Technology Blender - Feb/Mar '04

Technology Blender
Attorneys put more than laptops in the mix, with varying results.
By Elizabeth Millard

Although their days of passing notes in study hall were long past, some of the attorneys at Seattle-based Summit Law Group found a way to revive the technique. While a witness was on the stand in court, the lawyers instant messaged each other with their BlackBerry Personal Digital Assistants about what to cover during the cross examination. They also sent notes to their paralegals back at the office about what kind of information they would need for the questions, and had the data sent back to them within minutes.

Summit Law might be more wired than some firms, but it certainly isn’t unusual. As technology options become more varied, many attorneys find combining a desktop PC’s power with the portability of handheld computing is a compelling way to practice law. With funkier gadgets coming onto the market all the time, attorneys will have even more choices in the future about how to combine cell phone capability, instant messaging, e-mail and electronic storage in one nifty device. The procedure of carting boxes of papers into the courtroom might soon just be an amusing anecdote to tell fresh law school grads about the good old days.

All this stunning technology doesn’t come without its headaches, however. As anyone who has had to link a new PDA with an older laptop can attest, the use of multiple gadgets and operating systems can be frustrating. There are other concerns as well, including security, availability of technical support and changing client expectations. Also, if a system goes down, there is that heart-stopping moment of vulnerability when files aren’t accessible, but deadlines still loom.

Despite such risks, more and more law offices are finding it’s worth doing at least some technology blending in an attempt to increase efficiency and productivity, and stay current in the increasingly computerized world. Although not everyone is swapping electronic notes now, it’s not hard to imagine a future in which such practices are as common as those boxes of papers and files used to be.

Having a Tech Edge
In any technology blend, there can be a plethora of devices, and manufacturers seem to crank out more every week. Cell phones have become standard gear, as have laptops, and now they are joined by PDAs such as BlackBerry, palmOne’s Treo and other handheld devices. These products also have added beefed up features recently, with hybrid devices available with combined cell phone and PDA capability such as the T-Mobile Sidekick, Treo 600 and BlackBerry 7230. Added to this are other techno gadgets, including digital dictation devices and mobile projectors that can be used in a courtroom.

With such a wealth of options, it can be exciting to go electronics shopping, but it also can seem overwhelming, especially to an attorney who knows that with every new piece of technology comes another drive along the learning curve. Many devices have their own unique quirks, and it takes time to accommodate them. The notoriously difficult handwriting recognition software that comes with most PDAs is a prime example, and users everywhere struggle to adjust their handwriting to suit the device, rather than find a way to make the device recognize their personal scrawl.

Adjusting to new equipment isn’t always a snap, but once the initial education is complete, some lawyers find it was worth their time. Ralph Palumbo, a Summit Law attorney, said he has seen a large leap in productivity since the firm began spending more on technology. Summit doesn’t keep a law library, preferring to use electronic research resources accessed via laptops and desktops. It also uses a software program that allows staffers to do electronic document searches and retrievals.

Although the firm now invests heavily in laptops and PDAs, the initial decision to get wired didn’t stem from a desire to be as technologically savvy as possible.

“We wanted to use technology to reduce overhead,” Palumbo said. “It worked, to the point where our associates [secretaries and administrative assistants who are experienced legal professionals who contribute substantively to the firm’s work product] now work for four or five lawyers. Beyond cutting down on overhead, though, we have also found that using technology so heavily really works well for us.”

Summit has found its technology blend works best with the existing PDAs, mostly used by the attorneys, according to the firm’s Information Technology manager, Stu Harris. He noted it keeps the work flowing consistently, even if illness, appointments or the need for personal time crop up unexpectedly.

“It’s definitely more efficient because people can respond via e-mail from wherever they are,” Harris said. “If you are home, taking care of a sick child, you are not restricted by that. Being so connected makes everyone’s work easier.”

