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Law Office Technology: Why It Needs To Be In Your School’s Curriculum and How To Get It There. Kenneth Hirsh, Wayne Miller, David Whelan Law Office Technology.

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Presentation on theme: "Law Office Technology: Why It Needs To Be In Your School’s Curriculum and How To Get It There. Kenneth Hirsh, Wayne Miller, David Whelan Law Office Technology."— Presentation transcript:

1 Law Office Technology: Why It Needs To Be In Your School’s Curriculum and How To Get It There. Kenneth Hirsh, Wayne Miller, David Whelan Law Office Technology Why it Needs to Be in Your School’s Curriculum and How to Get it There Kenneth Hirsh Director of the Law Library and Information Technology and Clinical Professor of Law, University of Cincinnati College of Law Wayne Miller Assistant Dean for Academic Technologies, Duke University School of Law David Whelan Manager, Legal Information, Law Society of Upper Canada

2 Law Office Technology: Why It Needs To Be In Your School’s Curriculum and How To Get It There. Kenneth Hirsh, Wayne Miller, David Whelan THE LAST TEN YEARS David Whelan

3 Law Office Technology: Why It Needs To Be In Your School’s Curriculum and How To Get It There. Kenneth Hirsh, Wayne Miller, David Whelan Slow Start  Early promise of Application Service Providers goes bust with Silicon Valley  Windows XP Pro debuts in 2001 and ends up the significant business desktop OS for the decade  Typical lawyer has a Dell desktop running Windows 98 and either Microsoft Word or Corel WordPerfect

4 Law Office Technology: Why It Needs To Be In Your School’s Curriculum and How To Get It There. Kenneth Hirsh, Wayne Miller, David Whelan Document Driven Microsoft Word 2000Microsoft Word 2002Microsoft Word 2003Microsoft Word 2007Corel WordPerfect 9Corel WordPerfect 10Corel WordPerfect 11Corel WordPerfect 12Corel WordPerfect X3Corel WordPerfect X4 Source: Wikipedia.org, 2009 American Bar Association Legal Technology Survey Open Office 1.0Open Office 2.0Open Office Lawyer Usage 55% Microsoft Word 44% Corel WordPerfect 2009 Lawyer Usage 95% Microsoft Word 30% Corel WordPerfect 1% Open Office

5 Law Office Technology: Why It Needs To Be In Your School’s Curriculum and How To Get It There. Kenneth Hirsh, Wayne Miller, David Whelan Same Old Swiss Army™ Knife  High adoption of Microsoft Office has led Microsoft products to dominate in other areas  Microsoft Outlook top product for: ContactsCalendaring Customer Relationship Management Practice Management EncryptionAnti-Spam Source: 2009 American Bar Association Legal Technology Survey

6 Law Office Technology: Why It Needs To Be In Your School’s Curriculum and How To Get It There. Kenneth Hirsh, Wayne Miller, David Whelan What about legal technology?  Industry has matured in the 2000s – Fewer products, higher product versions, except in niche or emerging areas – Increased focus on enterprise versions – Increased curiosity about “legal vertical” – Acquisitions by larger companies focusing on professional services workflow – Software-as-a-Service model gains traction

7 Law Office Technology: Why It Needs To Be In Your School’s Curriculum and How To Get It There. Kenneth Hirsh, Wayne Miller, David Whelan Consolidation Thomson Reuters LexisNexis Westlaw LexisNexis ProLaw Elite TimeMatters Applied Discovery Findlaw ProDoc HotDocs PCLaw Juris Financials CaseMap PlumTree Portals Livenote CourtExpress Global Securities Information (GSI) DealProof FinPlan Divorce Planner Netdocuments

8 Law Office Technology: Why It Needs To Be In Your School’s Curriculum and How To Get It There. Kenneth Hirsh, Wayne Miller, David Whelan Large Firms are Enterprise Business  National Law Journal Top 250 Source: National Law Journal, NALP About 40% of law school graduates go into a firm with 101 or more lawyers About 33% of law school graduates go into a firm with 2-10 lawyers

