PDF for Lawyers

How to (successfully) switch to a paperless practice

In the three years that I've been practicing as a solo lawyer I have been completely paperless. Before that, when I worked in a large firm, I kept the files that I worked on by myself in a completely paperless form. So, when I hear people say that it's impossible to be completely paperless I know that's not true. In addition to my own personal experience, I know several lawyers who have completely paperless law practices.

It's true that some lawyers prefer not to become completely paperless (for various reasons). But, it's not because it would be extremely difficult; it's simply a matter of choice. What seems to be difficult, for many lawyers, is making the first step toward becoming paperless. Typically, a lawyer will buy a scanner, tinker with it, but then hit a small snag and get completely derailed.

Why is that? From my experience, there are a few common problems—none of which are hard to solve or expensive.

First, it's important to have a strong commitment. But sometimes commitment isn't enough.  For example, if the attorney is not technically skilled he or she can quickly run into small problems that seem insurmountable.  Getting the right scanner can help you avoid most of the technical snafus that plague most people.  That's why I always recommend that people start out by buying the Fujitsu ScanSnap 510  (If you have a Mac get the 510M version).

You may be tempted to get a different model, or you may say "well, I already have a very high speed office scanner/copier." Believe it or not, these are the statements that I often hear from those who have failed to make the transition. The Fujitsu ScanSnap has the highest rate of success because it's easy to use and easy to set up. Even so, it can be daunting for a beginner to learn how to set up the ScanSnap, and also to develop a basic scanning workflow.

So, my advice to people who want to start scanning is ALWAYS to: (1) get a Fujitsu Snap 510, and (2) hire someone to help you set it up and teach you how to use it.  The first step is easy (even though many people try to improvise away from it).  The second step, though, is the really important one.  Because, even folks who buy the ScanSnap sometimes hit snags.  

The first snags are about how to set the scanner up.

For example, what resolution setting should you be scanning at? Should you scan everything in color, or should you let the scanner decide whether to scanning color or black-and-white? Or should you force the scanner to always scan in black and white? [ANSWER: usually, you should scan to black-and-white]

Once you get all the settings tweaked properly, then you face the issue of adopting a new workflow. This is another delicate turning point, which can easily lead to failure. I'll discuss this issue next time, but for now let's review the two key points.

1.  You need an easy to use scanner it's also easy to set up. You need the Fujitsu ScanSnap (If you have a Mac get the 510M version).  You need this even if you have a scanner already—unless you are tech-savvy and highly motivated. 
2.  If you are not technically skilled and motivated, then you will need somebody to help you set up the scanner and learn how to use it. (You will also need someone to coach you on how to develop a digital workflow, which is something I'll talk about in the next post).  

  Who can you hire to help you?  Well, I can't say unless you live in New Orleans.  If you live here then I'd recommend Becky Diamante.  She has helped many small businesses and law firms become paperless.  She's not only good at setting up the scanner but also very good at getting people comfortable with using it (in most small businesses this is more important than setting up the scanner) 

Becoming paperless isn't hard and it isn't even expensive. But you probably do need some help.  You may not need help, but if you do then don't be afraid to get it.  It might mean the difference between success and failure.

Using PDFs for legal research

The Delaware Employment Blog offered up some excellent tips on how to use PDFs in when doing legal research.  I have been using this method for years, and find it much superior to saving caselaw in Word or Wordperfect format.  After all, you're not going to be editing the cases are you?  I posted a comment to the the blog to explain how I address the issue of copying and pasting.  Anyway, go read the post if you want the scoop on using PDFs for research. 

Some quick PDF tips

Here are some down and dirty tips that involve use of PDFs.  This list is worth bookmarking, or (dare I say it?) printing out.

Print less, save more, be happier, and help the planet

The less you print, the less paper you have to wrangle. And the less paper you have the less stress you have. But, in addition to your self-centered reasons, there is a benefit to the world if we use less paper—especially the completely wasteful use of paper.

Ever print out a web-page and find that your print output included an extra page or two that you had no interest in? You just toss that into the waste basket, don't you? This is the kind of needless waste I'm talking about.

