File and Law Library Management Chapter 9 Practical Law Office Management, 3 rd Edition, Thomson Delmar Learning ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED.

2 Characteristics of a Poor Filing System Files are lost and cannot be found. Files are messy and disorganized. Office staff are unclear about how the filing system works. Attorneys and legal assistants do not trust the file system and keep their own files, or keep the office’s files in their possession. Staff are constantly aggravated and frustrated over the file system. Large amounts of time and money are wasted trying to find the file and information. Poor-quality legal services are given to clients due to the poor filing system.

3 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Filing Systems No matter what the file system, every case or matter must be maintained separately. Alphabetic systems work well in very small offices, but break down when there are large numbers of cases to track. Numerical systems work better in larger offices; numerical coding systems can be created for different types of cases; different geographic areas or year cases are filed among others. Bar Coding Color Coding

4 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. The “Paperless Office” Document management software organizes, controls, distributes, and allows for extensive searching of electronic documents, typically in a computer-networked environment. In a “paperless office” environment, all information is stored electronically. Document management software easily tracks and stores computer files that are already in an electronic format such as word processing, , and spreadsheet files. Document management software can also accommodate hard-copy documents through the use of imaging. Imaging uses a scanner to capture an image of a document. That image is stored electronically and can be retrieved later.

5 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Document Management Software Advantages Include Being able to share information across vast distances Tracking and reporting capabilities Reduced instances of misfiling Ability to easily and quickly create a backup copy of information Reduced space and storage costs Ability to quickly search and sort information

6 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Opening Files 1.When a new or existing client comes into the office with a new legal matter, a new file should be immediately opened. 2.The opening of a new file should be standardized and require certain information about the legal matter. 3.A file opening form (sometimes called a new client/matter form or case sheet) is customarily completed when opening a new file.

7 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Opening Files 4.The file opening form is used for a variety of purposes, including to: – Check potential conflicts of interest – Assign a new case number and attorney to the matter – Track the area or specialty of the case – Set forth the type of fee agreement and billing frequency – Enter the case in the timekeeping and billing system – Make docketing entries, such as when the statute of limitations in the matter might run – Find out how the client was referred to the law office

8 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Closing, Storing, and Purging Files 1. After a legal matter has come to a complete conclusion and the final bill has been paid, the file is typically closed and taken out of the file storage area of active files. 2. A letter to the client should always be sent, letting him or her know the case is no longer active. 3. A closed file is sometimes called a “dead file” or a “retired file.” When a case is closed, some offices will give the case a new number to differentiate it from active cases.

9 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. File Management and Ethics Conflicts checks should always be done at the beginning of a matter. Client files should typically be given to clients when an attorney is dismissed. Client files should be maintained in a confidential manner.

10 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Law Firm Law Library Technology is greatly changing law libraries, including: – Internet – CD-ROM libraries – Westlaw/LexisNexis Many firms use a combination of hard copy and electronic information. The reduced cost and ease of use of electronic resources make they extremely attractive to law firms.

11 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Safekeeping Client Property Rule 1.15 Safekeeping Property (a) A lawyer shall hold property of clients or third persons that is in a lawyer’s possession in connection with a representation separate from the lawyer’s own property.... Other property shall be identified as such and appropriately safeguarded....