PDF for Lawyers

Barrier to scanning #001

One of the biggest barriers to scanning is the notion that you need 'the orignal' paper later on, when in reality you won't.  If you think you need to keep the 'original' you'll be less inclined to scan that paper, thinking 'why bother? I need to keep the original anyway.'

Fact is, if you scan you don't need to keep as much paper as you think.

When I buy anything I scan in the receipt.  I've never had a problem presenting a printout of the receipt when I wanted to return an item to the store where I bought it. I'm not saying you should do this, but I'm just telling you that I have NEVER had a problem and I've been in this situation many times

Of course, in practicing law we've all been used to using copies of documents at depositions, hearings or at trial.  The rule is that you need to use 'the best evidence.' If the other side doesn't object to a copy, and they usually don't since they plan to use copies as well, then there is no issue.  The only time an issue comes up is if there is a question about the authenticity of the document; if this happens then you have to use the 'best evidence' you have (which can be a copy if you don't have the original).

Given the technology we have today, a scanned document is more likely to be available when needed than an original. I've been involved in two cases where a critical document that would make a lawsuit go away immediately was missing.  The other side in that situation will never stipulate that the document exists; so the case drags on and ungodly amounts of money are spent attempting prove something that would easily be proven with a scanned copy.

Originals can disappear in all kinds of ways.  Scanned copies can be backed up to the cloud.  Even if they're "lost" on a hard drive, they can be found by using a text search. The fact is if you really want to keep something you're better off scanning it.

In the past couple of years I've had clients call me on at least five occasions and say "hey, do you remember that old case where blah blah happened and there was document that said blah blah? Do you think you can find a copy of that document?" Each time I've said, "yep, I'll send it to you in a few minutes."

It takes me about 1 minute to find the document and attach it to an email and then send it. Then in a few minutes I get an email back from the client saying "oh my god, you rock!" 

When was the last time you did something that was purely ministerial and had a client say "you rock!"

Should you buy the Neat Receipts scanner?

I have to admit being intrigued by the Neat Receipts folks, which I first began noticing whenever I was connecting through major hub airports.  Their scanners typically sell for about $200, and they pitch their product in a way that has to resonate with the average business traveller.  If you're on the road constantly then you probably have lots of paperwork to fill out, mostly receipts.  The idea of having a scanner that would easily capture those little pieces of paper, and then populate your expense reports seems too good to be true.

I would have been tempted to buy one, but they didn't have a Mac version when I first encountered them.  By the time they did come out with a Mac version, I had enough time to come to my senses.  Even if the scanner worked flawlessly, I already have a Fujitsu ScanSnap M1500 (and I've used the Windows version).  The ScanSnap has a very small footprint and can be used to scan large batches of documents, as well as small scraps of paper like business cards and receipts.  It's only $200 more and it comes with a full version of Acrobat (normally a $299 purchase).  True, the ScanSnap has to be powered on its own, and its not something you'd toss in a travel bag.  But, seriously, can't you just wait til you get home and scan all your receipts?  Do you really need to carry around a slick little tech toy just to have immediate scanning gratification?

A few months ago I learned that the Neat Company was making its 'receipt organizing' software available for Mac users as a standalone product.  Even though they sell the scanners, they were willing to let Mac users try their software if they had a ScanSnap (there is no software-only deal for Windows users).  I plunked down the $79 and downloaded the software and set it up with my ScanSnap.  It worked okay, but it often made mistakes in reading the numeric values on the receipts.  If I was ever in a position to need automatic calculation of receipts maybe I'd be more inclined to put up with the hiccups.  But, for me, the only thing I need to do with receipts is scan them so if I need to prove I bought something later on I can.  I've had no problem using my scans to do this.

I had dismissed the idea of the Neat Receipts scanner completely until I read this review yesterday by David Pogue, the technology columnist for the New York Times.  I have a great deal of respect for Pogue, and almost always agree with him.  This time I'm not sure.  Maybe he's right and the Neat Receipt scanner really is a wonderful piece of magic for folks who have lots of receipts.  I gather he's using the Windows version, which the Amazon reviews suggest (to me, at least) is better than the Mac version (not surprising since the Windows version has been out longer).

But, then again, I wonder if Pogue knows about the ScanSnap.  I bet if he did then his enthusiasm for the Neat Receipts scanner might be diluted a bit.  I have been using ScanSnaps since they came out.  I had been looking for a basic scanner that was reliable and would allow me to scan batches of documents easily.  Every ScanSnap I've had has been a workhorse.  I consider the ScanSnap to be ridiculously cheap considering how powerful, reliable and flexible it is.  The fact that it comes with a full version of Adobe Acrobat makes it a steal.

