Paperless Law Office Information

I.  Why Go Paperless? Common Fears, Misconceptions, and Challenges

The concept of going “paperless” in an office includes significantly lessening the amount of paper used in favor of digital communication and documents. Fears and misconceptions that prevent people from adapting their office to a paperless one include fear of a lack of security, an idea that it will be too costly, and that going paperless means having no paper at all.

First, going paperless can be more secure than using paper documents.^[1] When using electronic documents, there is a fear that the documents will be easily hacked into or open to too many employees.^[2] However, there are various levels of security that can be implemented in the paperless processes that are not possible when dealing with tangible documents.^[3] These include the option to use thumbprint scanners when accessing a computer or file, the option to encrypt documents, so even if a document is accidentally sent to the wrong person, it cannot be opened without the proper passwords, and limited access can be implemented based on the level of the employee.^[4] The federal government is currently undergoing a process to make their agencies paperless by 2019.^[5] The National Archive and Records Administration required federal agencies to have a plan in place by the end of 2013 that could be implemented by the 2019 deadline, and in 2016 all federal agencies were required to have a solution to email archiving.^[6] The trust of the federal government in the paperless process displays the ability to keep files secure in a paperless system. While there may be a stigma that anything on a computer can be easily hacked, a paperless office can implement systems and safeguards to make digital files safer than physical documents.

Second, many offices resist the transition to a paperless office because they believe that updating software and hardware to accommodate the shift will be too costly. However, a study found that eighty-four percent of businesses achieved payback in less than eighteen months.^[7]

Within that eighty-four percent, thirty-one percent achieved a full return on investment in less than twelve months, and twenty-eight percent were able to achieve a full return on investment in less than six months.^[8] While there are upfront costs associated with going paperless, the constant costs of relying on paper add up. For instance, according to another study, it costs approximately $504 to store ten boxes of paper per month, $695 to recycle and shred ten boxes worth of paper each month, and $100 for incidental shipping and printing fees.^[9] Also, when adding up the cost of paper, ink, and electricity, it generally costs $1.12 to print one piece of paper.^[10] So, by eliminating the majority of costs associated with printing, storing, and discarding paper, the money spent on new software and hardware can easily be made up, and the increased efficiency in time also adds to the value of the investment. Although there are upfront costs associated with going paperless that can seem intimidating, the investment can quickly turn profitable to a firm committed to a paperless office.

Third, there is a misconception that moving to a paperless office means no paper is used at all. This misconception can drive hesitancy in moving toward a paperless office. However, the idea of going paperless does not mean that paper must be eliminated in the workplace entirely, but rather it is about creating systems and procedures that allow for efficiency in both time and money while acting in a sustainable fashion that requires minimal paper.^[11]

The decision to go paperless can also bring about challenges. The biggest potential challenge in creating a potential workplace can be staff members resistant to the change.^[12] If using paper has worked well enough for years, it can be hard to convince staff to change their methods and habits in favor of a new system that will require some training.^[13] This challenge can be overcome by establishing positive role models that are positive about the impact going paperless will have.^[14] Also, acknowledging that there will be roadblocks in the process of shifting to a paperless office, but that the outcome will be worth it can help to encourage people to try to accept and adapt to the new way.^[15]

Another challenge in going paperless is that technology is not without its flaws. Even if good equipment is chosen to work with a newly paperless office, technology can still fail, usually at a terrible time.^[16] This challenge of fallible technology can be mitigated with proper backup procedures and preparedness, but it can be hard for team members to resist the urge to print out hard copies of documents as a safety net.

A final challenge in going paperless can be the upfront costs.^[17] Because good equipment is an absolute necessity to a successful paperless office, it can be an expensive decision to commit to a paperless office. But, this challenge can become a driving factor in ensuring that new paperless processes are followed and that the investment in new equipment is not a waste.

After clearing up common misconceptions and fears about going paperless, and addressing the challenges associated with moving to a paperless office, the transition into a paperless office can be much smoother and expectations will be much more realistic.

• Equipment: Scanners, Software, Storage and Moreover

After choosing to go paperless, the most important decision to make will surround the equipment chosen to implement the new paperless policies. So, investing to get the proper equipment is a necessity.^[18] Included in the necessary equipment are reliable computer systems, printers, copiers, shredders, backup hardware, and large monitors or multiple monitors for employees.^[19] One of the most important pieces of equipment when going paperless is scanners. Scanners are necessary to transfer paper files into the new system, as well as to keep the new system up to date with paper files that may be delivered or necessary in paper format.^[20]

Ensuring great Tech and IT support also will be integral to switching over to a paperless workplace to combat any glitches or issues, as well as to train employees on the new software and hardware.^[21] Choosing hardware and software that are compatible is an integral part of succeeding in a paperless office, as synchronicity between the two is necessary.^[22]

The basic software necessary includes programs such as Microsoft Word, Open Office, or Libre Office; PDF creation software, like Adobe Acrobat; document management software; billing and accounting software; practice management software; and search software applications.^[23]

The American Bar Association explains the basic hardware needed to start the paperless process are newer computers with adequate storage, CPU, and memory; scanners; PDF software; and backup tools.^[24]

