ILNews

DTCI: Technology in the practice

Back to TopCommentsE-mailPrintBookmark and Share

demossNo one would ever confuse me with someone with high computer literacy. My introduction to computers in 1974 consisted of hauling around large boxes of computer input cards programmed to spell out my pizza order. But I do recognize the changes in technology have had an impact and created opportunities for our profession. Over the past 20-plus years, I have seen technological changes that have enhanced our ability to practice more efficiently and effectively for our clients. Our office started with a simple IBM single terminal computer that responded only to the mysterious DOS language command I struggled to grasp. The next big thing was the addition of a fax machine with all its beeping, screeching, whirring and innate ability to run out of paper when we weren’t looking.

Technological advances soon led us to having a desktop computer connected to our office network. We had the ability to conduct legal research online through Lexis or Westlaw, although our library still bulged with various essential collections of statutes, caselaw, and a host of how-to manuals. Our case management system continued to evolve to the point where the lawyers could actually use it without conferring with a secretary or a paralegal. Oh, and the mobile phone seemed to be catching on with some zeal. You could have one installed in your car, or you could get a portable phone akin to the size of a loaf of bread. Like time, technology marched on.

Recent years have brought a host of innovations, sparking something of a revolution in the way we obtain information and communicate. The growing acceptance of electronic communication presents new challenges. Our smart phones are now smarter than we are. Cell phone use is old hat; texting or tweeting is becoming main stream. Many households have abandoned their traditional landlines and are purely cellular.

Communicating with clients may mean a cell phone, an e-mail in addition to, or in lieu of, traditional snail mail, requiring us to discover their preferences. What if your client gives you a work e-mail address? In most instances, employers warn that their computer communications may be subject to review. Using a home e-mail address does not guarantee confidentiality. Maintaining the attorney-client privilege in such communications may mean the use of encryption software. Does your practice utilize encryption or have clearly defined rules regarding what may and may not be communicated by e-mail? Has your client given informed consent to unprotected electronic communications?

The proliferation of the Internet and social networking sites has spawned a host of variations in well-established legal issues. Defamation suits and suits for intentional infliction for emotional distress over postings made on social media sites such as Facebook, Twitter, or in blogs are becoming more common. Does your practice include counseling individual or corporate clients on the potential liability exposure from such activities?

The rapid pace of technological development requires some measure of vigilance to determine what changes, if any, are necessary to maintain an efficient practice. In 2005 we converted our practice from a paper file to an electronic file environment. Each day’s mail is scanned and filed electronically. Laptops with aircards, wireless hot spots, or home routers have allowed our lawyers to have access to their daily mail and all of their cases from remote locations. There are other benefits too numerous to list, but from my point of view it was well worth the move. The same capacity scanners we purchased then have gone down in price by about 70 percent, making such a move even more cost effective today.

As confessed above, I am not particularly computer literate, but I will point out two pieces of software to take a look at for your practice. The first, Snagit®, is very simple screen capture software that allows you to export and import information from one source to another with great ease. The second, AutoBookmark™ plug-in for Adobe Acrobat®, is an enhancement allowing you to sort and manage Bookmarks made in Adobe® documents; very handy when dealing with large volume records you want to index or organize.

There will be a day when all of the courts in the state are electronic, web-based information exchange portals will become a normal part of the practice, and video conferencing will be a routine matter. The technology is already in place, it’s now just a matter of adoption and refinement. Continue to examine the mechanics of your practice and keep your mind and eyes open to technological advances that improve the efficiency of your office and benefit your clients in the long run. And for more technical computer “stuff,” read Stephen Bour’s column, Technology Untangled.•

__________


David DeMoss serves as managing attorney for State Farm Litigation Counsel in Indianapolis. He is a member of the DTCI board of directors and serves on the association’s legislative committee and as PAC treasurer. The opinions expressed in this article are those of the author.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  2. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

  3. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

  4. Mazel Tov to the newlyweds. And to those bakers, photographers, printers, clerks, judges and others who will lose careers and social standing for not saluting the New World (Dis)Order, we can all direct our Two Minutes of Hate as Big Brother asks of us. Progress! Onward!

  5. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

ADVERTISEMENT