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A Busy Lawyer’s Guide to Managing Documents and Court Forms

  1. A Busy Lawyer’s Guide to Managing Documents and Court Forms Learn how to create a scalable document workflow to consistently produce error-free documents April 12, 2022 Joshua Lenon - Lawyer in Residence
  2. Lawyer in Residence 6 Joshua Lenon TODAY’S SPEAKER ● Attorney admitted into New York ● Certified Privacy Professional ● @JoshuaLenon
  3. Legal Document Technician 7 Joe Kaczrowski TODAY’S SPEAKER ● Attorney admitted into Minnesota ● Certifications in Data Engineering for AI ● Former Senior Director of Minnesota State Bar Association
  4. 8 Agenda ● The Shift to Production, Storage, Accessibility, and Submission Of Legal Documents and Court Forms with Cloud Computing ● Best Practices for Creating Flexible Document Workflows and Templates Resources ● Use Document Automation Solutions to Keep Information Secure, Reduce Errors and Malpractice Risk ● Improve Efficiency, Accuracy, and Ultimately Profitability ● Further Resources ● Questions
  5. Legal Documents and Court Forms with Cloud Computing
  6. Cloud usage by category
  7. 15 62% supported electronic documents and e-signatures – Melissa, Senior Paralegal “As much as we appreciate more electronic communication features and video chat, the clients do too. They don’t have to take off a half day of work to drive over here to sign paperwork.”
  8. 30 79% of law firms storing firm data in the cloud
  9. 31 62% supported electronic documents and e-signatures
  10. Creating Flexible Document Workflows and Templates
  11. 33 ● Know court rules and requirements ● Mandatory form use vs suggested content PDF vs DOCX
  12. Use of Court Forms ● PDFs ○ ‘Smart Forms’ vs Flat PDFs ● Fill-in-the-blank forms ○ Issues ■ Data reuse ■ Human error ○ Document Automation ● Word Templates 34
  13. 35 ● Copy/Paste ○ Issues ■ Errors of Omission and Errors of Inclusion ■ Human Error ■ Time-Consuming ■ Data Reuse ■ Metadata ■ Client Confidentiality - Overlooked Past Client Info ■ Grammar mismatches Working with Word Documents
  14. 36 ● But first… Word Document Automation
  15. 37 Garbage In à Garbage Out
  16. 38 ● Paragraph and Section Numbering ○ Continue Numbering ○ Defining New Numbering Style ● Tab Stops ● Cross-References ● Tables ○ Auto-calculation ● Styles ● Images (Alt Text - Accessibility) ● Headers and Footers ○ Automatic Page Numbering ○ Section Breaks ● Document Inspector ○ (Removing Metadata) Use the ‘Free’ Stuff (Built-in MS Word features and functionality)
  17. 39 ● Paragraph and Section Numbering ○ Continue Numbering ○ Defining New Numbering Style ● Tab Stops ● Cross-References ● Tables ○ Auto-calculation ● Styles ● Images (Alt Text - Accessibility) ● Headers and Footers ○ Automatic Page Numbering ○ Section Breaks ● Document Inspector ○ (Removing Metadata) Use the ‘Free’ Stuff (Built-in MS Word features and functionality)
  18. 40 ● Paragraph and Section Numbering ○ Continue Numbering ○ Defining New Numbering Style ● Tab Stops ● Cross-References ● Tables ○ Auto-calculation ● Styles ● Images (Alt Text - Accessibility) ● Headers and Footers ○ Automatic Page Numbering ○ Section Breaks ● Document Inspector ○ (Removing Metadata) Use the ‘Free’ Stuff (Built-in MS Word features and functionality)
  19. 41 ● Paragraph and Section Numbering ○ Continue Numbering ○ Defining New Numbering Style ● Tab Stops ● Cross-References ● Tables ○ Auto-calculation ● Styles ● Images (Alt Text - Accessibility) ● Headers and Footers ○ Automatic Page Numbering ○ Section Breaks ● Document Inspector ○ (Removing Metadata) Use the ‘Free’ Stuff (Built-in MS Word features and functionality)
  20. 42 ● Paragraph and Section Numbering ○ Continue Numbering ○ Defining New Numbering Style ● Tab Stops ● Cross-References ● Tables ○ Auto-calculation ● Styles ● Images (Alt Text - Accessibility) ● Headers and Footers ○ Automatic Page Numbering ○ Section Breaks ● Document Inspector ○ (Removing Metadata) Use the ‘Free’ Stuff (Built-in MS Word features and functionality)
  21. 43 ● Paragraph and Section Numbering ○ Continue Numbering ○ Defining New Numbering Style ● Tab Stops ● Cross-References ● Tables ○ Auto-calculation ● Styles ● Images (Alt Text - Accessibility) ● Headers and Footers ○ Automatic Page Numbering ○ Section Breaks ● Document Inspector ○ (Removing Metadata) Use the ‘Free’ Stuff (Built-in MS Word features and functionality)