As computers cease to be the great expense they once were, firms can invest in newer computers and by ensuring that a computer system is not more than three years old, it can prevent having too many files for an older system to support efficiently.^[25] Also, the computers should have at least a mid-range CPU, which allows the computer to carry out instructions of a program. Having a larger CPU will allow working with digital files to stay efficient.^[26] Another important feature for a computer to have in a paperless office is sufficient storage. Because files will be scanned and saved onto the computer, there must be room for all of the additional files.^[27] Having a newer computer with plenty of space will make the transition into a paperless office much easier and allow for fewer issues in the future. With up-to-date computers, the monitors are also very important. To make switching to a paperless office more efficient, employees will need larger monitors or multiple monitors. This will allow staff to view multiple documents at the same time, and allow them to aggregate necessary information into their current projects. These large screens, or multiple screens, will make this possible without needing to print out documents for reference. Creating an easy way to view multiple documents without printing will encourage working digitally rather than printing documents for reference.

The next basic hardware necessary in the transition to a paperless office is a scanner. Different scanners have different capabilities and variations in the amount of scanning they can accomplish per day.^[28] For many law firms, 750 pages of scanning a day may be enough, while some will have greater needs in their scanner.^[29] Also, sheet-fed scanners are capable of scanning in multiple pages, rather than having to manually insert one at a time.^[30] The ABA recommends the Fujitsu ScanSnap iX500, Epson GTS-50, and the Canon imageFORMULA DR-C125.^[31]

The ABA also stresses the importance of PDF software to go paperless. Most document formats are expected to be in PDF in current times.^[32] Because of this, PDF software is necessary to allow staff members to not only create PDF files but to work with them as well. One of the most important features of PDF software is optical character recognition (OCR) that scans the PDF and creates searchable text.^[33] This saves copious amounts of time in finding relevant parts of documents or specific entries.

To successfully go paperless, back-up tools are also necessary. Putting a proper backup plan in place will save critical files in case of complications, and having a routine backup system will save time and money by ensuring work product is not lost.

By investing in current, efficient equipment, the switch to a paperless office can go much more smoothly and quickly. The best way to get employees on board with a paperless office is to give them the tools to do so.

• Tips For Getting All Team Members On-Board

It is very likely that most employees will have adapted to using paper in their day-to-day routine, and will be hesitant to change the routines that have worked for them in the past. Therefore, when implementing a paperless office, it is important to take steps to get all team members on board, rather than jumping into the new style without cultivating positivity around the change.

As previously discussed, having the proper equipment is a necessity in convincing team members of the value of going paperless. The proper equipment and software, as well as a quality search mechanism, will make the change to paperless not only an acceptable change for team members but can make an improvement and an aid.^[34] Routinely checking and testing the processes, as well as having knowledgeable IT staff, will create a smoother transition and make it effortless to print less paper. If the equipment is frequently glitching and people have no one to work them through issues, they will be more likely to hit the print button, instead of keeping it on the screen.

Another way to ensure team members are on board with a paperless office is to create a written paperless policy.^[35] Developing a clear outline of what going paperless means to a specific office will allow team members to know what the new expectations are, how they can achieve this, and most importantly, why they should want to do this. A policy makes it clear that this is a well-thought-out decision, and will encourage people to buy in, rather than resist it or believe that this decision is not long-term.

Along with creating a policy, it is important to have a solid plan. When getting all team members on board, it is important to not make up how to go paperless for the day each morning. People respect a plan, and houses are not built without blueprints.^[36] Creating a blueprint not only lays out a successful path to going paperless but also gives team members a way to know how to get on board. A plan also decreases the amount of error involved in switching to a paperless office.^[37] Just like a blueprint shows where everything goes and how each piece fits together, a plan to going paperless will demonstrate how each step flows into the next and why each step matters.^[38]

A plan should be created with specific goals in mind. For instance, team members are more likely to think before printing if the entire firm has a goal of reducing printing by forty percent over the paperless office will give people an idea of how each person can help affect the change the firm is looking for. This change should also be clear to team members. Setting goals is great, but also having an explanation on how that specific goal will impact the firm positively will encourage team members to follow the new policies, and to feel like they are helping their firm while they do so.

This plan will also help to get employees on board if specific assignments of duties and a timeline are included.^[39] Ensuring that team members cannot pass off the transitional tasks of going paperless to others will make sure they are accomplished and that team members are getting used to the new habits involved in a paperless office. For instance, assigning paralegals to make sure all documents are scanned into the computer and in proper PDF format, or assigning all attorneys to upload their schedules onto the designated online software. This will make team members feel as though they are a part of the process, and even if they are initially resistant to the idea of going paperless, as they become used to their assigned tasks, going paperless will seem natural.

Paralegals, especially, can lead the transition into paperless and encourage other team members to give going paperless a fair chance.^[40] take the bulk of the responsibility in managing the day-to-day activities of the firm. As paralegals are very hands-on with all activities occurring in a firm, by establishing paperless practices, other team members will see the benefits of going paperless and the ease with which it can be done. Setting up a point person to lead the going paperless process will also be helpful.^[41] allowing one person to be in charge, less confusion will occur and team members will feel more comfortable if they know to whom to direct their questions. Also, having one person in charge of the process will allow monitoring of the paperless process, and with an authority on going paperless, team members will be more likely to comply with the new set up. Team members in a firm are rational and goal-oriented by trade. Setting up policies, goals, a plan, and having rational reasons for each will be the best way to encourage team members to get on board with a paperless office.

