Case Management Systems - The New Generation
by
Andrew Z. Adkins, III
Legal Technology Institute
at the University of Florida College of Law

Introduction
Computerized Case Management Systems have come a long way since the days of DOS. With law firms facing increased caseloads and not so increasing revenue, lawyers and legal professionals are looking for ways to become more productive and get a better handle on managing their cases without going broke. There are many ways to accomplish this, some require changing professions. A more practical approach is case management system software.

The New Generation Case Management System
We are currently enjoying the third generation of case management systems. The first generation systems were few and far between and mostly clunky (technical term). Of course, back in the early 1990's we didn't have the luxuries we enjoy today with modern computer systems. The first generation system brought us a database to mate with word processing. The second generation brought in the calendaring systems and the ability to "customize" various pieces of the case and client database. Now, we have those functions as well as the 32-bit desktop operating system (Windows 95/98/NT/2000), which gives us seamless integration with other software applications. Currently, there are over 75 computerized case management systems on the market.

Can You Define Case Management?
That's a tough question to answer. There are dozens of definitions for case management and I've heard most of them. In my experience, the simple answer depends upon what you want to hear. Basically, case management software systems consist of several "functions," all interacting in one system. For example, a basic function is the client database; another is the case database. Don't get hung up on what a database is – it's not that complicated. Think in terms of what your firm does now to keep track of client and case information. Most likely for clients, you have a rolodex with contact information for clients, interested parties, and other legal professionals. That's a database.

For each case, you have several file folders stored in a filing cabinet. Again, that's a database. There are various pieces of case information in that file: correspondence and reports received from the outside, documents generated from within the firm, and numerous handwritten notes. Most likely, you probably have most of the same information on the computer (or somebody's computer). Now, you may start to see the benefits of the basic case management system: a database with organized information. If all the information in your client's case is on the computer, do you need to go to the paper file? Of course you do, but not as often as you do now. Finding the information on the computer is relatively easy, assuming (yes, I know what ‘assume' means) it's stored in an organized fashion.

You also keep a calendar, somewhere. You may even have two or three (one for you and one for your secretary; perhaps another for the firm?). Many firms still employ manual calendars; that's OK, but when trials are rescheduled or postponed, it's a nightmare to change every entry in the calendar, and that's not including the time to calculate ticklers. I know secretaries who take several paper calendars home at night to synchronize them. Calendars and Dockets are another function of computerized case management systems. Not only do they automate calendaring (and tickling), but they integrate with the case information and the client information. In other words (we're talking Microsoft Windows environment here), you can select a date on the case management system calendar, then instead of retyping the client's name, you simply "link" the client to the calendared time with a "point & click." This way, if you have several calendared items for a client (or the attorney for that matter), you can create a calendar report that lists all calendared items for that client (or the attorney). It's really not that complicated. But wait, there's more.

Many attorneys dictate correspondence, memos to the file, or other case-related documents, then have the secretary or paralegal type the documents, which then ‘magically' appear on the attorney's desk later that day or the next. With a computerized case management system that includes document assembly, those documents can be generated in a few seconds. The information previously entered into the client database and the case database now "merge" into the firm's word processing documents. No more searching for an old case document, changing the date, the client's name, case number, etc. But wait, there's more. Now when the document is generated for the client, an entry is automatically made in the case diary (another case management system function). This way, whoever works on the case, all information is up-to-date on the case in the computer. If the attorney or paralegal talks with the client or meets with opposing counsel, they can enter the information directly into the system – no more having to look for the file to report status to the client. It's all there on the computer system.

Those are the basic five elements of a computerized case management system: case & client database, calendaring, document merge, case diary, and reporting. Most case management systems on the market provide these basic functions. The major differences in case management systems are in how you enter and view information (the "user interface"), how information flows through the case management system (the "workflow"), the costs, and the implementation.

Where Does Your Firm Fit?
Now you know the basics of computerized case management systems. How do you figure out what case management system is best for you? Another good question. Before choosing a case management system, you need to first understand how your firm handles its cases. I know, you're telling yourself you already know – but, do you know how the case and client information ‘flows' through your office? That's the key – knowing how this information goes from the initial client telephone call to case settlement will help you understand two things immediately: one, the current manual case management systems in place and two, where bottlenecks (i.e., where you can become more efficient) occur.

