PDF for Lawyers

Deposition notices = junk mail?

Recently, it was revealed that the carbon footprint of junk mail is equivalent to 480,000 cars.  I reflected on this dispiriting fact while opening my office mail the other day.  Especially the bulging envelope with two deposition notices.  While there are steps you can take to reduce the volume of junk mail you receive it's hard for a devotee of paperless like me to ward of paper deposition notices.  Still, it is kind of ridiculous when you think about it.

The case that spawned the offending paper is based in federal court, which means that the notices aren't even filed in the court.  If they were required to be filed, they would have to be filed in electronic format and the service would be accomplished electronically.  If only lawyers knew how to scan print the documents to PDF and send them by email!

Well, actually, they should!  Again, because we're talking about a federal court case the lawyers are converting their pleadings to PDF when they file electronically.  So why aren't they sending the notices as PDF attachments to an email? Probably because they don't think the rules allow for it.  So, how about we amend the rules?  

But before we go off on a discussion about that, how about this idea:  How about if attorneys in federal court cases agree from the inception of a case that they'll accept service of deposition notices by email?  Or --better yet-- how about if we send the notices as calendar appointments which can quickly 'accepted' and moved into an electronic calendar?  Doesn't this make perfect sense?

I'll bet that it does to some attorneys, and not so much to many others.  Those that have monthly billing quotas are probably snorting at the mere suggestion of these notions.

What's your preference, sir?

Remember this joke?  Guy goes into see the doctor, and the doc asks "what seems to be the problem?" The guy says "Doc, it's my arm.  It hurts when I do this." And then the doctor says "well, then don't DO that!"

I mention this joke because it's basically what happens when people fail to make any attempt to set the preferences for their applications.  Technology trainers are constantly hearing lawyers complain that Word wants to auto-correct certain words.  In the attorneys' view the problem is irresolvable; it's a bug in the program that simply can't be fixed.

The tech trainer usually wants to say something similar to what the doctor in the joke says: "if you don't like it when your computer does that then tell it not to."  Then the tech trainer patiently shows the lawyer how to set the preferences for that program.  Every program has preferences.  You knew that, right?

Maybe you didn't.  And, if so, then you wouldn't be alone.

Computers seem to make people dumb. Imagine picking anyone out of a crowd and telling them that they'd get to live in a mansion with a butler for a week.  The first time the butler does something that is annoying or not to their liking, do you think they'd be at a loss as to how to fix the problem?  No, they'd pipe right up and command the butler to do what they want. Even if they never had a butler before.

But these same people when they get a new program seem to think that the designers of the program have configured it just for them.  And so therefore they should expect it to work perfectly in the way that's most natural for them. If it doesn't then they curse the program.

Adobe Acrobat is an amazing program.  If you want to be 'paperless' then you should invest in Acrobat (preferably the Professional version) and you should take the time to learn how to set it up to your liking.  The reason you prefer paper is because you're used to working with it.  The reason you tend to feel less comfortable with PDFs is that they don't behave like the paper you're used to. So what are you going to do about that?

One thing you can do is to set up the preferences to how you like things to be.  Do you prefer to see one whole page from top to bottom when you open the PDF?  Fine, then set it up in preferences.  Maybe you like to view two pages side by side.  That's a preference choice too.  I could sit hear and describe all the preference choices for you, but that's not the optimal approach. You should open up the preferences and see what all your options are. If you have a Windows machine go to the EDIT menu (or select CTRL + K).  If you have a Mac the preferences are under the ACROBAT menu (shortcut: CMD + ,).

If you don't like how your computer acts, then change it.  You have the power.

Twitter roundup: on becoming paperless

Here are some of the interesting tidbits that I posted in the Twitter page during the past week.  You can find all the Twitter posts from the PDF for Lawyers twitter site.