  22. 44 ● Paragraph and Section Numbering ○ Continue Numbering ○ Defining New Numbering Style ● Tab Stops ● Cross-References ● Tables ○ Auto-calculation ● Styles ● Images (Alt Text - Accessibility) ● Headers and Footers ○ Automatic Page Numbering ○ Section Breaks ● Document Inspector ○ (removing metadata) Use the ‘Free’ Stuff (Built-in MS Word features and functionality) Greg Maxey on Styles
  23. 45 ● Paragraph and Section Numbering ○ Continue Numbering ○ Defining New Numbering Style ● Tab Stops ● Cross-References ● Tables ○ Auto-calculation ● Styles ● Images (Alt Text - Accessibility) ● Headers and Footers ○ Automatic Page Numbering ○ Section Breaks ● Document Inspector ○ (Removing Metadata) Use the ‘Free’ Stuff (Built-in MS Word features and functionality)
  24. 46 ● Paragraph and Section Numbering ○ Continue Numbering ○ Defining New Numbering Style ● Tab Stops ● Cross-References ● Tables ○ Auto-calculation ● Styles ● Images (Alt Text - Accessibility) ● Headers and Footers ○ Automatic Page Numbering ○ Section Breaks ● Document Inspector ○ (Removing Metadata) Use the ‘Free’ Stuff (Built-in MS Word features and functionality)
  25. 47 ● Paragraph and Section Numbering ○ Continue Numbering ○ Defining New Numbering Style ● Tab Stops ● Cross-References ● Tables ○ Auto-calculation ● Styles ● Images (Alt Text - Accessibility) ● Headers and Footers ○ Automatic Page Numbering ○ Section Breaks ● Document Inspector ○ (Removing Metadata) Use the ‘Free’ Stuff (Built-in MS Word features and functionality)
  26. 48 ● Paragraph and Section Numbering ○ Continue Numbering ○ Defining New Numbering Style ● Tab Stops ● Cross-References ● Tables ○ Auto-calculation ● Styles ● Images (Alt Text - Accessibility) ● Headers and Footers ○ Automatic Page Numbering ○ Section Breaks ● Document Inspector ○ (Removing Metadata) Use the ‘Free’ Stuff (Built-in MS Word features and functionality)
  27. 49 ● Templates capture institutional knowledge ● Share and retain legal expertise in systems not people Knowledge Management
  28. 50 ● Identify common elements and reused data ● Add rules (conditional logic) Building Robust Templates
  29. 51 ● Template Sets ● Workflows Moving Beyond Single Templates
  30. 52 ● Fit with firm’s processes and workflows ● Rule 1.1 comment 8 (Maintaining Competence) ○ [8] To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology, engage in continuing study and education and comply with all continuing legal education requirements to which the lawyer is subject. Understand the strengths and weaknesses of automation tools
  31. 53 CLE Participation Poll *Required for CLE Credit You must click “Yes” to verify your attendance during this program for CLE purposes
  32. Use document automation solutions to keep information secure, reduce errors, and malpractice risk
  33. 55 ABA Profile of Legal Malpractice Claims 2016-2019 Topmost error accounts for 35% of all claims errors 1. Preparation, Filing, Transmittal Documents 2. Commencement Action/Proceeding 3. Advice
  34. Types of Alleged Errors 19% 52% 17% 12% Adminstrative Substantive Client Relations Intentional Wrongs
  35. Most Common Alleged Errors 15.90% 9.09% 8.22% 7.40% 7.35% Failure to Know / Properly Apply Law Failure to Follow Client Instructions Inadequate Discovery / Investigations Failure to Calendar Properly Planning Error- Procedure Choice
  36. Duty of Competence ABA Model Rule 1.1 [Comment 8] “To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology, engage in continuing study and education and comply with all continuing legal education requirements to which the lawyer is subject.”
  37. 59 Use technology to minimize malpractice risks
  38. 60 Submission Requirements Avoid having filings rejected for preventable reasons by using templates that assign: ● Margins ● Font choice ● Spacing Keep Templates/Rules Up to Date Use templates that update automatically to the most recent forms. Never be caught off guard from a rules change. Legal Technology Adapts to Different Legal Needs Apply information across submission bundles Advanced drafting technology can draft bundles of documents. Most matters require packets of documents, not just one at time. Use matter intake to collect and populate data across all the necessary documents to avoid drafting errors.