• Creating a Paperless WorkflowProcess

Once proper equipment has been chosen, and team members have accepted the future style of the office, the next step is actually creating the paperless workflow process. Some of the key changes that will be made to establish the paperless workflow process are to alter billing and accounts receivable, scheduling, in-house messaging, and documentation of client interaction.^[42] Also, planning a “maturity model” for the firm will allow the firm to start adapting to the paperless office and to move through each step into a working paperless office.^[43]

By adapting to a new billing method, including creating and managing client accounts, inputting client information, billing, processing accounts receivable, and posting payments, will encourage online use rather than printing and mailing.^[44] A company cannot run without proper accounting. Thus, by adopting this area of an office into a paperless one, it will add a paperless part of the workflow that is important to all parts of the office.^[45]

Changing the scheduling process to an online one will also help to encourage all members of the team to use paperless techniques in the office.^[46] If making appointments, confirming appointments, and relaying that the client is in the office are all done online, support staff, paralegals, and attorneys will all have to adapt to an entirely paperless process. This, like billing, is a process that many team members in the office will have to use, and by establishing this paperless process, team members will begin to get used to a paperless office.

In-house messaging and documentation of client interaction are also processes that can improve workflow when completely paperless.^[47] By encouraging online messaging between staff, paralegals, and attorneys, the level of communication between team members can be improved, and information can be passed more efficiently without having to move around the office and deliver papers to other members. By keeping client records online, rather than on paper, team members can help attorneys more quickly, more people can work with the same information at a time, and if an attorney, paralegal, or team member joins a case, catching up will be easy. Also, having client interactions online can allow attorneys to look at similar past cases to help with their own. This creates more efficiency in the workplace and allows a more effortless workflow in the office.

Beyond establishing actual paperless methods of ways to improve workflow in the office, implementing the stages of the workflow process is integral in creating the paperless office.^[48] Mayer Brown established five levels of creating the paperless workflow in an office setting. This begins with the first level, non-existent, and moves through repeatable, defined, managed, and optimized.^[49]

Level one is where most firms being their journey to a paperless office. This begins with no dedication at all to a firm-wide program, no attempts to use less paper in the office, and no real way to store or utilize the digital world as a means of running an office efficiently.^[50] Beginning in this stage should not be discouraging. Realizing that a paperless office could be beneficial and developing the determination to make that goal a realization is how an office can begin to improve through paperless practices.

Level two is maturing into a system of paperless workflow is called “repeatable.”^[51] This level includes more informal processes in the office that are paperless, like an in-house messaging system, or changes brought on by a situation like a failing system or lack of storage space.^[52] At this level, the goal may not be to establish a paperless office, rather the firm has just adapted in a way where the paperless practice is ingrained in limited and specific areas. At this point, team members may be less resistant to going paperless as it has already begun to tough their office, and building a strategy to achieve a paperless office can feel much more realistic and attainable.

Mayer Brown’s third level of creating a paperless workflow is labeled, “defined.”^[53] Here, formal strategies and objectives are put in place to create a paperless workflow.^[54] Each part of the office may have different projects put in place to become paperless, and there may be an overall road map guiding the overall push to paperless, but at this stage, there is no permanent program or team set in place to ensure a paperless future.^[55] At this stage, various parts of the offices are integrating a paperless workflow into their assignments and duties. This is a great step in becoming a paperless office and exhibits a willingness from team members to commit to a workflow process without paper.

The fourth level of creating the paperless workflow is “managed.”^[56] In this step, a paperless workflow becomes almost effortless. At this level, there is a formal program in place that integrates the paperless objectives with the business and technology goals.^[57] Here, the responsibilities of maintaining a paperless office are defined, assigned, and managed in all key areas.^[58] At this step, team members will be used to the paperless initiative and can use technology efficiently to get work done.

The highest level of establishing the paperless workflow is “optimized” according to Mayer Brown.^[59] Here, the paperless workflow is constantly being monitored and improved upon.^[60] When paperless activities are optimized, work behaviors and paperless processes are integral to the firm and training occurs for these processes. Here, each workflow process is synchronized with technology and is included in all businesses.^[61]

Instilling paperless workflow processes in the main areas of the law firm will allow attorneys and paralegals to adapt to new systems. Also, working toward new levels of the workflow will encourage change in the firm and give guidelines as to where the workflow processes should be as paperless practices are further developed in the office.

