Chapter 17 – Computers and Case Management

Case Management Functions

• Running conflict checks
• Creating various files
• Recording background data
• Entering key dates into a “tickler system”
• Preparing court documents
• Recording time charges
• Sending out bills

What Most Client Files Contain

• Background information on the client
• Correspondence between the firm and either the client or outside parties connected to the case
• Internal office memoranda
• Copies of all pleadings related to the case
• Copies of relevant contracts, leases, medical reports, laboratory reports, etc.
• Notes by attorneys and paralegals working on the case

Most Common Billing Methods

• Fixed Fee:  a set charge for a specific service, such as drafting a simple will.
• Contingency Fee:  a fee calculated as a percentage of the settlement or award in the case.
• Hourly:  a fee based on how many hours attorneys or paralegals spend on the case. Different hourly rates are often charged for different attorneys and paralegals within the firm, based on their seniority and experience.

Billable Hours

• The number of hours, or parts of an hour, that can be charged to a specific client.

Tickler System

• A calendaring system that records key dates and important deadlines.

Advantages of Computerized Litigation Support Systems

• Speed and ease with which information can be retrieved
• Number of people who can view the same document at the same time from different locations
• Ease with which you can add or modify information in the file
• Decreased amount of physical space required for records storage

Types of Databases

• Structured database:  a computerized database that contains key information about the content of documents, such as medical records.
• Full-text database:  a computerized database that contains the full text of documents, such as court opinions or depositions.

Answers to Chapter 17 Questions

• What is cloud computing?
  • Cloud computing allows law firms to store programs and data on a remote server rather than on a specific computer located within the law firm.  It helps lawyers and paralegals obtain access to needed information anytime and anywhere (Currier and Eimermann 488). 
• What is case management?
  • Case management refers to managing the flow of information involved in handling a case with the law office.  It is a very important function for law firms since it helps the attorneys obtain the information they need (Currier and Eimermann 488).
• What is the purpose of performing a conflicts check? Why is a computerized conflicts check more reliable than manual methods?
  • The purpose of performing conflict check is to ensure that there is no conflict of interest between a current or a past client and a potential new client.  A computerized conflicts check is better since it is more reliable than the manual method.  If the firm’s records are computerized entirely, doing a computerized conflicts check is more comprehensive than manual method unlike the manual method which is subject to risk of memory lapses on the part of the individual doing the manual conflict check. 
• Why should client files not be labeled with client name?
  • For confidentiality, it is suggested that client files should be labeled with coded numbers rather than client names.
• what might a typical client file contain?
  • A typical client file contains the following: background information about the client such as the client’s address, phone numbers and billing arrangements; correspondences between the firm and the client, and other third parties; copies of all pleadings; internal office memoranda; copies of all relevant documents; notes of paralegals and attorneys working on the case (Currier and Eimermann 489).
• What is a tickler system, and why is it important? What are the benefits of a computerized tickler system over a manual system?
  • The tickler system is a calendar system that records and important deadlines for a client.  It is important because it allows the firm to monitor deadlines and prevent the possibility of submitting important documents beyond the deadlines (Currier and Eimermann 491).
• Why is it not a good idea to simply reuse old documents for a client’s case?
  • It is not a good idea to simply reuse old documents for a client’s case because of the possibility that a previous client’s name may appear on the new document (Currier and Eimermann 493). 
• What are the advantages of using a document assembly program?
  • The document assembly program allows firms to automate the process of typing the client’s name on the pleadings and correspondences.  Using the document assembly program, the firm only needs to type client’s information on the fields and the system will populate the client’s name on the relevant documents. With this system, law firms do not have to simply reuse documents and delete information from a previous client (Currier and Eimermann 493)
• Why is it important for paralegals to record the time they spend?
  • Time is money.  Paralegals need to keep track of the time they spend for each client’s case and send them the appropriate bills based on time spent.  It is not enough that they spend time on client’s case but they must also send the bill within a reasonable time to the client (Currier and Eimermann 495).
• Why is it important to bill a client promptly once work is accomplished?
  • After the work is accomplished, clients should be billed promptly because studies say that the longer the time lapse between the time the legal service is rendered and the time the billing is sent, the more likely it is that the client will not pay (Currier and Eimermann 495).  Failure to collect affects the ability of the firm to meet its obligations such as payment for electricity, payment to staff and subscription to needed services such as Westlaw.
• Describe the three traditional billing methods. Give an example of when each type of billing method is more commonly used.
  • The three traditional billing methods are: fixed fee, contingency fee and hourly fee.  The fixed fee is a set charge usually used for routine tasks and fixed service. This is common in drafting a will.  Contingency fee refers to a fee calculated as a percentage of the settlement or award in the case. This is common in personal injury suit.  Hourly fee refers to the fee charged based on the number of hours an attorney or paralegal works on the client’s case.  This is commonly used in corporate work and litigation defense (Currier and Eimermann 496).
• What are the problems with hourly billing?
  • Hourly billing presents many issues on the part of the client and even the lawyer.  On the part of the client, hourly billing presents the problem of predicting the total cost and finding motivation for early resolution of the case.  On the part of the attorney, it is hard to compressed a normal work for 10 hours to just 2 to 3 hours. 
• What are the problems with contingency fee billing?
  • While contingency fee billing allows individuals to file suit who would not be able to initiate any legal action, it presents certain ethical questions.  Since the attorney receives a certain percentage of the award, the individual who filed the suit does not receive a full compensation for the injuries he suffered (Currier and Eimermann 496).  When courts award a certain amount to the plaintiff, it considers the said amount as full compensation for the injuries.  With the contingency fee billing, the plaintiff does not receive the full amount.  On the other hand, there are those who argue that the plaintiff would not have received any amount at all without the zealous representation of his attorney.
• What are the advantages of computerized litigation support programs?
  • Computerized litigation support programs help in the quick retrieval of information.  It allows different individuals to view the same document even if they are in different location.  It allows for swift and simple modification of information.  They reduce the amount of physical space needed to store needed information(Currier and Eimermann 500).  More importantly, searching for information in the database is quick and easy (Currier and Eimermann 500).
• Describe the differences between a structured and a full-text database.
  • A structured database contains fields where the paralegal can enter specific information about the client.  The entry of objective data is very ideal for using structured database.  For subjective information such as the summary of doctor’s report, the full-text database is the ideal tool because in a full-text database the entire document is entered in the database (Currier and Eimermann 500).