"Performing a workflow analysis is best left to a professional." "Don't try this at home." Yes, well, we've all heard from the professionals and, while there are many good consultants and systems integrators in the legal profession today (many are my friends and colleagues), you can start the exercise and at least get some feel for how things work in your firm. I'm going to lead you through what is known as a "workflow analysis." Here's how to do it:

There's probably more, depending upon the type of case you are tracking, but you get the picture. Remember, this exercise is not futile; instead it will help you better understand how information flows through your office. There's an old saying in the legal technology industry, "You can't automate CHAOS." If your firm doesn't have a smooth manual case management system, then trying to automate it may lead to more problems than you care to handle.

Successful Implementation in Your Firm
Notice I haven't mentioned any case management system software developers in this article. There are two reasons for that: one, there's not enough room to give them justice and two, there are plenty of resources (see below) to offer you software reviews and evaluations on these products. It's more important for me to provide you with the guidelines and advice about what these systems can do for your firm. If you understand the essentials, then the homework of selecting a case management system will be much easier. You'll know what the systems can do, the developers and sales consultants will demonstrate their software, tell you the costs, and you'll know what you need to do to implement the system in your firm.

You will have to do some work. Most of the case management systems available today are customizable, meaning you can configure them to the way your firm works (now you know why it's important to perform the workflow analysis - to determine how information flows in your firm). There are several things your firm will need to prepare for the CMS integrator: 1) the client intake sheets – these define the user interface. 2) The word processing documents used in the firm – these will become templates. If your firm's attorneys ‘take pride in authorship,' well, you'll have to figure out how to handle that. 3) The "calendar rules" used for the firm's cases. All of these will be used in the new case management system and if you don't gather them yourself, you're likely to pay someone to do it for you.

When you select a case management system, there is at least a two-step implementation process. First, you'll need to let the integrator configure the system for you with the information you provide. That will take a little time, but it's usually a one-shot deal. Once it's done, then the system is ready for use. The more complex case management systems may take a few weeks, the simpler ones usually a day or two. The second process is training. Do not (I repeat do not) let this phase slip. You'll save a little money by not having training, but you will lose so much in staff and attorney productivity time the system will not be used (no one can figure it out) and you'll have purchased another piece of "shelfware." Figure one day of training time on the simpler systems and perhaps one to three days on the more complex systems.

Wrapping Up
Case management systems can make the firm more productive. Case management systems will change the way your firm practices law. Case management systems are in their third generation. They are easier to use, they integrate with other systems (such as time & billing, document management, scanners) and they are beginning to become "web-enabled." These types of issues help shape the industry and determine the future of law office computing.

About the Book
I'd be negligent if I didn't point you to my book, "Computerized Case Management Systems: Choosing and Implementing the Right Software for You," published by the American Bar Association's Law Practice Management Section and available through the Internet (http://www.abanet.org/lpm/catalog/). I wrote the book mainly to serve as a catalyst for the legal profession to take notice of computerized case management systems. (No, I didn't write it to become rich and retire; though if everyone who reads this article buys it...). These systems can help law firms better manage their caseloads and the intention is to present in an easy to read format what case management is, who are the major players, and how to make it work in your firm. There are three main sections: 1) Defining Case Management; 2) Case Management Systems & Developers; 3) Implementing Case Management in Your Firm.

Another valuable resource is also attributed toward the book. I've created a web site (www.law.ufl.edu/cmsbook) that includes some of the information in the book, but more important a "portal" for case management systems information and hyperlinks to CMS developers and other CMS articles.

Law Practice Management magazine is published by the ABA Law Practice Management Section and periodically covers case management systems. Law Office Computing magazine (www.lawofficecomputing.com) is published by James Publishing. This bimonthly magazine also carries articles about legal technology, including case management systems.

Finally, come to the ABA TechShow conference, sponsored by the Law Practice Management Section. At this leading legal technology conference, you'll find more than 75 educational sessions (several specifically for case management systems), more than 150 legal technology exhibitors, and the best of the best of legal technologists. The conference enjoys more than 2500 legal professionals from around the world for three days of learning, networking, and enjoying this wonderful industry. For more information, visit the ABA TECHSHOW web site, www.techshow.com.