If you want to save money and help the planet, try Green Print. It's a simple plug-in that works with Windows or Mac computers. If you like it after trying it out for free you can buy it for $29. Over the long haul, you'll recoup the money. And you'll feel better for having done a good thing.

TIFFs versus PDFs - which is preferable?

Back in 2000 when I started becoming more intense about scanning documents I was told by many people that TIFF files were preferable to PDFs, mostly because the business-class scanners were configured for TIFF output. Once I discovered PDFs, I found them preferable in many ways. Still, there are many people (mostly vendors) who argue for TIFFs. The other day I was sent a white paper comparing the two formats, and I think it nicely sums up the advantages and disadvantages of each format.

The quick and dirty conclusion: PDFs can do a lot more than TIFFs (security, searchability etc), but sometimes PDF files wind up being a little bigger. But, with digital storage costs plummeting each year, this is not a major deficit. Obviously, I prefer PDFs. Otherwise this blog would be called "TIFFs for Lawyers."

Creating PDFs - a reader's suggestion

One of our readers emailed to express his appreciation of a tool called PrimoPDF.  He gave permission to reproduce part of that email, which explains why he likes this product.

We use Adobe Reader 8.1, but it does not have many bells and whistles.  We use the 2003 versions of MS Word and Outlook.  I like the PrimoPDF because it is easy.  Once it is downloaded, PrimoPDF shows up as one of the printers on the “print” dialog box.  You choose it as your printer and “print.”  It then asks for the output file name, and it gives you 4 choices for output quality ranging from “Screen” (basic) to “Prepress” (best), plus a custom option.  For my purposes, I use the “screen” quality, which prints out as clearly as most attorneys would ever need.  There are other bells and whistles which I haven’t needed yet.  The whole process takes maybe 15 to 20 seconds.  I use it to save documents and e-mails that I don’t want to be changed.

PrimoPDF is a free download, and works with Windows Vista.  Of course, I always recommend that lawyers spring for the full version of Acrobat 8.0, which allows PDF creation as well as many other things such as bates-stamping and document redaction (to name just a few things).  It's not free, but you can download a fully functioning version and try it for 30 days.

If you can't afford Acrobat, and need to convert documents to PDF, then PrimoPDF is a good place to start.  Start archiving all of your outgoing letters to PDF.  Eventually, you'll want to get a scanner and the full version of Acrobat, but at least you've taken one important step on the road to becoming completely paperless.

Do you have any good tips on using PDFs in your practice that you'd like to share with other readers of this blog?  Well send 'em in, and we'll post those tips next Friday.  Thanks!

Free online file conversion service

If you have a file that's 100 Mbs or smaller and want to convert it to another format, check out a free online service called Zamzar.  You upload the file and pick the output format and then they'll email you the resulting file.

E-filing - More thoughts on scanning problems

So the post about keeping the file size down generated a lot of good comments and feedback.  Many people are surprised that lawyers are scanning entire documents just so that they can have their orignal signature appear on the document that they e-file.  I'm not; lawyers are comfortable with signatures and they like them.  I'll bet their are lawyers out there trying to figure out how to apply sealing wax to their e-filed documents.

Anyway, as we mentioned, the federal courts don't need your signature.  But, if you really must, have something that appears to be your signature on your e-filed documents consider this option:

1. scan your signature
2. create a table in Word/Wordperfect
3. place image of scanned signature in document
4. Save the signature block for re-use
5. Later, rinse, re-file

One thing that I didn't mention is that scanning the whole document isn't a bad idea just because it creates a larger file size.  It's also a bad idea because it will annoy some court personnel.  If the document is text-based then they can search inside of it.  If it's an image then they can't (unless they OCR it, which they probably can't do).  So, do yourself and the clerks at federal court a favor and stop scanning your documents to PDF.

And move away from the sealing wax.  (You know who you are).

With E-filing the file-size matters

Today I had the opportunity to talk with the Deputy Clerk of one of the federal courts in Louisiana about e-filing.  All of our federal trial courts now have e-filing, and the Eastern District announced mandatory e-filing effective the beginning of this year.  Even though e-filing was just introduced in the EDLA in April of last year, already 60% of the filings in active cases are being done electronically.

