Document management systems – widely deployed, intensely used (or not), for two decades or more, a core of law practice technology. Yet, few practices (whether law firm or corporate) track and analyze document management system use in detail. Reports cover gross figures, such as the total number of documents and email messages stored. In some practices, document management systems have shown decreases in recent years, especially when measured per timekeeper. The overwhelming shift in communication and writing to email from more formalized documents such as memos and letters has been a key culprit.
Lawyers have a professional responsibility to create, maintain, complete and manage a full matter record for their work. Document management system design has responded to this for over a decade with “matter centered” or “matter centric” designs, most recently with Microsoft’s announcement of its Matter Center for Office 365.
The analysis and training (or retraining) presented here can expose weaknesses and build strengths in a law practice’s document management system usage.
The SQL and other databases that drive document management systems contain highly detailed information, but the reporting tools delivered with the document management system are limited in their capabilities. High capacity, Big Data tools can illuminate document management system usage, to tell lawyers the story of their use.
I. The Stories of Data – Using Document Management Systems
The assessment begins with a detailed analysis of the document management system. The patterns and story of use appear when document management data is tied to the law practice’s departmental or practice area organization and job positions. The assessment reports, describes and, especially, illustrates these stories. These narratives engage lawyers, whether rainmakers, practice leaders, technical masters, or lawyers new to practice. They also can and should be targeted to paralegals, legal assistants and secretaries.
The stories of document management use can address questions, among others:
- What is the volume and frequency of filing email messages, edited documents (primarily Microsoft Word), and completed or filed documents from inside and outside the practice (primarily PDF)?
- How has volume and frequency of filing changed recently / over the past year / two years?
- How does document management system usage vary by practice area, by job title and status?
- How much “hidden” and inappropriately profiled use of the document management system goes on including personal workspaces, temporary, departmental and miscellaneous matter numbers?
- Are the detailed folder structures of matter workspaces employed? If so, how frequently are these categories used for searching and browsing?
- Can the analysis establish expectations for filing volume, frequency and accuracy, and catalogue the gaps by practice groups and individuals?
II. Data Driven Interviews and Focus Group Meetings
Interviews and focus groups can have significant value in the assessment. The objective is to bring to life actual usage, especially by identifying model users and bringing their stories of success and frustration into the analysis and the training that could develop from it. When interviews, either one-on-one or by focus group follow a detailed usage analysis, the discussion can be informed and detailed. It can also be practical to conduct interviews remotely. A remote session, with a shared view of the user’s screen can provide insights hard to capture in a less prepared conversation about use.
III. Lawyer and Law Practice Oriented Training and Retraining – The Case Study method
To gain not just competence, but fluency in using technologies for their practice, lawyers must understand and embrace why technologies should be used, the problems technology solves (and sometimes creates) and their responsibility for the consequences.
Inspired by law school instruction, this program employs case situations that pose the risks and benefits associated with filing and retrieval in document management systems. The widespread shortcoming in filing email messages in matter centered document management systems get significant attention, accompanied by recommendations for methods and work habits to solve the gaps.
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