9 Law Office Technology: Why It Needs To Be In Your School’s Curriculum and How To Get It There. Kenneth Hirsh, Wayne Miller, David Whelan Enterprise IT Business Apps Integrating complex business applications as well as custom legal applications International Help desk sourced for 24 hour coverage, data centers co-located with in multiple sites Source: 2007 ILTA Technology Survey Cost Recovery Developing apps for resale as services to clients, licensing to vendors Budget Firms with more than 500 lawyers are budgeting an average of $14.8 million on IT Microsoft Centric Network OS, Desktop OS, Server, Virtual Server, Sharepoint

10 Law Office Technology: Why It Needs To Be In Your School’s Curriculum and How To Get It There. Kenneth Hirsh, Wayne Miller, David Whelan Tech and the Solo or Small Firm  Simpler but not necessarily rudimentary – Solo and small firm lawyer usage similar to 100+ firm lawyer except  Less likely to use a smart phone with wireless  Less likely to have a server-based environment  More likely to use a thumb drive – Typical lawyer will have a Dell desktop running Windows XP, Office 2007 and Internet Explorer, and have broadband Internet. Source: 2007 ILTA Technology Survey 2009 American Bar Association Legal Technology Survey

11 Law Office Technology: Why It Needs To Be In Your School’s Curriculum and How To Get It There. Kenneth Hirsh, Wayne Miller, David Whelan Opportunities  Adoption of legal technology continues to lag – Ignored in purchase of “consumer” technology  Law office technology with lower adoption: – Metadata removal tools – Document management – Practice management software – Conflicts checking Source: 2009 American Bar Association Legal Technology Survey

12 Law Office Technology: Why It Needs To Be In Your School’s Curriculum and How To Get It There. Kenneth Hirsh, Wayne Miller, David Whelan Opportunities  “When would you recommend that an attorney begin using practice management software?” As soon as [you] open your doors. Practice management software is mission critical. Source: February 27, 2009 survey of 90 solo lawyers on the Solosez discussion list hosted by the American Bar Association

13 Law Office Technology: Why It Needs To Be In Your School’s Curriculum and How To Get It There. Kenneth Hirsh, Wayne Miller, David Whelan Enable the Evolution Laptop Windows Microsoft Office Web Browser Facebook

14 Law Office Technology: Why It Needs To Be In Your School’s Curriculum and How To Get It There. Kenneth Hirsh, Wayne Miller, David Whelan THE LAW OFFICE TECHNOLOGY COURSE AT DUKE LAW SCHOOL Kenneth Hirsh

15 Law Office Technology: Why It Needs To Be In Your School’s Curriculum and How To Get It There. Kenneth Hirsh, Wayne Miller, David Whelan

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22 LESSONS LEARNED Wayne Miller

23 Law Office Technology: Why It Needs To Be In Your School’s Curriculum and How To Get It There. Kenneth Hirsh, Wayne Miller, David Whelan Know your audience  Survey students, before and after  Engage their summer experience in class  Read your evaluations!

24 Law Office Technology: Why It Needs To Be In Your School’s Curriculum and How To Get It There. Kenneth Hirsh, Wayne Miller, David Whelan

25 Be prepared to make changes  It’s difficult during the semester – plan ahead  Identify the most important changes and concentrate on those (maybe a “theme” suggests itself?)

26 Law Office Technology: Why It Needs To Be In Your School’s Curriculum and How To Get It There. Kenneth Hirsh, Wayne Miller, David Whelan Plan for Succession  Of three founders, two are no longer available  Invite potential co-instructors to sit in  The content is more important than the individual

27 Law Office Technology: Why It Needs To Be In Your School’s Curriculum and How To Get It There. Kenneth Hirsh, Wayne Miller, David Whelan We started “small”  We started the course designed for a small firm or an individual  Covers all the essentials  Addressed ourselves to basic software  Large firms insulate lawyers from tech issues, we thought!

