Thursday, April 2, 2009

Document Management Systems in the Legal Field

            Many years ago I worked in the legal field and I am currently a Social Security Disability Advocate/paralegal working on my Bachelors Degree in Paralegal Studies.  My immediate career goal is to obtain my Juris Doctoris degree and then become a licensed attorney.  I have over twenty years of hands-on knowledge in computer hardware and software technical support and an added personal benefit is having a husband who specializes in Document Management Systems (DMS) software design, implementation and support. In my future law practice I intend to utilize the latest technological advances to make my vision of a paperless office a reality. (Scordamaglia, R. 2008 Unit 3 Paper)

Technology today is beginning to advance into the legal field.  One example available today helps with legal research. You can now find volumes of reference material on most any subject with just a few moments of searching. Previously, this research was done in a law library and took hours or days and even was sometimes fruitless.  The legal search engine and the world-connected Internet have all but made the law library and ‘stab in the dark’ searching obsolete. Another beneficial technology example is software that makes giving a presentation easier in court as well as looking more professional.  Also, there are many different software programs out there than can help make managing a law firm and its documents more efficient. One way to help manage this paperwork is to digitize all of these documents and case files.  One of the new technologies available is Document Management Systems (DMS). (Scordamaglia, R. 2008 Unit 3 Paper)

The legal profession has been wed to paper for a long time.  Surveys have shown that sixty one percent of all attorneys will print paper copies of their email correspondence to save it in case files.  This creates a mess of paper and electronic records. (Krause, J. 2007) With that in mind, my primary focus in this final project will be on Document Management Systems (DMS) and how it can help to advance the legal profession.

A document management system (DMS) is a computer system used to track and store electronic documents and/or images of paper documents. There are quite a lot of issues that are involved in managing documents.  A lot depends on if the current system is an informal paper-based system for one person or if it is a formal structured computer enhanced system for many people in numerous locations.            (Scordamaglia, R. 2008 Interview with Peter Scordamaglia) 

There are numerous factors to think about when implementing a DMS.  Besides the hardware and software that is needed for this sort of system, there are many other questions that need to be considered. In creating a DMS system the following must be taken into consideration: location, filing, retrieval, security, creation, authentication, disaster recovery, retention periods, archiving, distribution, and work flow. The important considerations in all DMS would be how are these documents and images created, how will documents or images be stored, how will these documents be organized and/or indexed and who needs to have access to these documents and images. Consideration for security is very important, unauthorized personnel must be prevented from reading, modifying or destroying documents, as is disaster recovery of files. Files must be able to be recovered if there is a fire or flood. (wikipedia.com)

The most important goal in the legal field is that time is of the essence and we need to make sure things are done before their deadline.  I think that DMS could greatly help to achieve that goal. The true goal for DMS technology is to think digital.  The goals of going digital and going paperless have the same objectives which are finding the right way to handle, use, store and share documents that are used/produced as well as finding a way that is cost effective at accomplishing all the tasks that are needed.  (Accounting Technology, Sept 2007)

Many companies must conform to document control procedures outlined by regulatory agencies such as ISO, OSHA, EPA, FDA, and others by implementing wide-ranging compliance procedures. One of the biggest problems in meeting regulatory compliance with hardcopy procedures is that there is no fool-proof way to guarantee that every employee is aware of and is following the latest procedures. In addition to the compliance complexity is the plethora of document generators, different types of document formats and handwritten and hardcopy documents created every day. With that in mind, a good DMS must be capable of handling all these issues in a way that remains invisible to users (Harrold, D. 2000)

In the past, law firms have stored reams upon reams of paper in client case files. Most offices have filing cabinet loaded to capacity with files. These files take up expensive office and storage space.  It can sometimes take hours, sometimes days to track down files.  The problem with files is it will only get worse, with an average paper volume that grows about twenty five percent each year.  (Weiss, M., 1994)  With DMS technology law firms are no longer restricted to storing these papers and works in progress in paper folders. They are slowly starting to become “paperless” offices by using DMS technology. (Stimpson, J., 2004)

DMS deals with the creation, management and distribution of document based information. The impact and deployment of a DMS system will vary across organizations. One of the companies that I have found that specializes in DMS is Global 360 Inc. Global 360 Inc is a primary provider of Business Process Management (BPM) and Optimization solutions for Global 2000 organizations (Global360.com) Global 360 can deliver consulting services including analysis, design, development, testing, implementation, installation, upgrade, and maintenance of Global 360 Enterprise solutions. Peter Scordamaglia, a Global 360 employee whom I interviewed in my Unit 5 Project, explained to me that each and every DMS system is custom designed for the needs of the client.  All information is factored into the system design to make the system as efficient as possible for the client.  Peter hit upon things I did not think to consider with the questions he asks to potential clients.  The greatest thing that varies is the cost of implementing a DMS system. (Scordamaglia, R. 2008, Interview with Peter Scordamaglia)

