Going "Paperless" Networking and Organizing Files
 November 2006

Answers:
 
 From: Jerry Solomon [mailto:sharklaw@adelphia.net]
 
 This depends upon what level of automation you want to achieve. Is it just mail, or is it mail and pleadings? Do you want to add discovery, etc. You can have programs that will automatically e-mail attorneys with copies of letters, pleadings, etc. You can also have programs that create tables of contents for the individual cases, bar code separator sheets, etc.
 I scan all incoming mail and pleadings. This goes into a database for that case. I annotate each document as I read it so that I can quickly refresh my memory at a later date. Many times I will respond to a letter with a quick annotation on the scanned copy. All of my discovery is scanned, Bates stamped, and integrated into the database. I make notes as I review the discovery, indicating if individual documents are relevant, can be used as an exhibit, will be used as an exhibit, who will introduce it, and if research has to be done on admissibility. This simple method of checking appropriate boxes then allows me to produce instant witness lists, exhibit lists, etc.
 But for now, try scanning the documents and putting them into sub-folders for each case. E-mail the individual attorneys telling them of the existence of the documents and have them return the e-mail with some indication that they reviewed the document. Don't hesitate to provide the paper file if requested, but do enforce the e-mail rule with your attorneys. There is a lot more, but this is way beyond the original question.
 
 From: Harold P. Pugh [mailto:hankpugh@hpughlaw.com]
 
 Is your ability to Bates stamp and annotate a function of an Acrobat program or another document mangement program? We have all seemed to be focusing on scanning, etc., when it looks like the real issue in “less paper” is the document/database management side.
 
 From: Jerry Solomon [mailto:sharklaw@adelphia.net]
  
 The Bates stamping is done electronically. The issue is not scanning. The issue is document management and working with the scanned documents. It is quite easy to scan everything and not know what it all means or how to use it. It is quite another thing to be able to hyperlink the document in a database and be able to pull the document instantly, whether in court or in the office.
 
 From: Harold P. Pugh [mailto:hankpugh@hpughlaw.com]
 
 Point taken. That is the point of my question. How do you electronically Bates stamp? How do you hyperlink in the database? Does one need a document management program separate from Acrobat 8.0, for example, to do that?
 
 From: CHernan7@aol.com [mailto:CHernan7@aol.com]
 
 What program are you using to scan, bates stamp and integrate into your database?
 
 From: Jerry Solomon [mailto:sharklaw@adelphia.net]
 
 I can answer in general.
 I use Microsoft Access for the database. In fact, I designed a program called Fetch It to run on top of the database that allows you to do everything that I talked about.
 The scanning program depends upon the level two which you are scanning. Fetch allows you to index the documents. It creates barcode separator sheets and hyperlinks automatically. This allows you to dump a whole group of documents into the hopper of the scanner and scan them all at once. The barcode sheets automatically name and place the file. So, you can have a hundred separate documents and scan them at once. While all in one scanners are nice, I prefer to have a separate scanner for heavy duty scanning. These can be pricy, but are worth it. Look at Fujitsu and Kodak (I also sell scanners). If anybody is interested, I can give you what you should look for in a scanner.
 Scanning software is job dependent. Microsoft Office contains scanning software that will work fine with basic scanning, and do a degree, OCR. However, it is not uncommon to pay more for software than for the scanner.
 I prefer to scan to a tif format as opposed to a pdf. I believe that the annotations are easier. However, if you want to OCR the result then PDF is the way to go. You can also do both.
 The bottom line is this. You should be scanning your pleadings and correspondence in house. You should outsource your discovery, whether it is given to you by your client, or provided by the other side. You should Bates stamp all discovery and track the discovery in the database. Make sure that your retainer agreement provides for the client to pay for the outsourcing of the discovery scanning. When the case is over you don't have to store any paper -- it is all on disk.
 Oh yes, you back up on disk. Store the scanned files on a hard drive.
 
 From: Attorney Miller [mailto:atty.themillas@comcast.net]
 
 It is worth noting that the most recent version of Adobe Pro has a bates numbering feature, as well as redaction and metadata removal tools.
 http://www.adobe.com/products/acrobat/solutions/legal/productinfo/features/index.html
 
 From: Jerry Solomon [mailto:sharklaw@adelphia.net]
 
 Should you scan? Yes. Should it be in-house or outsourced? The answer is to scan correspondence and pleadings in house and outsource discovery.
 Programs to Bates stamp electronically? Do a simple Google search. Cost about $100.00.
 Adobe requires a learning curve -- it has pros and cons. It should be part of your programs, however there are other programs that you should also use -- some of which are free and already in your computer. You should learn about OCR, clean OCR and sloppy OCR (my terms) and things like image over text, etc. You should also know the limits of Adobe and the benefits of using tiff files in addition to or in place of Adobe.
 
 From: Steven G. Tyler [mailto:stevengt@bellatlantic.net]
 
 As a first stab at what the 'bullet list' of topics might look like:
 - *Should* you go less-paper? (what you can get, and what you have to give up, what practice areas and styles might benefit most/least)
 - What are the consequences of going less-paper? (practical examples/personal experiences with the process)
 - *How* should you go less-paper? (gradual implementation vs. 'Manhatten Project', outsourcing vs. in-house, etc.)
 - What do you need to go less-paper? (nuts and bolts of scanners/scanner services, data storage and retrieval, portability, etc.)
 - What are the ethical dimensions and liability exposure from going less-paper? (see, e.g., the debate at the Solo session about whether paper copies are *required* by the Court of Appeals!)
 - What is the *cost* (in time and money) and potential *benefit* (ditto!)?