II. Easy and Effective Digital Conversion Strategies

1. Intro to PDFs

PDF, or “Portable Document Format,” is used to preserve the original style and appearance of a document regardless of the software, hardware, or operating system that is being used.^[62] PDFs can be signed electronically and can contain links, buttons, form fields, audio, and video.^[63] PDFs can also be password protected and redacted for security purposes.^[64] Documents can be scanned into the computer as PDF files and can be edited once they are scanned.^[65] PDFs are read using Acrobat Reader, which is free and available for all operating systems, making it easy to share PDFs with everyone.^[66]

In a law firm setting, PDFs can be especially useful due to their ability to be compressed, duplicated, and navigated among different operating systems.^[67] Keeping case documents in a PDF file guarantees that they always maintain the same layout and appearance.^[68] Regardless of how many times the document may be viewed, used, and passed around (even between Macbooks and PCs, for example), the document retains its original layout.^[69] PDFs also make it easier to share documents with co-counsel, clients, and partners, because cases and other legal documents can be easily downloaded and emailed as PDFs, minimizing the need for faxing and mailing.^[70] Finally, PDFs can be convenient during the trial, because they make it easy to share documents on laptops while in court.^[71]

While it can take some time to get the hang of converting, editing, and sharing documents as PDFs, using this format makes it a lot easier to maintain document security and integrity. Utilizing PDFs in law firms can eliminate a lot of issues with client confidentiality when sharing documents among attorneys, paralegals, and other office staff.

• Handling Incoming/Outgoing Paper

When switching to a paperless office, there is the concern of what to do with documents that are both coming into the office and going out, as well as how to differentiate between drafts of documents and those that are ready to leave the office.

A common method advocated by paperless office experts is to treat anything that has not been converted into a PDF file as a draft.^[72] This allows attorneys and staff to quickly determine if an internally-created document has been sent yet.^[73] If this system is used consistently, then only PDF files will be sent out of the office, and any other format will only be used for document creation and editing.^[74] Since the PDF version of the file appears immediately adjacent to the native version (Microsoft Word, etc.), it is easy to see if the document has been converted to a PDF yet.^[75] This allows for a simple and consistent system of organizing incoming and outgoing files.

As with all systems, however, there are multiple ways of organizing files when going paperless. Some people find saving the PDF and original version of the file in the same folder confusing because the files appear the same except for the “.pdf” or “.docx” appearing at the end of the file name.^[76] Therefore, other paperless offices have chosen to have one folder for PDF files and one for original documents, making it even more simple to determine which files have and haven’t left the office.^[77]

When going paperless, the incoming document should go directly to the scanner to be scanned as a digital copy and converted as a PDF.^[78] Then, the original can go to the client, and the digital copy can go to the file for that particular case.^[79] A similar system would apply to outgoing documents. The original document will be created and then converted to a PDF, then PDF copies will go to the recipient (co-counsel, partners, etc.), the client, and the case file.^[80] Turning the document into a PDF before it leaves the office also ensures that the document cannot be edited or altered by anyone who does not have the authority to do so.^[81]

The paperless organization systems listed above are only examples, but provide a good basis for how to deal with outgoing and incoming documents when transitioning to a paperless office. The key for each office is to find a system that works for its employees to make the paperless office secure, organized, and efficient.

• What to do with the original document?

The choice of what to do with the original document is up to each law firm based on what meets its needs best. Some firms prefer to still keep hard copies of legal documents in a file somewhere. However, if a firm truly wants to go paperless, that option does not make a lot of sense. Therefore, the best option is to shred an original document once it has been scanned and filed electronically.

Most law firms who have made the switch to paperless have found that there is no real reason to keep hard copies of documents in most cases (there are obviously exceptions to this, but typically it is not necessary).^[82] It is a good idea to have several shredders around the office for easy access for shredding confidential documents.^[83] Multiple shredding companies will come shred documents in bulk, which is helpful at a large firm with more documents to shred than a traditional scanner can handle.^[84] If this type of commercial shredding company is used, the shredding can be supervised by someone from the firm to make sure that all confidential documents are sufficiently shredded.^[85] When shredding originals, it is crucial to make sure that the electronic copies have been backed up and stored in multiple locations before getting rid of the original to ensure that no documents are lost.^[86] Additionally, firms are encouraged to offer the paper file to the client before destruction.^[87]          

When transitioning a law office from a hard copy system to a paperless system, it is important to make sure there is a procedure in place for what to do with the original documents. If the document is not valuable in its original form or desired by the client, it can be shredded to preserve confidential information. Shredding original documents once they have been filed electronically allows law offices to be less cluttered and more organized, as well as ensuring that confidential documents are not floating around the office or in the garbage.

• Tips for Keeping Digital Information in DigitalForm

Once an office begins making the transition to paperless, it is important to keep files that have already been made digital in that digital form. Essentially, once a file has been scanned and converted into a PDF, it is best to avoid printing it again into a hard copy. Additionally, if a document is received in digital format, it should be kept in digital format and not printed if at all possible. There are endless advantages to keeping files in digital format whenever possible.

Primarily, keeping documents in digital format is a matter of convenience. Documents that are in digital format can be easily sent to opposing counsel for discovery purposes. Additionally, it allows for keyword searches within documents, which is not possible in a hard copy format. Digital copies of documents can also be secured in the sense that the owner of the document can decide who gets to edit the document. Finally, keeping documents in digital format makes it possible for multiple people in the office to view the document at the same time, without having to hunt down a hard copy.

