Why should you read this book, the thirteenth edition of The Solo and Small Firm Legal Technology Guide by Nelson, Simek and Maschke? There are two reasons. If you are starting up a small firm or considering upgrades it provides invaluable advice. There is a second reason, perhaps even more important. Since the ABA revised its Model Rules to require that lawyers be competent with the technology tools they use, 38 states have adopted similar rules (interestingly, California is not among them). If you sometimes wonder whether the technology you use is actually productive for your firm or if you are losing ground to competing firms, reading this book will bring you up to speed and give you a pretty good idea of where your firm stands from a technology point of view, even if you choose not to make changes. Increasingly, the argument “I’m a lawyer, not a techie” (in whatever version it is formulated) is simply not going to be ethically acceptable. Even if some topics just leave you scratching your head, at least they give you something to ask your consultant about.
You do have a consultant, don’t you? The authors touch on this frequently (“consult an expert”) but the bottom line is simple: If you think hiring a professional is expensive, try hiring an amateur! A consultant will save the firm substantial money in the near term.
The thing I have always appreciated about this book is that the authors actually have opinions and are not afraid to express them. They generally do not simply regurgitate a vendor’s “feature lists” without examining how well, or indeed whether or not, they work. Of course, it also helps that by and large I agree with them, although with the occasional caveat. They rightly note that they can’t cover everything and have tried to provide “best of breed” advice. If you follow their recommendations you may not make the best decision possible, but you won’t make a bad one. The perfect is the enemy of the good.
They are particularly outraged by vendors who refuse to publish their pricing so that they can get your information, push a demo and sell you something you may or may not want. Software vendors as used car salesmen!
The book covers three sorts of topics: hardware, software, and security, security, security.
Hardware
Their small firm hardware would include Dell workstations and servers, Fujitsu desktop scanners, HP printers and Samsung smartphones (NOT iPhones). Funny, that’s exactly what I have. One useful point is that they specify 16GB memory for the desktops, as well as Solid State Drives. Good idea — most people aren’t doing the memory part, although Solid State Drives are coming to be the new standard. As for more exotic topics like wiring, network switches, and other connectivity hardware, look at the book and ask your consultant.
Software
There are obviously a lot more options here. As a document management consultant, I would note that one question to ask of the “document management” functions of practice management or other programs is: do they give you “Google for your documents,” as well as appropriate security, ethical walls, legal holds, and other advanced features?
One issue they don’t address is the question of integrating the various software options a firm chooses. This is at least in part because there are simply too many parameters among multiple options. However, it is critical to address. If you are leaning toward Option A and Option B, how do the two integrate together? For example, if you want to select a practice management or time and billing program, how will it integrate with your document management program so that new client matter numbers will automatically be transferred to the document management program? The integration between their “top choice”programs, Practice Master/Tabs3 and Worldox, is among the best there is.
Security
The security information the authors offer is extremely detailed (and likely beyond most users) but it can be boiled down to two points: encrypt everything and use Multi-Factor Authentication and good passwords.
Security is a hard sell where lawyers are concerned. Although some things are easy (encrypting your hard drives), added security almost always means extra steps. Lawyers want to access their web sites with one click, not three separate and time-consuming steps (click, put in the password, wait to receive a text message and put in the 2-factor authentication code).
If you follow their suggestions, especially when out of the office or traveling, you will almost certainly be secure, but your normal workflow will be seriously disrupted. Many, if not most, lawyers are not willing to accept that tradeoff.
But probably the most serious security issue today is the increased sophistication of crypto attacks. They address this briefly in a section on “catfishing,” but here’s an example. I recently received an email purporting to be a reply to an email I had sent to one of my clients. It was “from” the managing partner of the firm, and included the subject line and text of an actual email I had sent, and raised a question about a billing issue, including an attachment. Fake!! And I have recently gotten similar emails (although not as sophisticated as that one) from people at two other consulting firms I have dealt with.
The authors explicitly focus on core issues and do not try to cover “everything” (superficially), which is one of the main strengths of the book. Nevertheless, I thought some things were missing. I would have liked to see a discussion of password managers, which is totally absent except for a passing reference to Last Pass as a free add-on with a LogMeIn subscription.
The OCR section doesn’t take into account integrating scanned documents with a document management system, although OmniPage does integrate with Worldox, for example. For this I generally use Symphony OCR from Trumpet, which does a great job for only $50/user/year and automatically OCR’s all the PDFs on your system.
There is no discussion of e-discovery or similar issues, but that might be something that primarily affects larger firms.
Lastly, there is no organized discussion of e-signatures, although that functionality is available in Acrobat.
But all in all, a must read for a small firm or startup to decide what they need, review their current options or upgrade to something new, such as hosted/cloud solutions.
The book is available from Amazon or the ABA BookStore