One interesting thing that I learned was that apparently a lot of lawyers are still creating their PDFs by scanning them, instead of simply 'capturing the text' as a print file and doing the conversion that way.  I asked the Deputy Clerk why this was happening.  He said that probably a lot of lawyers like to see their signature on the document so when they create a pleading to be filed electronically they follow this process:

1. Print out word processing document
2. Physically sign the last page where the signature line is
3. Scan the document back in to create a PDF
4. Upload the resulting PDF into the e-filing system

This is not optimal, and can actually lead to problems.  In fact, about two hours after talking to the Deputy Clerk I got a call from an attorney who wanted me to help him with an e-filing problem he was having with a court outside of Louisiana.  His problem, as it turned out, was caused by creating a PDF via scanning.

The problem with creating a PDF via scanning (as opposed to 'text capture') is that it creates a PDF that has a larger file size.  My attorney friend not only was scanning his documents, but also had the scanner set to create a 'grayscale' file, instead of a black and white file.  When I say 'he' had the scanner set to grayscale I really mean 'his IT department' had it set that way.  Most attorneys don't want (and shouldn't have) to bother with stuff like scanner settings.

The problem that he encountered as he tried to file his bloated PDF was that it exceeded the 2 MB file size limit that his court imposed.  Two of the documents that he was trying to file were simple 4 page affidavits.  When I looked at them each one was over 2 MBs in size.  That's WAY too big!

So, if you're stuck on the idea of scanning then make sure that you (or your IT department) sets the scanner you will be using to the following settings: 200 to 300 dpi (no greater), and black & white (not grayscale, and DEFINITELY not color).  One problem with making this the default setting is that many law firms now use large copy machines that double as scanners (e.g. an HP digital sender that emails the recipient a PDF through the firm's network).  Some of the people who use that copier from time to time are going to WANT color PDFs, or even grayscale. So there may be a fight about what the default setting should be.  And the default setting may not be easily changed on some of those machines.

The best solution to this situation is to learn how to simply convert your Word or Wordperfect files to PDF.  The latest versions of these programs, I think, allow the creation of PDF documents.  If you don't have a word processing program that is natively capable of creating PDFs there are free programs like CutePDF that allow you to create them easily (basically by creating a 'virtual printer' that you select so that the output, instead of being paper, is a PDF file).  The best way is to buy a full copy of Acrobat (approx: $299), which may seem expensive until you botch a last minute e-filing and wind up spending five times what the program costs trying to make your document conform to the technical requirements of the court's computer system.

Remember, you don't need to affix your actual scrawly signature to a piece of paper in order to 'sign' your pleading.  The courts that allow e-filing presume that a slash followed by your typewritten name is sufficient to constitute a 'signature.'  Actually, though, the authentication aspect of your signature is accomplished by virtue of your login when you file.  A password protected login is, in the world of computers, the (vastly superior) equivalent of your unreadable scrawl.  But, for some reason, this simple concept eludes even the most brilliant lawyers.

One last observation: for some documents you are going to have to scan them to create a PDF.  For example, the affidavits that my friend needed were not going to be simply 'captured' from a word processing document because the affiant actually needed to sign the document.  So, in that case, it would be necessary to know how to create a PDF by scanning it.

Reduce the size of PDFs (on Mac computer)

Even though digital storage is cheap you should still take steps to keep the file sizes down, if you can.  The best way to do it is to scan at the right settings (black & white, 200 - 300 dpi).  Sometimes you can reduce the file size after you have created your PDF. 

Apago recently released PDF Shrink 4.0 for Mac OSX, which it says can reduce most PDF files by as much as 90 percent of their original size.  The amount of reduction depends on many factors, but when I tried it on some of my files (click on graphic to left) and it seemed to reduce the file size substantially (i.e. between 20 - 80%).  The program allows you to specify how much compression you want (based on what the ultimate use for the file will be). It also allows you to automatically add security settings (e.g. password protection) and also remove metadata.

The program costs $35 and is available in a free trial version that will work in a fully functional mode for 10 days.  Looks like a worthwhile investment to me.