Conversely, there are several disadvantages to re-printing a document once it has been converted into a digital file. First, part of the point of going to a paperless system is to save money on paper and ink, so in the interest of not wasting paper, it is best to avoid the temptation to re-print a digital file. Almost every PDF program has editing tools to allow staff and attorneys to highlight and annotate documents on the computer, so while it may be hard to get used to, annotating and editing on the computer is more efficient than hard-copy editing and even saves money on things such as highlighters and sticky notes. Another problem with re-printing a digital file is with the organization. In digital format, the pages of a longer document will always stay in order. However, once the document is printed, there is no way to guarantee that the pages will stay in order and not get lost. Therefore, keeping the document in digital format also ensures that its pages will stay in order and avoids confusion. Finally, keeping documents in their digital form instead of printing them out saves valuable office space, since space used for filing cabinets can now be used for something else. If this storage space is eliminated and then office staff begins printing out documents again, piles of paper will begin accumulating around the office, which defeats the organizational benefits of going paperless.

While it can be difficult to convince everyone in the office to go paperless, and many will find it tempting to go back to printing out files, it is important to encourage staff and attorneys to keep digital files in their digital format. For security, convenience, and organizational purposes, digital files have far more advantages than printed copies, and once the transition is made, it can be confusing to print documents again.

• Working with Digital Signatures

A common problem when going paperless is that many documents, especially in the legal community, require the signatures of one or more parties. When this happens, a lot of offices find themselves printing the document out just to sign it. Thankfully, with the increased popularity of paperless offices, many programs have developed digital signature software to allow documents to be signed on the computer.

Digital signatures are a key part of going paperless. If a document can be easily signed digitally, document turnaround can be hours or even minutes as opposed to days or weeks.^[88] The main objective of going paperless is to create a document that can remain digital for its entire lifetime.^[89] If the document has to be printed out to be signed, the paperless chain has been broken.^[90] Fortunately, using today’s software, which allows documents to be signed digitally without ever being printed, it is possible to avoid breaking the paperless chain.

With e-signatures becoming more and more popular, legislation has been passed regarding the legality of digital signatures. Specifically, the Electronic Signatures in Global and National Commerce (ESIGN) and Uniform Electronic Transactions Act (UETA), passed in 1999 and 2000, respectively, both regulate the use and validity of electronic signatures.^[91] Both acts have requirements under which a digital signature becomes valid.^[92] The first of these is an intent to sign; in other words, signatures are only valid if both parties had the intent to sign the document.^[93] Second, all parties must have consented to do business electronically.^[94] The third requirement is that the program used to capture the transaction must keep a record that reflects the process by which the signature was created.^[95] Finally, electronic signature records must be capable of retention and accurate reproduction for reference by all parties involved.^[96] Furthermore, the UETA provides that “a record or signature may not be denied legal effect or enforceability solely because it is in electronic form.”^[97] The foregoing legislation ensures that electronic and digital signatures are legitimate as long as the procedure is followed, making it possible to maintain a fully paperless office even when documents require signatures.

Documents that are signed electronically carry additional requirements under the American Bar Association’s Digital Signature Guidelines. A digital signature must be authenticated, meaning the signer must prove his identity. ^[98] This can be done through a username and password requirement, a date of birth and social security number, or by a PIN.^[99] There also must be disclosure to all parties that they are signing a legal document.^[100] Similarly, the signer must know his/her signature is legally binding.^[101] The document must also be secured from tampering for a digital signature to be valid, which can be done with software that alerts the document owner if anyone has attempted to edit the document.^[102] The fifth ABA requirement is that the document must be accessible by everyone who signed it.^[103] Finally, the ABA requires that all actions taken on a digitally signed document are tracked by the software being used so that any changes and edits are logged.^[104] If all of these actions are taken, then the document will satisfy the American Bar Association’s Digital Signature Guidelines.

When an office desires to become permanently paperless, it is important not to break the paperless chain by printing documents out. However, when a signature is required, this can become complicated. Fortunately, there are several programs available that allow digital signatures, which can both save time and make sure a document remains in digital form. Both United States law and the American Bar Association provide guidance and regulations to ensure that digitally signed documents are legal and secure.

• Choosing the Right Hardware and Software

The most important step in going paperless is choosing the right program to make the office organized, convenient, and secure. For an office to effectively transition to paperless, it needs to find a “document management system.” A document management system is an electronic filing cabinet that provides a framework for organizing documents, works with scanners, and contains search engines that provide quick access to any document.^[105] Document management systems allow access to multiple functions, including document conversion and storage, access restriction, document monitoring, editing, document regulation, and sharing.^[106] Both self-hosted and cloud-based document management systems are available depending on an office’s particular needs.^[107]

A self-hosted document management system is a system in which all of the documents are stored on the company’s own servers.^[108] There are, of course, both pros and cons to a self-hosted document management system. The biggest benefit to self-hosting documents is that the company is always in control of its own system, and is not relying on anyone else to keep it up and running.^[109] This may be attractive to firms that are nervous about letting a third party manage and control its documents. Additionally, with a self-hosted system, the office is not dependent on the internet; if the internet goes down, documents will still be accessible.^[110] However, there are major upfront costs to a self-hosted system. A self-hosted system typically costs several thousand dollars to set up.^[111] Additionally, there will be a yearly cost associated with software updates to the system.^[112] The office is also responsible for backing up its system since files will not back up automatically.^[113] Another potential downside to self-hosted systems is that many of them are only compatible with Mac OR PC, not both, which could cause problems if not everyone in the office uses the same type of computer.^[114] Business owners who have used self-hosted systems say they are most likely to work best for small to medium-sized businesses.^[115]