Unlike toting a laptop around, no matter how light it might be, a PDA is eminently more portable and flexible. Attorneys easily can tap notes into it, and then use wireless connections to download the information to their desktop or laptop computers if they like. Because software, such as LapLink (see “Work in Your Pajamas” on Page 39 of this issue) for linking devices has become more reliable and streamlined, the procedure is usually fairly painless.

In the courtroom, a wired attorney might even get an edge over a less electronically blessed opponent. Randy Squires, another attorney in the Summit Law Group, said there has been several occasions when he has listened to an expert witness and something didn’t sound right to him. “Your ability to address your lawyer’s hunch is much easier if you have something like the BlackBerry,” he said.

With the device, Squires was able to send a message back to his assistants at the office and ask them to research what was being stated. In many cases, the reply sent back to him was sweet indeed, since it confirmed his hunches.

Even some attorneys who still remember the sweet smell of carbon paper and wax nostalgically about how a typewriter sounds, have reluctantly come to appreciate how blending these technologies can help productivity.

Albert Barsocchini, consulting attorney for The Lawtek Group, based in San Francisco, noted older lawyers have a tendency to be less wired, often leading to different levels of technology use inside the same firm. But as technology becomes more prevalent, they have started seeing the value of putting at least a smattering of electronic ability into their practice methods.

“Blending different technologies makes a lot of sense, and that is why you are seeing it more. You have less hardware to carry around with you, and since attorneys are always on the go, that is a pretty important reason to go with a PDA. Also, technology is being used more often in the courtroom for presentations and for connecting with staff back at the law firm. Everyone has begun to agree that it’s important to have,” Barsocchini said.

Another benefit to being connected is an increase in client satisfaction in many cases. Because of the ubiquity of e-mail, an attorney can use a PDA or laptop from anywhere to swap notes with clients quickly. “My feeling is that I am a service provider, and my BlackBerry lets me be very responsive,” said Allen Baden, a partner with the San Jose office of the New York-based firm Kenyon & Kenyon. “My clients have to be able to find me, and if I am always hooked up to e-mail, then they can.”

Caution Flags
As useful as laptops and mobile devices are, there are still challenges that even technology aficionados must face. Many security issues have been solved through high-powered software, but some remain, and attorneys have to make sure effective security firewalls are in place if they are going to surf around in wireless networks.

Also, minor difficulties can become annoying quickly. If a PDA doesn’t recognize Portable Document Format attachments, for example, anything sent in that format to an attorney’s handheld might as well be written in an ancient language. Conflicts between software programs sometimes wreak havoc in a system too, especially if there are different operating systems at play.

Mark Stabile, an attorney with Pittsburgh-based Cohen & Grigsby, said his firm uses a wide range of technology in addition to typical desktop and laptop computers, printers and other network hardware and software, including PDAs and wireless handheld e-mail devices, mobile projectors, digital cameras, desktop scanners, and cell phones with Bluetooth wireless capability. With such a range of beeping and whirring gadgets, there are some tough moments in keeping them all working together.

“We encounter problems with new mobile and wireless devices that unfortunately can be typical to new technology,” Stabile said. “There are difficulties in connectivity, compatibility between devices or software programs, and difficulties in configuring mobile devices.”

Although these are common potholes in the technology road, Stabile noted such irritations have made the firm somewhat wary of introducing new mobile technology devices in general. “Convenience and efficiency make it tempting to rely more and more on technology, but potential problems make it more difficult to do so,” he said.

Taking electronic devices into the courtroom comes with its own risks, usually in the form of a judge who does not allow use of such items. Harris said he usually assists in setting up a local war room close to the location of a trial, but it’s up to the attorneys to make preparations with the one who holds the gavel. The most common reason judges don’t like gadgets and cell phones is because they don’t want anything in the courtroom making a sound, including a low PDA beep alerting the user to incoming e-mail.

Even attorneys who experience fewer technical problems and courtroom challenges often are reluctant to wholeheartedly make the jump into the electronic pond. Squires doesn’t have the same level of enthusiasm about technology as his uber-wired colleague Palumbo, but he said he does believe it’s better to have his BlackBerry handy in most situations than to be without it. However, he is realistic about its less attractive side.