28 Law Office Technology: Why It Needs To Be In Your School’s Curriculum and How To Get It There. Kenneth Hirsh, Wayne Miller, David Whelan We retooled for large  More emphasis on concepts (conflicts checking, for instance)  More abstract discussion of software categories  But – how to engage students in class?

29 Law Office Technology: Why It Needs To Be In Your School’s Curriculum and How To Get It There. Kenneth Hirsh, Wayne Miller, David Whelan Spring 2007Spring 2008Spring 2009 Introduction and Overview of Technology in Law Practice Introduction Office Practice – Administrative Tools External Communications and Introduction to Ethical Considerations Case and Litigation Management Tools Office Practice - Administrative Tools Overview of Knowledge Management Electronic Filing and Service

30 Law Office Technology: Why It Needs To Be In Your School’s Curriculum and How To Get It There. Kenneth Hirsh, Wayne Miller, David Whelan Spring 2007Spring 2008Spring 2009 Client Communications Large and Complex Case Management Presentation Technology Information LiteracyInformation & Media Literacy Information LiteracyThe Internet Beyond Legal Research Presentation Technology Electronic Filing and Service Overview of Knowledge Management

31 Law Office Technology: Why It Needs To Be In Your School’s Curriculum and How To Get It There. Kenneth Hirsh, Wayne Miller, David Whelan Spring 2007Spring 2008Spring 2009 Case and Litigation Management Tools Large and Complex Case Management

32 Law Office Technology: Why It Needs To Be In Your School’s Curriculum and How To Get It There. Kenneth Hirsh, Wayne Miller, David Whelan Assignments  Exercises: – Meta-data scrubbing – Negotiation at a distance – Business research – Presentation

33 Law Office Technology: Why It Needs To Be In Your School’s Curriculum and How To Get It There. Kenneth Hirsh, Wayne Miller, David Whelan Assignments  Final Project (60% grade) – Students work in groups of 2 or 3 – 30% for in-class presentation – 30% for final paper

34 Law Office Technology: Why It Needs To Be In Your School’s Curriculum and How To Get It There. Kenneth Hirsh, Wayne Miller, David Whelan Sample topics  Extranets  Technology in law firm disaster planning  Attorneys & blogging – tools, ethical issues, as attorney advertising, role in high-profile trials  The Blackberry and similar devices - legal implications of the technology; social issues for lawyers.  More to be posted on Blackboard…

35 Law Office Technology: Why It Needs To Be In Your School’s Curriculum and How To Get It There. Kenneth Hirsh, Wayne Miller, David Whelan Grading for Final Project  Graded by the following criteria: timely completion, thoroughness, creativity, appropriate use of technology in the presentation, relevance to and reflection on issues facing the legal profession, and appropriate selection and documentation of sources.

36 Law Office Technology: Why It Needs To Be In Your School’s Curriculum and How To Get It There. Kenneth Hirsh, Wayne Miller, David Whelan

37 Videoconferenced guests  Law librarian – history of technology in law  Ediscovery attorney & an economics consultant – ediscovery concerns and current business practices  Courtroom 21 – future of courtroom and assistive technologies

38 Law Office Technology: Why It Needs To Be In Your School’s Curriculum and How To Get It There. Kenneth Hirsh, Wayne Miller, David Whelan Midsized firm tech comm.  Helps me – I can be IT director rather than a partner of the firm  We discuss what the approach should be for our firm  Changed course dynamic, helping (along with a morning slot!) with the engagement of students in the class  Helped focus guest speakers, our exercises and in-class discussion

39 Law Office Technology: Why It Needs To Be In Your School’s Curriculum and How To Get It There. Kenneth Hirsh, Wayne Miller, David Whelan Next: full-scale sim?  No, too much to undertake  Exercises are the easiest element to focus narrowly on a simulation  Might help with final projects, too


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