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DTCI: Technology in the practice

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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.•

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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.

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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