I understand that some people are always looking for some 'holy grail' technology and certainly the Neat Receipts scanner will seem like that to most people.  And maybe it is a great tool.  If you are only going to scan receipts and you have a Windows computer then you might love it as much as David Pogue does.  Not everyone loves their Neat Receipts scanner, but you'd be hard pressed to find people that don't absolutely adore their ScanSnap (just check the Amazon comments if you need confirmation).  Windows version, or Mac version.  They both rock!!!

Article Links: Fujitsu Scanap 1500 (Mac version)

          Fujitsu ScanSnap 1500 (Windows version)

          Neat Receipts (Mac version)

          Neat Receipts (Windows version)

Update: After I posted this I got a message from someone alerting me to a service called Expensify, which is a new company that came in 2nd in the TechCrunch Demo contest.  It's free to try, and seems pretty cool as a really convenient and simple way to keep track of lots of expense reports.  If I travelled a lot and needed to do expense reports I'd try this before I bought a specialty scanner.  In fact, I might try this anyway.  If anyone else has tried it I'd love to hear their comments.  You gotta love their slogan: "Expensify - Expense reports that don't suck!"

iPhone 3Gs as a portable scanner that creates PDFs

For years I've toyed with the idea of getting a portable document scanner like the Fujitsu S300 for those few times when I'm in court and need to copy a few pages of a case record.  The local state court here in New Orleans charges $1.00 per page, which is of course ridiculous.  But the real hassle is that it takes an incredibly long time to get the copies made, and then pay for them.  Hence my motivation to find a way to scan a few pages here and there.

The problems with using the Fujitsu are: (1) it costs $240, which means I'd have to do a lot of scanning to justify it, and (2) it has to be hooked to a computer, which means I'd be lugging a lot of hardware just to do a few scans.  And that is why I've never been able to justify buying that scanner.

Now, thanks to the improved camera on the latest iPhone, there is another option that is perfectly acceptable, and costs only $10.  I've been testing an application called DocScanner, and I now report that it does a perfectly acceptable job of creating PDF images using the iPhone 3Gs. And let me emphasize that I am not suggesting that it would do as well with the iPhone 3G, because I think you need the focusing ability of the new phone to get acceptable images.  Here is an example of a receipt that I was able to 'scan' using the application. As you can see it's very good quality:

DocScanner lets you create multi-page PDFs simply by continuing to take pictures.  Once you're done you can choose to save the resulting PDF to your iPhone, or you can email it to yourself or anyone in your address book.

The process of creating the PDF can be slightly tricky the first few times you do it, but once you get the hang of it you can do it without much hassle.  The images as displayed on the iPhone seem low quality, but when you email them to yourself and examine them on a full computer screen the quality is usually quite impressive.  

Obviously, the trick is to get a good photo, which means having plenty of light and also holding the camera steady while you take the picture.  In that vein I might suggest that you also try these two applications: iFlashReady (which adds light to a dark image), and NightCamera (which is a sort of self-timer for the iPhone that delays taking the picture until your hands are most steady). So, if you use these applications to take pictures, how do you get them into DocScanner?  Easy. DocScanner lets you use images from your Cameral Roll.  So you'd just take the pictures of the pages you want to have, then apply the light adjustment (if needed) and then use DocScanner to convert them to PDFs which you can then join together into a multipage PDF that can be emailed or saved.

So, if you've been looking for a good way to create PDF scans of a few pages here and there you may have the solution you're looking for.  If you own an iPhone 3Gs, that is.  As I said, I don't think it will work very well with the older iPhones.  And I wouldn't try to do more than a few pages with it because I think it would get kind of frustrating.  For small jobs like receipts and expense reports, though, it's perfect!

Fujitsu ScanSnap tips & tricks

As many of this site's readers know, I'm a big fan of the Fujitsu ScanSnap scanner.  It's compact, reliable and very easy to use.  Oh, and there are models for both Macs and PCs.  The latest version is the S1500 (or the S1500M if you use a Mac), and it is amazing.  

If you have a Fujitsu ScanSnap you already know how wonderful it is.  So here's some even better news: there's now a special site just for people who want to learn tips and tricks for using the scanner better. It's run by Fujitsu so the advice is straight from the horse's mouth, as they say.