There are many benefits to implementing a DM System.  The most important benefit in my opinion would be that a DM system enhances document control and security.  An economical benefit would be lower costs for document creation and document distribution.  Other benefits to DMS would be better employee collaboration, improved and customized access to databases, faster document creation and document updating capabilities, and improved productivity. (Bielawski, L. 1997)

Currently there are very few law firms, courts or agencies that are utilizing DMS technology.  Social Security Administration (SSA) is one agency that is embracing this technology by using digital files in place of paper files.  I currently work as a Social Security Disability Advocate and I have found this technology fantastic.  It makes case files easier to find since they are digital.  No more digging into filing cabinets looking for files.  Also the files can not be misplaced and more than one person can view the documents at the same time.  (Scordamaglia, R. 2008 Unit 5 Project)

Digital technology can greatly enhance a law firm.  Digital documents are now as legally valid as paper thanks to the Electronic Transactions Act, (Bland, V., 2007). The Electronic Signatures in Global and National Commerce Act signed by President Bill Clinton in 2000 allows electronic signatures to complete transactions in a fully electronic environment. (Minihan, J., 2001).  All documents and case files would be digital and any scanned document could be found within a few seconds.  A DMS system can incorporate many different documents and keep them in order digitally.  In a case file you could store word processing documents, e-mail, spreadsheet files, presentation files, audio and or video depositions and more.  All of them could be available almost instantaneously. DMS can also help with Electronic Discovery. Recently there have been changes to the Federal Rules of Civil Procedure, which are the government-mandated rules for all legal proceedings, and some of these changes made electronic discovery more acceptable (Kruse, C. 2007).

However, the system would not be fully automated and there still would be human interaction in this technology.  Someone would need to scan in documents to the system. Someone would have to place values into the DMS to allow for the retrieval of these digital documents, to allow others to search for these documents.  DMS looks like a very smart way to handle all the enormous amounts of paperwork that come into law firms on a daily basis.  It is a better way to organize all those documents and store them.  DMS is the future way that law firms, courts and many agencies will be handling their paperwork because it is eco-friendly; there would be no need to keep paper copies of files, it is more secure because access to the files can be controlled with user names and passwords and most of all its entirely practical. (Scordamaglia, R., 2008, Unit 5 Project)

 

 

 

 


 

References

Bielawski, L. (1997). Electronic Document Management Systems. Upper Saddle River, New Jersey: Prentice Hall.

Bland, V. (2007, October).  No more lost files.  NZ Business, 21(9), 44-47.  Retrieved June 30, 2008, from Business Source Premier database.

Document Management Systems on Wikipedia.com located at http://en.wikipedia.org/wiki/Document_management_system last accessed on June 21, 2008

Global 360 Inc. (2008).  Global 360 Inc. Retrieved June 30, 2008, from Global 360, Inc. Web site: http://www.global360.com

Harrold, D. (2000, September).  DIGITAL PAPER.  Control Engineering, 47(10), 100.  Retrieved June 30, 2008, from Business Source Premier database.

Hemphill, B. and Gibbaro, G.  (1998). Simplify our Workday.  Pleasantville, NY: The Reader's Digest Association Inc.

Krause, J. (2007, May).  Eek Is for E-Mail.  ABA Journal, 93(5), 62-62.  Retrieved June 27, 2008, from Business Source Premier database.

Kruse, C. (2007, March 5).  New Federal Electronic Discovery Rules Raise The Bar For Document Management.  National Underwriter / Property & Casualty Risk & Benefits Management, 111(9), 17-18.  Retrieved June 30, 2008, from Business Source Premier database.

Minihan, J. (2001, October).  Electronic Signature Technologies: A TUTORIAL.  Information Management Journal, 35(4), 4.  Retrieved June 27, 2008, from Business Source Premier database.

Scordamaglia, Rosemarie (2008) [Interview with Peter Scordamaglia, Systems/Business Analyst from Global 360 Inc on Document Management Systems, Holiday Florida on June 13, 2008]

Scordamaglia, Rosemarie (2008) Unit 3 Project HU 310-03: Culture, Society and Advanced Technology Course at Kaplan University.

Scordamaglia, Rosemarie (2008) Unit 5 Project HU 310-03: Culture, Society and Advanced Technology Course at Kaplan University.

Scordamaglia, Rosemarie (2008) Unit 7 Project HU 310-03: Culture, Society and Advanced Technology Course at Kaplan University.

Stimpson, J. (2004, January).  Diving Into Document Management.  Practical Accountant, 37(1), 30-33.  Retrieved June 30, 2008, from Business Source Premier database.

Think Digital, Not Paperless.  (2007, September 2).  Accounting Technology, Retrieved June 30, 2008, from Business Source Premier database.

Weiss, Mitchell Jay, (1994, November) Journal of Accountancy, Vol.178, Issue 5, p73-76, Retrieved July 2, 2008, from Business Source Premier database. 

Document Management Systems in the Legal Field


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