  39. Nonlawyer Supervision ABA Model Rule 5.3 (b) A lawyer having direct supervisory authority over the nonlawyer shall make reasonable efforts to ensure that the person’s conduct is compatible with the professional obligations of the lawyer…
  40. Continuous Ethical Duties NY Ethics Opinion 842 Lawyer should stay abreast of technological advances to ensure that the storage system remains sufficiently advanced to protect the client’s information, and the lawyer should monitor the changing law of privilege to ensure that storing information in the “cloud” will not waive or jeopardize any privilege protecting the information. CA Formal Ethics NO. 2010-179 Because of the evolving nature of technology and differences in security features that are available, the attorney must ensure the steps are sufficient for each form of technology being used and must continue to monitor the efficacy of such steps.
  41. Improve Efficiency, Accuracy, and Ultimately Profitability
  42. 64 Court Forms ● Save time and avoid errors ● Access up-to-date libraries of thousands of official forms ● Re-use client and matter information ○ Enter information once ○ Save regularly used form sets ○ Combine with Word Templates Cloud-based Court Forms Now offering CA, IL, TX, GA, NY, FL, OH, MI, MA, MD, WA, & WI
  43. 65 Court Forms ● 11 jurisdictions currently available to subscribe (USCIS, CA, FL, GA, IL, MA, MD, MI, NY, OH, & TX) ● New states being added every month ○ WA, WI mid-April 2022 ○ CO, NC, NJ, PA coming soon ● Libraries include state level forms and forms from top 3 most populous counties ● Forms are updated when new court forms are released by the court; also actively monitoring legislation and court rule changes Cloud-based Court Forms Now offering CA, IL, TX, GA, NY, FL, OH, MI, MA, MD, WA, & WI
  44. 66 ● Calculate dates automatically ○ Including local rules & differing definitions of days ● Identify opposing parties’ deadlines ● See the rules behind the calculations for piece of mind ● Automatic updating of rules ● Request new rule sets Rules-based Calendaring
  45. 67 ● Share documents with teammates without worrying about uploads and downloads ● Client portals let clients upload and review documents ● Built in e-signature software makes document completion and authentication easy Cloud-Based Collaboration
  46. 68 Additional Resources and Questions
  47. Clio Manage Legal practice management software Our most popular product—the industry’s leading solution to help manage clients, organize cases, and automate tedious tasks and month-end billing. Clio Grow Client intake and legal CRM software Standardize the client intake process with online intake forms, email automation, and e-signatures to build strong relationships, and get powerful data insights to grow your firm. The Clio Suite Legal practice management, client intake and CRMsoftware. Get unmatched performance with Clio Suite, the industry’s only end-to-end software solution for your firm. Lawyaw New software for solo, small- and mid-sized legal practices that can help streamline information gathering and document assembly, along with built-in e-sign and other features. Visit clio.com/pricing to learn more. Clio’s Offerings
  48. 70 Polls for Non-Clio and Clio Customers Poll 1: For Non-Clio Customers Would you like to learn more about Clio? a.Yes, I would like to learn more about Clio’s products b.Attending the Clio Cloud Conference c.No, I’m not interested d.No, I’m already a Clio Customer Poll 2: For Clio Customers Would you like to learn more about: a.Adding Clio Grow to streamline client intake b.Adding Clio Payments c.Lawyaw for document automation d.Attending the Clio Cloud Conference e.No, I’m not interested (or I already use these features)
  49. Upcoming Webinars 71 ● Innovate Legal Online: Building a Successful Law Firm ● [CLE-Eligible Webinar] 5 Things Your Intake Strategy Needs to Take on More Clients With Ease, May 10 ● 2022 Clio Cloud Conference: October 10-11 | Hybrid / Nashville, TN ClioCloudConference.com ● All Upcoming Webinars & Content: Clio.com/Resources Page
  50. 72 Questions
  51. Thank You
  52. Linkedin.com/in/joshualenon @JoshuaLenon joshua.lenon@clio.com 888-858-2546 www.clio.com 74 Joshua Lenon CONTACT INFORMATION Lawyer in Residence
  53. joe@lawyaw.com 75 Joe Kaczrowski CONTACT INFORMATION Legal Document Technician
  54. CLE Information To qualify for credit, you must: 1. Be logged in on your own device under the email/name you registered with (cannot share logins). 2. Attend the entire live webinar. 3. Participate in the polls during the live session. *If you have met the participation requirements, you will receive a personalized CLE/CPD affidavit from mcle-clio@americanbar.org for the webinar you attended to completion. Please check your spam or junk folders as these emails often end up there. Please note you have to fill out an affidavit for each individual webinar. Once you complete the affidavit, you will be able to download your certificate(s) of attendance and they will be emailed to you as well from mcle- clio@americanbar.org.
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