The other option for a document management system is a cloud-based system, where all software is hosted by the provider and accessed online.^[116] Just like self-hosted systems, there are both advantages and disadvantages to cloud-based systems. The first benefit is that an IT team is not needed to install the software or keep it running, and there are no major upfront costs. Additionally, the files can be accessed from anywhere where there is an internet connection, instead of just from the office. A third advantage is that the company does not have to take on the responsibility of backing up its own files, because they are automatically saved in the cloud. The cost of a cloud system comes in the form of monthly fees, which are based on the number of users and can range anywhere from a few dollars a month to $100 a month per user, all dependent on the amount of storage and features.^[117] Additionally, with a cloud storage system, the office would be at the mercy of its provider to keep the system up and running, and failures with the data center could keep the office from accessing its files.^[118] If the internet goes down in the office, this can also keep the staff from accessing the files (however, they could be accessed remotely).^[119] Finally, cloud systems have a storage limit, which could be an issue depending on how much data is being stored.^[120] Business owners who use the cloud system have said that the best part of it is being able to access files when they are away from the office.^[121]

When it comes to hardware, a paperless office will need an efficient, heavy-duty scanner. While there are multiple brands of scanners, it is important to get one that can scan quickly, both sides of the page at once, and can detect the paper size and whether it is color or black and white.^[122] It is also smart to buy a scanner that comes with a copy of Acrobat, which is the software needed to convert documents to PDF.^[123] Acrobat can also be downloaded for free from Adobe’s website.

With the proper software and hardware, transitioning to a paperless office can be less stressful and easier to implement across an entire office, whether it is a large office or a small office. Self-hosted and cloud-hosted document management systems allow companies to choose whether or not they want to manage the documents themselves or let someone else manage them, and both allow for secure document storage and backup. Combined with an efficient and easy-to-use scanner, documents can be converted and securely stored digitally, which eventually will allow an office to eliminate most if not all of its need for paper and filing cabinets.

        2.  Data Storage and Management 

• Arranging Your Work Flow System Around ElectronicDocuments

The key to success in the move to paperless is to map out your proposed workflow. You will use the workflow along with your decisions on folder and file naming structure to create a written policy for your office. The goal of implementing a scanning solution should be to improve efficiency, simplify storage and retrieval, and allow for a backup methodology^[124] Before you can implement a functional scanning workflow in your office, you should ask yourself some basic questions:^[125]

1. What documents do I want to convert to electronic files?
2. Do I want to capture all my closed files and old documents (retrospective conversion)?
3. Do I want to capture documents from a set date and those that come into the office after that date?
4. Am I going to eliminate maintaining paper copies of outgoing documents in my files so both outgoing and incoming documents are all stored electronically?
5. Am I going to scan all incoming documents or only certain incoming documents?
6. If I’m only going to scan a portion of incoming documents, which documents will they be? Mail? Letters? Pleadings?
7. Discovery requests: scan and OCR rather than retyping to respond? Medical records?
8. Other evidence?
9. Will I shred all documents once they have been scanned? Will I keep documents with original signatures on file?
10. Do I have the software that I will need? If not, what do I need?
11. Do I want to be able to search the electronic files, or do I only want an image of the document?
12. Do I want to be able to scan a document and then modify it in my word processor?
13. Do I want everyone to be able to access these documents, and if so, where should they be placed?
14. Am I going to use my existing electronic folder structure, or do I want to implement a DMS?
15. How much can I spend on this project?

Determining what documents will be scanned can impact decisions as to whether or not you will add more hard drive storage space, whether you will use your existing software/hardware or purchase new, and whether you will use your existing electronic folder structure or implement a DMS.^[126]

Using all this information, you can create your road map to follow for your office. More importantly, you and your staff need to follow it, to the letter.^[127] This will take discipline on the part of you and your staff, but it is critical to a successful transition and continuation of going paperless.^[128]

• Digital Collaboration Tools

Collaboration tools can become an integral part of going paperless. Several web-based law practice management platforms can help collaborate with others in your office and clients. Programs like MyCase and Clio allow clients to log in and check on the status of their case, making them knowledgeable of what is going on in their case and resulting in a lower call frequency.^[129]

There are many software programs that attorneys can use to collaborate with other attorneys and clients. Office 365 and SharePoint are designed to share documents, project information, calendars, and contact information with others over the cloud.^[130] Other options include using the Google Apps Suite to collaborate in real-time over the cloud. This option allows multiple people to work on the same document at the same time. Sharing computer files has also been made easier with the advent of digital collaboration tools. Dropbox is the leader in this field allowing for free storage for up to 2GB of storage with a paid subscription allowing as much as 100GB.^[131] Another option for computer file sharing is Box.net which has added encryption features to ensure security for your files.^[132] Box has the added convenience of setting permissions for a different user, such as edit, read-only or exclude from certain files.^[133]

Video conferencing and web meeting programs are also incredibly useful where firms have more than one office. Programs such as Join.me, FreeScreenSharing, and GoToMeeting all give firms the ability to have multi-office meetings over the web. This ability cuts down on travel time for attorneys and helps optimize time and scheduling for employees.

