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Lawyers, Electronic Filing, Document Sharing, and other Practical Uses for the Internet
(published in the May / June 1997 issue of Ohio Lawyer Magazine)
The Internet has received more than its fair share of hype and publicity lately. The computer industry press and the popular press are responsible for much of the hyperbole. Commentators have claimed the Internet will play a revolutionary role in changing the way we live and do business, though no one seems to know exactly what will change or how the changes will come about.
In the face of the hype and confusion, many attorneys are beginning to ponder the exploration of cyberspace. Many are wondering if the Internet can be a cost-effective tool that can be used on their clients' behalf. For most attorneys, the benefits of online access to sources of information like the U.S. Code, the Code of Federal Regulations, government databases and records of all types are sufficient to warrant the expenditure of the twenty or so dollars per month its costs for a dial-up Internet account. But other good reasons to go online exist, reasons which will become more compelling as courts and attorneys become aware of them.
Electronic Filing
Since January 2, 1996, the United States District Court for the Northern District of Ohio has had an Internet-based electronic filing system in place for use in all asbestos-related maritime claims filed with that Court. During 1996 approximately 5000 cases were filed using the electronic system. All filings other than the complaints in those cases were made electronically, eliminating the need for paper based communications between the participating attorneys and the Court. During 1997 that system will be expanded to other civil cases on a voluntary basis. In addition, variants of the system are being deployed in federal courts in New York and New Mexico. The savings in storage costs realized by eliminating paper files and the savings in personnel costs achieved through electronic, rather than manual, cataloging and filing of submitted documents has been significant. Undoubtedly, the efficiencies offered by such a system will propel other courts to expand upon the practice. When that happens, courts may begin to pressure attorneys to equip their offices with the technology necessary to engage in electronic filing.
Attorneys should welcome electronic filing. It will reduce costs for attorneys in several ways. First, it will not be necessary to send a file clerk to the Clerk of Court's office to file documents, nor will it be necessary to incur postage costs to mail a document to an out of town court. Second, paper and copying costs will be reduced because it will no longer be necessary to print a document and make multiple service copies for mailing to other parties. Anyone wishing to view the document will be able to do so by going online and accessing the official court copy. Attorneys will be able to see, and print a copy of, if desired, everything in the court file with just a few keystrokes. Another benefit to attorneys will come through the ability of courts to provide computerized key word searches of electronic documents filed in a particular case or group of cases.
Document Sharing
Another advantage the Internet affords attorneys is the ability to interactively share documents with other attorneys or clients in remote locations. Using document sharing applications like Microsoft Corporation's NetMeeting, an attorney in one office can contact an attorney in a branch office and work with that attorney to revise an important contract or other document. The two attorneys can share and make changes to a document and see those changes online as they are made, dispensing with the need to fax revised copies back and forth. Many document sharing packages also allow for Internet-based audio transmissions so that oral discussions are possible without incurring long distance charges for a telephone call. The latest versions of these software packages support video-conferencing, though the video is usually not of high quality due to Internet bandwidth limitations. Document sharing is available now and can be of immediate benefit to any attorney that needs to collaborate on a document with an attorney in another office, whether that office be across town or across country.
Other Practical Uses
E-mail is a potential electronic replacement for some of the paper-based letters now sent by U.S. mail or other means. Of course, since unencrypted e-mail is potentially susceptible to interception by others, great care should be taken when sending confidential information via e-mail. Encryption products that make messages unreadable except by someone using the appropriate "de"cryption key are a must for secure communications. Inexpensive shareware encryption products are available at various locations on the Internet, so anyone contemplating use of Internet e-mail for confidential communications should locate and use such a product.
Group calendaring applications are starting to appear. With these products, groups of individuals can share their calendars and interactively schedule meetings via the Internet or via an office Intranet or local area network. Applications like these allow you to post your schedule for others to see and can also save time when it comes to scheduling meetings between groups of people.
Software updates and bug fixes are available on the Internet before they are available through any other means. Having access to the latest legal template available for your word processor or the latest update to your billing program can often help you to improve the efficiency of your office.
Internet / database connectivity is becoming easier to accomplish with enhancements to common database applications. If your office has its own Internet site, it may be worthwhile to evaluate the possibility of offering your clients Internet access to database files you maintain regarding their cases. If you choose to put your database on the web, you will want to make sure that adequate security measures are in place to protect against unauthorized access to data. Watch for large corporate clients to start demanding this kind of service.
Conclusion
The Internet is a lot like Dodge City in the 1870's. It can be a lawless place full of risks for the unwary. But with care and attention to detail, the Internet can be harnessed and made to serve the needs of your office.
By Keith A. Throckmorton.
Copyright Notice: This article is © copyright 1997, Ohio Lawyer Magazine, the official publication of the Ohio State Bar Association.