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.

Mobile scanning

Fujitsu has dominated the scanning market in recent years, primarily with the introduction of its very popular ScanSnap model. The latest ScanSnap version is the S510 (for Windows users), or the S510m (for Mac users). The S510 models come bundled with Adobe Acrobat software valued at about $200. The S510 has a small footprint, is lightweight, and costs about $400.

However, it's not something that you are likely to toss in your backpack or briefcase. But, you say, why would I want to take my scanner with me? Good question.

You might want to take a scanner with you if you were going to a deposition and you knew that from time to time documents might be offered as exhibits. If you had a scanner you could quickly scan the documents instead of having to bring them back to your office to scan later. If you use PDFs a lot then you'd probably also appreciate having the ability to immediately start annotating deposition exhibits.

Another example of where you might want to use a mobile scanner is if you go to court to look at records. In the local state court where I often find myself it costs one dollar per page to copy records. More than that, though, it's a huge pain in the ass to have documents copied. It involves a lot of standing around in line and waiting. If I had a scanner I could quickly scan the documents I needed, without having to pay an exorbitant fee or wait an inordinate amount of time.

That's where the mobile scanner by Fujitsu would come in handy. The Fujitsu model S300 (available in a Mac version called the S300m) is available for $260 at Amazon.  It has an automatic document feeder that holds 10 pages, and scans at a rate of about 10 pages per minute. Granted, this is not very fast, but certainly fast enough for any kind of mobile scanning that you're likely to do. The scanner will do duplex scanning, and will scan in color. The best thing about it, however, is that it does not need a separate power supply. It takes up its power from the USB port of your computer, which can be a laptop.

If you have this notion that scanners are hard to configure and use then you might be thinking about the wrong kind of scanner.  The Fujitsu models are dead-simple to set up and operate.  Check them out if you want to lessen your frustrating reliance on paper.  I'm going to order one of the mobile models (already have two S510s) so that next time I have to go to court I won't waste money. If I scan 260 pages of records the scanner will have paid for itself.  And, I'm sure it will take me less than half the time it takes the court employees to make copies (which of course I only need so that I can take them back to my office to scan them!).

New ultra-portable Fujitsu scanner

Fujitsu has just announced the ScanSnap S300, a new ultra-compact device weighing less than 3.1 lbs.  The S300 is small enough to fit in a briefcase or laptop bag. The scanner has a 10 page document feeder, and scans at 8 ppm (or 4 ppm if you power it off the USB connection of the computer).  It retails for $295 (currently $276 at Amazon), and works only with Windows XP or Vista (sorry, no Mac compatibility, although a Mac version is supposedly coming soon).

This is a specialty product, and should not be a primary scanner.  For about $100 more you can get the ScanSnap 510, which also has a fairly small footprint, and comes bundled with Acrobat Standard 8.0 (or Acrobat Professional 8.0 if you buy the Mac version).  Only people who do a lot of scanning while traveling are likely to find the S300 scanner useful.  But, if you're fully immersed into the wonderful world of scanning and need something easily transportable then this just might be a useful tool.

Develop a paperless workflow - Part 3

Anticipating this post, a reader asked after reading Part 1, "how do you organize documents once they are scanned? By folders? Using document management software?"  Excellent question.  The question of how to organize digital documents deserves a lot of thought.  Many people intuitively opt for document management software, only to learn later on that the better solution was the 'counter-intuitive' one.

What's wrong with document management systems?
Nothing, per se.  A better question to ask is 'what's right about them?'  But the best question to ask is 'what are the trade-offs with using a DMS as opposed to the native file system built into my computer operating system?'  A DMS is a piece of software that creates an interface (which can in some situations become a barrier) between you and the native files. 

Let's say you scan your documents into PDF format and store them in a folder named for the case they are related to.  Only two things have to be working properly for you to access that file: (1) your computer and its operating system, and (2) the Adobe program (either Reader or Acrobat).  If you have a DMS then that program also has to be working properly.  If it's not, then you can't access your documents.

So is the trade-off of paying for additional software, which requires upgrades and periodic maintenance, worth the marginal benefit of having a 'plug-and-play' organization system?  I think that for solo lawyers and small firms the answer is no.  At some point, of course, a firm has so many attorneys and staff that the trade-off becomes worthwhile.  Personally, I'd resist the temptation to use a firm-wide DMS system and pay for outsourced hosting only in the large cases that require it.  I think there is simply no need to use anything other than the basic file organization system that is inherent in any computer operating system.