• Electronic Filing Systems

While it may seem nerve-wracking to trust all of the company files to a computer system, this can actually improve efficiency and make the entire workflow process easier. The Missouri Courts, for example, have moved to an electronic filing system.^[134] The courts explain that they have moved from a paper-only filing system into a system that allows attorneys to file case documents electronically with the courts.^[135] This includes a statewide case management system, a document management system, a support network for the 5,000 court workers in the system, and Case.Net.By 2008, all that was left for the court was an electronic filing system to make their office truly utilize the paperless process.^[136]

This electronic filing system aims to allow attorneys to view electronic documents in all courts, serve other registered users, and receive notices from the system, all without having to print a single page.^[137] While the initial stages of the electronic filing systems are free, in the future they estimate that the E-filing system will cost $2 to $3 million annually.^[138] Although this number seems high, because most courts charge around $7 for most case filings, attorneys will most likely not need to expend extra money for the added convenience of online filing.^[139]

Within the office, filing documents electronically rather than storing them in filing cabinets can be extremely useful.^[140] Using electronic methods will allow staff to scan or upload documents that will be stored in a central repository, or the cloud.^[141] This allows multiple people to access the file at once, rather than crowd around one document or wasting money on copies.^[142] Also, most electronic filing systems, like M-Files, for instance, have easy searches that allow staff to search through all files for keywords or document tags.^[143] Some of the highest-rated Document Management and E-Filing Systems include eFileCabinet, Alfresco One, Dokmee, and Ademero.^[144]

• Document Naming and Storing

Electronic files should be named in a consistent structure to make finding documents easier and faster. The most popular way to file materials is using the date in the name to allow easier sorting of the materials in a simple easy to understand way.^[145] Keep a blank folder template with subfolders for better organization.^[146] These subfolders should organize the file into sections with one for billing, correspondence, discovery, pleadings, and so on.^[147] An important thing to do is to save Word documents into the “drafts” or “notes” folder and not the document folder.^[148] These documents are easily edited and could look very different from computer to computer.^[149] Any saved documents that are intended for others should be saved as PDFs. Trying different file numbers can help organize your caseload. Determining a client number based upon when the client signed their contract or retainer helps keep everything organized and on track. If multiple clients sign a retainer on the same day, just add a letter, like so: 130803a for the first, 130803b for the second, and so on.^[150] That’s not information that is important all the time, but it is more useful than consecutive numbering that says nothing at all about the file.^[151]

• Search and RetrievalTools

Search and retrieval tools are critical in maintaining organization in your digital files. Used correctly, these tools can help save time in finding documents and finding specific items in documents. Full text – Full-text search and retrieval systems enable one to search for any word in a “full text” format stored on a computer disk and then go to that exact location.^[152] Full-text documents include trial transcripts, witness interviews, expert reports, e-mail, and interrogatories.^[153] The cost for converting paper into a full-text format by a litigation service bureau can range from $1 to $5 a page depending on the condition and format of information on the paper.^[154]

The video of a witness can be digitally synchronized with the full text so that the text and video are always in alignment.^[155] After the deposition, an attorney can simply search for a relevant name, date, or phrase in a video via a computer, and the computer will automatically advance to the section of the video where the words were spoken.^[156]

Scanning and Optical Character Recognition (OCR) – Scanning is the process of putting a document or picture through a scanner that converts the paper into a digital bitmap image.^[157] The document can remain as a non-readable image and linked to a database for retrieval or it can be converted into ASCII readable text.^[158] To convert it to ASCII readable text optical character recognition (OCR) software is used that converts the imaged text such as letters or numbers that appear on a page into a digitally readable format.^[159]

• Cloud Storage Considerations

There are several things to consider when choosing a cloud storage provider. Many courts have weighed in on whether lawyers can store client files in the cloud. No state has said no, and Ohio has given four factors to evaluate whether the cloud is appropriate.^[160] Ohio stated that lawyers must competently select a vendor, preserve confidentiality, supervise cloud vendors, and communicate with the client. You must always do a thorough check to ensure the privacy of your clients and the security of your documents.

Unlike Ohio, Missouri has not addressed this problem yet. However, no state has banned an attorney’s ability to use cloud storage.^[161] Also universal in states’ decisions is the standard of reasonable care that must be used by an attorney when choosing and maintaining a cloud servicing company.^[162]

Another important consideration is storage size. 1GB typically equates to around 20,000 pages of paper and many storage companies begin storage at 5-10GB and increasing with the cost. Consider how many files your firm has and plan your online storage capabilities accordingly.