• How to move towards 'the paperless life'
  
• Docusign for all my electronic signature needs! Check it out!" (via @AlessandroFra)  
• Zumbox -paperless online mailbox for every street address in the US, incl. businesses (via @msquihuis)  
• Raleigh teacher goes paperless in wireless world. (via @wral) 
• Good state-by-state run down of ethics opinions on metadata mining: http://is.gd/nRD4 (via the ABA) 
• You need a digital signature, but don't know how to make one? Here's the scoop: http://is.gd/ctbl  

Get up to the minute tips on becoming paperless

As I mentioned last week, I've created a Twitter page for this blog.  Twitter is a great way to capture and distribute small chunks of information quickly.  It's easy for me to scan the Internet for interesting information about 'the paperless office' and then post it to Twitter.  So, if you want to check out these blurbs just visit this page.  Or if you're already on Twitter, just follow this site and you'll get the feeds as the come out. 

Also, I updated the main page of this weblog to include the latest twitter feeds.  Just look in the top left part of the page and you'll see them, along with a link to our special twitter page (where you can review all the twitter posts).

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.

Paperless in British Columbia

David Bilinsky has some thoughtful observations about the benefits of a paperless law practice. 

Cheap, reliable offsite backup

Backing up your digital data is critical, but sadly many people aren't doing it.  It used to be semi-exusable not to backup your data (too hard to figure out, too expensive, my dog ate my homework), but not anymore.  What if you could backup all the key data on your computer for $50?  And what if the backup was automatically pushed 'offsite' so that your data wouldn't be vulnerable to a fire in your office?

Guess what?  Your prayers have been answered. Carbonite is only $49.95/year per computer no matter how much you need to back up. No hidden fees. No limits on backup storage capacity. You can try it free for 15 days (without even having to provide a credit card).  

So, if you aren't backing up your computer get thee to Carbonite right away.

First hand account of going paperless in a law firm

I've helped many people get over the hump in going paperless, and what I've learned is that the hump isn't that big.  But it seems like it to people when they first approach it.  If you believe that going paperless is hard, then read this first hand account of a law firm that did it.  I can't agree enough with one point that is made in the article: there is very little cost associated with going paperless.  In most cases, the cost is almost zero.

I also agree that the first step is to start getting your faxes delivered electronically.  No big expense there either.

Conniving politicians use PDFs to deceive us!

According to this news source, Rush Limbaugh recently accused the Democrats of "reformatting" the economic stimulus bill into a PDF, thereby thwarting the his effort to search the bill's text.  

I seriously doubt that the bill was published in non-searchable PDF format, but even it it had been the he could have easily solved his problem by making the bill searchable. I know he'd rather take the opportunity to blast democrats than to solve a small technical hurdle.  Just for the record: I'm not offended by Limbaugh's accusations about the Democrats, but I'd prefer he not disparage the good name of PDFs in the process.

Web based fax services

One day faxes will become obsolete, but for now it's hard not to have a fax number because some people insist on sending you faxes.  And some people insist on being sent documents by fax.  Even though faxes haven't become obsolete I regard fax machines as such.

A fax machine can only be in one physical location, which means to send or receive faxes you have to go to that location.  And if the machine runs out of paper then you won't be getting that important fax, will you? Same thing if the power goes out.  The solution is to get an online fax service.

For years I've used eFax.com.  I have a local number so people have the sense that they are sending the fax to a location in New Orleans (which for some reason seems to make people feel better).  In reality the faxes go to some secure location that has high-speed reliable internet access.  The faxes are captured as images and then sent to me by email.   Sending faxes is the same process in reverse: I upload or email the document to eFax and they send it to the recipient's fax machine (or fax service).

I like eFax, but it's kind of pricey.  The basic account is $16/month for 30 pages of sent faxes and 130 of received faxes.  I don't think I've ever exceeded the minimums, but if you do it's an extra .10 or .15 cents per page, depending on if you are sending or receiving.

A friend of mine uses Myfax.com and, after checking it out I have to say that I'm impressed.  It has all the same features as eFax, but at a lower cost: $10/month for 100 sent pages and 200 received.  Also, when you receive a fax by email from MyFax there is a link to click if you want the fax to be flagged as a junk fax.  

Nice.