and lawyers who do not type. While there is little doubt than an attorney will some day be able to dictate to a computer and see his or her words appear on the screen, that day is several years into the future. In the meantime, there is much to be said for learning to type. Those attorneys who do type can more easily explore the features of their office computers and understand what the computer can do for them."⁽⁷⁾
   2. Vandagriff suggests that certain things are more susceptible to being typed by the lawyer than others.
      1. The Secretary/assistant would type:
         1. Cover letters
         2. Documents which do not require precise draftsmanship and which deviate significantly from computer forms.
      2. The Attorney would type:
         1. Documents for which there are well-developed computer forms, but which often require some minimal customization, such as wills or dissolution of marriage petitions.
         2. Briefs.
   
   
   
8. The programs.
   1. The leading contenders in word processing programs for lawyers are WordPerfect (by Corel), Word (by Microsoft) and WordPro (formerly AmiPro) by Lotus.
   2. For years, the majority of lawyers used WordPerfect. But after WordPerfect was sold to Novell it declined in popularity. It has recently been acquired by Corel, which promises to bring back the unlimited support (and attention to the concerns of lawyers) that won it its following in the first place.⁽⁸⁾
   3. In the meantime, Microsoft has made a concerted effort to woo attorneys to its word processing product, WORD.
   4. A good word processing program can assist the lawyer and the lawyer's staff immensely. I use Corel's WordPerfect 7 for Windows 95 and find its features useful for the following tasks.
      1. Estates Practice.
         1. Forms generation for mailing to clients.
         1. Figure 4 is an Estate Planning Checklist, generated in WordPerfect 7 and using the Tables feature. The form can easily be modified. Information supplied by the client will easily be entered into like categories in a "data" file for merging documents.
         2. Document assembly. WordPerfect's "merge" feature is particularly useful for estate plans.
            1. Figure 5 shows a "data" file, with the "fields" to be completed.
            2. Figure 6 shows a partially completed "data" file.
            3. Figure 7 is the "form" file (which will be merged with the data file).
            4. Figure 8 is the completed, merged document.
            5. Other tools helpful to our work are: the ability to "chain" documents. For example, while Figure 8 is a completed document, we usually prepare several documents at one time (using the same "data" file). Chaining allows them to all be produced at one time, rather than having to open a will form first, then a power of attorney form, etc.
      2. Appellate Practice.
      1. Timesheets for appellate practice.
      1. Our appellate practice is particularly deadline oriented and requires close monitoring and advising co-counsel of deadlines and whether they have been met.
      2. We developed the form which appears as Figure 9, which the paralegal generates after each date has passed, and which highlights (by use of the "redlining" feature in WordPerfect) the next impending deadline date (see "highlighted" date at bottom of page of Figure 9.)
      3. The form contains calendaring information, names and addresses of all participants, court case numbers.
      2. In the appellate practice, other useful features include:
      1. The ability to write separate sections of the brief (subdocuments) and, when all are finished, merge by means of a Master Document (which merges all the subdocuments in the proper order, correctly numbered) with the push of a button.
      2. Instant generation of Table of Contents and Table of Cases.
      3. Every day correspondence is made easy by the use of macros, which come shipped with WordPerfect (or which can easily be created by the user). For example:
         1. The "Very truly yours," closing is inserted automatically when I select a "button" from the button bar.
         2. I select to whom I wish to address a letter from an address button on the button bar. The "macro" automatically calls up the letterhead and fills in the name, address and salutation.
         3. After typing the letter, I select another button and another macro formats and prints a corresponding envelope (with "bar codes" to speed delivery).
         4. Other shortcuts can be added to the "button bar."
            1. I have placed the two "footers" at the bottom of the pages of this article so that
               1. By looking at the footer at the left bottom of the page, I can easily locate it on my computer (the footer contains the "path" of where the document is located) and I can retrieve it immediately for editing; and
               2. By looking at the footer at the right bottom of the page, I know whether the draft I have in my hand is the latest draft.
         5. Tailored letterhead and brochures are easily produced. I recently merged my solo practice with two other solo practitioners to form "Russell, Tompkins and Gilsinan, LLC." We each retain our private practices but share a library and some costs. Figure 10 are the new letterheads (developed in under 30 minutes) for use in both the law firm and for SoLaw. Figure 11 is a brochure produced in a under two hours for SoLaw.
   5. Accounting and Bookkeeping.
      1. Quicken is an inexpensive tool which has gotten better over time and is especially useful, in my practice, to keep track of probate estate income and expenses and for tracking IOLTA retainer accounts.
      2. A more advanced program is Quickbooks, made by the same company, Intuit.
      
      
      
   6. Time and Billing
      1. Every solo practitioner and small law office needs a cost-effective, simple way of billing clients when hourly billing is required. TimeSlips fits that description. The cost of the program for one user is minimal and well worth the investment. TimeSlips is user-friendly; one need only train a few hours to have the program up and running. Data entry is very simple.
      2. Clients want to know what they are paying you for. TimeSlips produces accurate, detailed and concise billing that allows the client to not only see each charge but it gives you, the attorney, proof of work done, should there ever be a billing inquiry.
      3. TimeSlips allows a quick printout of pre-billing worksheets so the attorney can review the billing before the final bill is mailed and make adjustments on charges if necessary. TimeSlips also has many report capabilities and its usage can expand with the needs and staffing of your office. TimeSlips capabilities for maintaining on-going charges on a month-to-month basis makes it an ideal way to bill on-going client projects. It is also a simple matter to produce a billing for clients at a moments notice, the program is that fast and efficient.
      4. For new attorney the completed billing for a client matter can be an excellent learning tool, acting as a guide to what the attorney should charge in the future.
         
         
   7. Legal Research and Communications
      1. CDROM and Online legal research opportunities are becoming increasingly important.
      2. Truly, this has leveled the playing field for the small firm.
      3. Additionally, Internet access is becoming increasingly important to obtain legal resources and perform legal research cheaply.

Practicing law as a solo or in a small law firm is more fun now than ever. For further information you can contact any of these other resources to see just how much is available for the small law firm.

• Law Office Resource Center (St. Louis). Sponsored by the Solo & Small Firm Practitioners Section of the Bar Association of Metropolitan St. Louis. Phone: (314) 421-4134.
  
  
• Missouri Bar Law Practice Management Information Center, Jefferson City, Missouri, Phone Number: (314) 635-4128.
  
  
• American Bar Association's Legal Technology Resource Center/Technology Clearinghouse/Referral Program Survey:(312) 988-5465; fax (312) 988-5037; email: LTRC@attmail.com.

Footnotes