• Security Concerns and Solutions

Model Rules of Professional Conduct 1.6: Confidentiality of Information (c) A lawyer shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client. Law firms, especially small ones, are typically soft targets for data thieves because they are relatively easy to break into and have valuable information such as social security numbers with names and addresses.^[163] Consumer file-sharing services were never created to protect the kind of confidential information lawyers pass on to their clients and opposing counsel.^[164] The security protections were never put in place to safeguard business-critical files, much less meet the confidentiality requirements of law firms.^[165] Part of the problem is how easy it is to share not just a file or two, but thousands of files in a matter of seconds.^[166] Attorneys attempting to share specific folders with opposing counsel have sometimes later realized that they made every folder on their computers accessible as well.^[167] Because they’re so easy to use and seemingly harmless, many users are simply unaware of the threat to security consumer file-sharing solutions can create.^[168]

Some options for file-sharing solutions include “Business” or “Enterprise” file-sharing options of normal consumer solutions. Some of these options include high-grade encryption that will make you and your clients feel secure.^[169] To help secure communications, attorneys should not use g-mail or other free services that in fact admit that they use personal information from email content.^[170] They should encrypt their client correspondence.

__________________

^[1] Bennett, Jonathan. “The Top 3 Paperless Office Myths, Busted!” Linkden (May 21,2015), https://www.linkedin.com/pulse/top-3-paperless-office-myths-busted-jonathan-bennett.

^[2] Id.

^[3] Id.

^[4] Id.

^[5] Id.

^[6] Id.

^[7] “The Paper Free Workplace: Are We There Yet?” Go Nitro (Nov. 2015), http://www.gonitro.com/ja/resources/ebooks-infographics/paperless-office-statistics-how-to-go-paperless

^[8] Id.

^[9] Martin and Thompson, “The Paperless Office: Common Misconceptions.” Go Nitro (2015), http://blog.gonitro.com/2015/10/the-paperless-office-common-misconceptions/

^[10] Id.

^[11] “The Paper Free Workplace: Are We There Yet?” Go Nitro (Nov. 2015), http://www.gonitro.com/ja/resources/ebooks-infographics/paperless-office-statistics-how-to-go-paperless

^[12] Hathaway and Voisin, “What Paralegals Need to Know About Going Paperless.” Legal Talk Network, http://legaltalknetwork.com/podcasts/paralegal-voice/2016/03 /paralegals-need-know-going-paperless/ 

^[13] Id.

^[14] Id.

^[15] Id.

^[16] Snyder, “Going Paperless: Advantages and Challenges of the Paperless Classroom,” University of Hawaii, Maui College (2016), http://maui.hawaii.edu/pd/wp-content/uploads/sites/4/2016/12/Going-Paperless-Presentation.pdf.

^[17] Wise, “The Great Paperless Office Challenge,” CTG (Sept. 24, 2012), http:..ww.ctgyourit.com/blog/item/107-the-great-paperless-office-challenge.html

^[18] Hathaway and Voisin, “What Paralegals Need to Know About Going Paperless.” Legal Talk Network, http://legaltalknetwork.com/podcasts/paralegal-voice/2016/03 /paralegals-need-know-going-paperless/ 

^[19] Id.

^[20] Id.

^[21] Id.

^[22] Id.

^[23] Id.

^[24] Petro, “How to Start and Run a Paperless Office,” American Bar Association (Feb. 2014), http://www.americanbar.org/publications/gp_solo/2014/january-february/how_start_and_run_paperless_office.html

^[25] Id.

^[26] Id.

^[27] Id.

^[28] Id.

^[29] Id.

^[30] Id.

^[31] Id.

^[32] Id.

^[33] Id.

^[34] Mah, Paul, “14 Tips for Creating a Paperless Office,” CIO (March 26, 2014), http://www.cio.com/article/2377681/time-management-productivity/14-tips-for-creating-a-paper,ess-office.html

^[35] Id.

^[36]Hathaway and Voisin, “What Paralegals Need to Know About Going Paperless.” Legal Talk Network, http://legaltalknetwork.com/podcasts/paralegal-voice/2016/03 /paralegals-need-know-going-paperless/

^[37] Id.

^[38] Id.

^[39] Id.

^[40] Id.

^[41] Id.

^[42] Rowley, Robert, “Practicing Without Paper Charts: One Clinic’s Experience,” AAFP (Feb. 2005), http://www.aafp.org/fpm/2005/0200/p37.html

^[43] Garino, Peter, “A Framework for a Paperless Office Strategy.: ARMA Chicago (Sept. 8, 2015), http://chicago.arma.org/docs/presentations/2015/09/14/ARMA_presentation_PG_Sept_ 2015.pdg.

^[44] Id.

^[45] Id.

^[46] Id.

^[47] Id.

^[48] Garino, Peter, “A Framework for a Paperless Office Strategy.: ARMA Chicago (Sept. 8, 2015), http://chicago.arma.org/docs/presentations/2015/09/14/ARMA_presentation_PG_Sept_ 2015.pdg.

^[49] Id.

^[50] Id.

^[51] Id.

^[52] Id.

^[53] Id.

^[54] Id.

^[55] Id.

^[56] Id.

^[57] Id.

^[58] Id.

^[59] Id.

^[60] Id.

^[61] Adobe, “What is a PDF?” http://http://acrobat.adobe.com/us/en/why-adobe/about-adobe-pdf.html

^[62] Id.

^[63] Id.

^[64] Id.

^[65] Id.

^[66] Investech, “Using PDF in the Law Firm Setting,” http://www/investintech.com/resosurces/articles/lawfirmpdf/

^[67] Id.

^[68] Id.

^[69] