Trial Magazine

As plaintiff lawyers, we’re used to adapting to meet obstacles head-on—and the pandemic is no exception. Switching to full-time remote work created numerous hurdles related to productivity, access, and efficiency. It has been a struggle, but it also allowed us to build resiliency, find new efficiencies, and plan ahead to face future problems. Addressing technology issues that you may have put off before the pandemic should be part of that process. As managing partner at my firm (and de facto head of the IT department), here are my tech-related recommendations for how to survive and thrive in this new normal.

Pick a Chief Technology Officer

Every firm needs a chief technology officer, but the position can mean very different things to different firms. Large firms have the capital to hire a dedicated in-house tech expert to guide decision-making, implementation, and user training, as well as regularly update the firm’s technology needs.

Smaller firms, however, may not have the necessary resources. Consider hiring a third-party consultant to coordinate with vendors to find the right solutions for different needs. Look for a company with experience handling IT for a firm your size­—this helps manage expectations and the budget. Dig into the company’s familiarity with your particular environment (such as Mac versus PC), your existing applications (such as your email and calendar systems), and your network setup (how you connect to the internet and how the devices in your office connect with each other).

My firm uses a hybrid approach that has worked well: We look at which areas of the business can most benefit from technology and which companies provide the best solutions. From there, we select vendors that provide the best customer training and support. Reach out to current users for their feedback—even consider visiting the office (in real life or via Zoom) to see how a piece of technology is being used. Discuss the transition process, how long it took to get comfortable with the service, and how helpful the vendor was throughout.

Next, look at the vendor’s customer support site—ideally, there should be a search bar, how-to articles and videos, and a live chat feature. To ease the Sisyphean burden of keeping up with new vendors and tech advances, join legal tech communities affiliated with your local or state bar association, and attend relevant seminars.

Engage Your Team

Having the right technology only helps if everyone knows how to use it and does. Review your existing technology and assess the pricing and quality of your current vendors on a regular basis. I typically do a thorough review of our firm’s systems annually, but I touch base with my team to go over any current problems or frustrations at least monthly, as those issues need to be resolved more expediently. Sometimes the best way to get a sense of how things are working is to sit next to your employees (or screen share virtually) and let them show you what works and what doesn’t.

I cannot stress enough the importance of involving your entire team when considering new technology. The best, most cutting-edge tool is worthless if everyone’s not using it. You may know how you would incorporate certain technology, but be open to learning how paralegals, assistants, and receptionists would—or would not—use it. Also, many of us purchased software or hardware at the start of the pandemic piecemeal or because it was what was available at the time. But that doesn’t mean our employees are making the most of it or have found it useful.

Speak with your team to see how they use the technology you already have, what they like and dislike, and what they would change. This approach should extend beyond your office. Develop relationships with your vendors, and do not hesitate to suggest improvements. For instance, our case management system has a “preferred user” site where a select group of customers can suggest changes, vote on their importance, and get feedback from the company on updates. If the vendor shows an inability to change or, worse, a disinterest in doing so, it is a warning sign.

Training. Many of us may be familiar only with the basic features of the programs we use, and some complaints or perceived shortcomings can be handled with training on how to get the most out of your firm’s tech. Any reputable vendor should have extensive training available on its website, from FAQs to instructional videos. During training sessions, encourage your team to ask questions.

Policies and procedures. Now that we have acclimated to this new normal, it is a good time to create or update your policies and procedures to help train new employees and guide existing ones. The term “policies and procedures” often triggers eyes to glaze over, so keep it simple to start: Basic checklists are often the best format. Ensure completeness by considering categories across the board, including technology and security, case management, and office administration (such as where to find things). Keep these policies in an easy-to-find location accessible to everyone on the team.

Tools of the Trade

As you consider what to keep and refine from the initial crisis of switching to remote work and what you still might be missing, here are some of the most common tech areas that firms need.

CMS. I know that our firm would have struggled mightily during the pandemic without our case management software (CMS). Security and access are paramount—everyone must be able to access the CMS from anywhere, anytime.

Local CMS, typically housed on a server in your office, can be accessed remotely, but it must be able to handle traffic (from inside the office and remotely) from the entire firm at all times to be effective—meaning it depends on the internet connection in the office. Cloud-based CMS is typically supported by servers with massive access capabilities.¹

Cloud-based CMS should be run across multiple servers in multiple locations, which provides stability; if one server goes down, traffic gets diverted to another, redundant server. This design also provides security: Cloud-based CMS servers are regularly scanned for security weak points, housed in physically secured locations, and routinely backed up. For example, if the CMS runs off Amazon’s servers, which many high-profile companies use, you are as secure as you are going to get.

Devices. We are an Apple office, and I like the reliability, cross-device functionality, and ease of use these products provide. But regardless of what brand you choose, focus on laptops, tablets, and smartphones—devices that allow for working anywhere. Mobility is the key issue here, so consider whether the device requires a Wi-Fi connection or whether it can access the internet via cellular service.

Smartphones can raise HR issues (Who owns them? Who has access to data on them? What happens to them when employees leave?), but the reality is that your team uses them for work. You need to account for smartphones when reviewing your firm’s device structure. Most people don’t want to have multiple smartphones, so we take a “streamlined” approach. Each person has his or her own phone but is reimbursed a portion of the monthly cost. We make it clear that in exchange for this benefit, they must use certain security measures (discussed below).

Software and apps. In addition to reviewing our technology needs, my firm has been brainstorming how to improve other facets, such as marketing, workflow, and business issues. Mind-mapping software has been a useful tool. I used MindManager in the past but have switched to MindMeister (mindmeister.com), a cloud-based software with an app option. Working with this technology to organize and connect ideas allows a free-flowing brain dump that you can then review and organize into a cohesive plan. This software is also a fantastic way to prepare for a deposition or an oral argument or to draft a brief. I now prefer using the program over outlining.

Security. Firm security—your client’s security—is only as good as your firm’s weakest link. Require that every employee have a password manager for all work-related accounts. Password managers create and store randomly generated passwords of varying lengths for each different account you have. The best password managers incorporate as extensions into internet browsers and as apps for tablets and smartphones, making them very easy to use. We use LastPass (lastpass.com), which offers individual user accounts or a company-wide option for a single person to manage every employee’s account, making it easier to turn on and shut off access.

Virtual private networks (VPNs) can safeguard data, especially if someone needs to use public Wi-Fi. These systems create a private—often encrypted—network that can be even more secure than your office network. We use NordVPN (nordvpn.com), but many options are out there, with varying prices for individual and company accounts. Look at what devices it is compatible with, ease of use, pricing plans, customer service reliability, and the number and locations of its servers. If your firm uses a VPN, require employees to use it anytime they access a device for work.

Telephone systems. VoIP (Voice over Internet Protocol) services provide an easy fix to remote work: advanced call forwarding. We use Comcast Business (business.comcast.com) for its ubiquitous nature, smartphone app, and voicemail transcription, but many outstanding options are available. Be aware that VoIP access occasionally may be limited by geographic location or even a building’s vendor options.

The Comcast Business app on my phone lets me receive calls to my direct office number. Even better, I can make calls from my smartphone that look like they’re coming from my office instead of my personal cell number. Beyond call forwarding, many VoIP providers have voicemail set up so messages are transcribed and emailed to you, including a digital file of the voice message. This makes it very easy to save important messages directly into your CMS.

Answering services. Having an answering service for nights, weekends, and holidays provides a lot of benefits, including handling initial intake. We currently use Ringbird (ringbird.com), which is integrated with our CMS (Filevine), but in the past we have used Alert (alertansweringsvc.com) and Ruby (ruby.com) with success. Also consider using an answering service for your office’s main number during normal business hours. I struggled with the concept initially, worrying about the loss of personal contact, but I quickly realized the benefit of increased productivity when staff no longer had to answer the phone. Many services offer the ability to transfer calls in real time and send messages to the correct team member via email or text.

E-fax. A lot of entities (such as small medical providers and insurance adjusters) function only via fax. E-fax options are relatively inexpensive compared to the cost of operating and maintaining a fax machine. Our CMS incorporates e-faxes, meaning faxes can be sent and received within the service, often enabling one-click productivity and easily moving documents into specific case files.

Electronic signatures. With offices often empty and clients reluctant to make visits, getting documents signed in a timely manner became a concern. We quickly enlisted DocuSign (docusign.com) to expedite obtaining signatures. Though our CMS has an e-signature feature, we found it beneficial to use DocuSign for new clients (before they are in our CMS) and others who feel more comfortable with a product they’ve used elsewhere.

Digital filing. While few firms can completely eliminate paper files, being paperless to the extent possible aids in a smooth shift between the office and working at home. To complete the transition to digital filing, you need a good scanner. Large-scale, all-in-one scanners that also print and make copies can be a great fit for some offices, providing a single device to maintain, but they’re expensive.

Individual desktop devices, such as the Fujitsu ScanSnap (scanners.us.fujitsu.com), are economic and efficient alternatives, but you might need one on each employee’s desk to maximize efficiency. Although I wouldn’t classify the ScanSnap as “portable,” employees can bring it home while working remotely. For remote working, I strongly recommend scanning apps such as JotNot Pro, Apple’s Notes, or Adobe Scan. Whichever approach you take, have a clear policy requiring every document be saved in a digital format, coming in and going out.

Once you have digital documents, consider storing your files in two places to ensure a backup copy exists. Ideally, your CMS includes a data management component allowing you to save files within the system. Beyond that, look at established cloud services such as Dropbox, Google Drive, Office 365, Box (box.com), or other similar options.

Security is critical, so carefully review each provider’s materials to see where servers are located, the frequency of backups, security measures (physical and digital), and whether a third party can access your data (for example, via subpoena). For example, Dropbox can automatically sync and back up your files, keeping versions going back up to 180 days. In the best of worlds, your CMS might even allow for bidirectional syncing of files—in essence, automatically backing up your files to the cloud service of your choice.

Useful add-ons. The Zoom era has revealed the cons of videoconferencing platforms, such as poor lighting and audio quality. Lighting can be resolved with inexpensive LED ring lights. Look for options that allow dimming and include a tripod—depending on the size of the ring light, you can find options in the $40 to $80 range.

Sound quality improves immensely with an external microphone; look for one with a foam cover, which blocks wind and softens “p” sounds. The easiest options include headphones with built-in microphones, but higher quality options exist—my go-to brand is Røde (en.rode.com). Don’t overlook simple items that can make a big difference in comfort and productivity, such as external monitors, external keyboards, and a mouse.

By reflecting on technology needs now, firms can emerge more productive, resilient, and prepared for the next challenge.

Jay Stefani is managing partner of Levinson Stefani in Chicago. He can be reached at jay@levinsonstefani.com. The views expressed in this article are the author’s and do not constitute an endorsement of any product or service by Trial or AAJ.

Note

1. Even before the pandemic, I highly recommended cloud-based systems for their security. Since working remotely became necessary (and is likely to continue in at least some capacity for the foreseeable future), it is hard to imagine a scenario in which a local CMS would be preferred.