Folders?  And how many?
I have tended to use electronic folders that more or less mirror what I would use in a paper-based world.  I have a 'pleadings folder' and a 'discovery folder' and a 'documents folder' and a 'correspondence folder and so on.  I found that this was cumbersome in many cases, but I kept doing it. 

Then one day I was having lunch with a good lawyer friend who is completely paperless, and he told me that he doesn't use folders hardly at all.  He dumps everything into one or two or three sub-folders.  I have experimented with this system and I find that it works great when cases are starting out. After that, it depends on the size of the case and the needs of the case.  But, the good thing is that it's fairly easy to create more folders as you need them and shift your documents around if you have to.

Flexibility is important when dealing with electronic documents.  And that's another reason that I don't like committing to a DMS.  Once those documents are organized into a DMS there is no easy way to reorganize them. 

File-naming convention is important
If you're going to use the native operating system to organize your electronic files, then the naming convention you adopt will make a big difference.  Let's use correspondence as the first example.  With correspondence you want to organize it chronologically, right?  So all you have to do is name the files starting with a 4 digit year, then 2 digit month and then 2 digit date, followed by a brief description.

Example: 2007_01_09 Svenson ltr to Abercrombie

I could substitute a dash for the underscore, but whichever approach I use it should be uniform in all cases.  In other words, how you store the files isn't as important as what you name them.  And once you settle on a convention you'll be stuck with it.  It bears repeating, the key is to make it so you can look in a folder and find all your correspondence neatly sorted by date.

My approach is to make the brief description of correspondence have sender first, then type of correspondence (e.g. ltr, email, fax), and then recipient.  I don't think it matters much if you spell out the complete last name of the sender/recipient.  What matters is that there is enough information for someone to find what they're looking for in most cases.  If you adopt a practice of OCR'ing your electronic documents you'll be able to find them based on what's in them in addition to what they're named.

For pleadings I use the convention of naming by order of filing and then a description.

Example: Doc 001 Complaint, Doc 002 Summons, Doc 003 Return on Summons, Doc 004 Req for Time to respond, etc.

In federal courts, the docket clerks designate a document with a document number so my practice is to match my number to theirs.  And the nice thing about doing this is that, if I look in the folder and see that a document number is missing, then I know that I'm missing a pleading I should have.  I know that not all states stamp pleadings with a document number, but I figure that if the federal courts do it then that will be the predominant practice (and most states will eventually adopt it).

As for naming other types of documents, you can be flexible. I would put discovery documents in a separate folder from the general file correspondence.  As I said, you can adapt to your own purpose and that's the nice thing about using the basic file system of your computer instead of a DMS.

New Canon Scanners

Canon has announced two new Workgroup scanners. The DR-2010C scans in color or black and white at speeds of up to 20 pages per minute and retails for $795.  The DR-2501C scans at 25 ppm and retails for $895.  More information about the entire Canon line of workgroup scanners is available here.

Develop a paperless workflow - Part 2

Once you've decided to create a paperless environment, there are a couple of things to consider.  First, you will not likely eliminate all paper from your environment.  The goal (at least initially) is simply to capture all paper, incoming or outgoing, and convert it to a digital form.  This is very important, and it bears repeating.  You must capture all (not just some) incoming and outgoing (yes, outgoing too!) paper.  The best time to capture the paper is when it first comes in, or when it is first being sent out.

If you work in an office with other lawyers (who may not be as inclined as you to make the switch to a paperless world) then it's important to start with a workflow model that at least captures everything into a digital form.  Later on, as the other lawyers buy-in to the digital workflow model it will be easier for them to grasp the benefits of being digital if most of their stuff has already been digitized.

Also, make sure that you have sufficient printing capacity to print out large digital files that you want to work with in paper format.  Eventually, you'll learn to work with digital files and become less reliant on paper.  But, at first, you may find yourself wanting to work with paper.  If you can't output it quickly then your tendency will be to retreat back into the analog world. 

The key to making the switch to digital is to make the firm commitment to capture all incoming and outgoing paper.  All of it.  No exceptions. Not one.

If you can do this then you'll will have achieved escape velocity, and will have slipped the surly (and insidious) bonds of paper.  And soon you will find yourself in a weightless and stress-free atmosphere, wondering why you didn't make this change long ago.

Oh, and did I mention that you have to capture all of the paper?