“I guess I am kind of an odd mix of modest technical competence and old-fashioned resistance to the whole thing. I have just been willing to give technology a chance, and at the same time I see my BlackBerry as something of a mixed blessing. It allows me to multitask and stay in touch with my clients. On the other hand, I use it constantly, much to my wife’s chagrin, and my clients think they are entitled to answers much more quickly,” Squires said.

Just as some lawyers look back fondly on the days of carbon paper, Squires casts a wistful glance back at moments of getting client questions via snail mail, allowing time to craft a reply. With the speediness of e-mail, time to think of a well-articulated response seems almost like a luxury.

“I look back with a degree of regret that my ability to give detailed consideration in a reflective way to my clients’ emergency requirements has been much reduced,” Squires said.

Another issue with being so connected is attorneys can become too connected. With a technology blend that includes PDAs and Internet access, taking a vacation or a day off no longer means a stretch of relaxation and downtime. Clients and colleagues have become used to dealing with attorneys who are highly accessible, even during vacations, and this expectation is cemented into place when an attorney answers e-mail from the beach cabana.

“The clear dividing line between vacations and work has eroded because of all-in-one communication. People want to carry laptops and PDAs with them because they are so convenient to use, but they are setting up a situation in which they are always on call,” Barsocchini said.

This expectation can be especially trying if the technology decides to sputter or fail when a vacation spot is reached. Having computing power at one’s fingertips can boost productivity, increase communication, and even give attorneys an advantage in the courtroom, but as Squires noted, it also can be a double-edged sword.

Ways of Coping
To deal with mixing the good with the bad of technology blends, many attorneys have come up with their own strategies. For example, to minimize incompatibility problems and software conflicts, some lawyers choose a method that is fairly common in companies around the world: handing the technology off to the IT department.

Most IT managers at law offices have found trouble can be minimized with some central control. Harris said it used to be a common tactic for lawyers to buy their own PDAs and then try to make them work with a firm’s technology, but with so many devices on the market, IT managers struggled to learn about each PDA’s unique attributes. By making IT responsible for all purchasing and support, a large number of compatibility snafus can become a thing of the past.

“If you have multiple kinds of items, it becomes very difficult to do support,” Harris said. “Whereas if you have only one type of PDA — be it BlackBerry, Palm or Pocket PC handhelds — it’s much easier. It allows me to do support in hours, not weeks or days.”

Attorneys who want to use something new, like a hybrid device, are advised to chat with IT professionals before they make the leap to see what kind of issues there are. Also, most technology gurus follow product trends and know the gossip on whether a spiffy new device is worth buying or should be passed up.

Another way law offices have found balance is by letting attorneys know what they can and can’t do with their devices. E-mailing clients is stellar, but downloading questionable applications off the Web presents a security risk, and minimizing vulnerability by dictating a gadget’s use often can keep a law firm safe.

Many experts suggest law firms have a formal, written policy about technology use to protect the firm in case of improper use and to let staff know what is acceptable and what is expected.

In terms of always being connected, unfortunately the IT department can’t come to the rescue. It’s up to each attorney to set boundaries that make sense for the individual, the firm and clients. Sometimes, the solution is as easy as an automatic “out of office” e-mail reply that politely, but firmly, sends the e-mailer to someone more available than the attorney in question.

As any self-proclaimed geek will say, technology can be a beautiful thing, especially if it involves a multitude of nifty devices that make work and play better. Attorneys, who are always in need of better mobile computing, know this well, and it’s why they are increasingly relying on a blend of technology to make them more effective and productive. The mix might not be without its lumps quite yet, but with more courtrooms allowing the devices and more attorneys eager to perfect their use, it should make for an interesting electronic future.

ABOUT THE AUTHOR

Elizabeth Millard is a freelance writer based in Minneapolis.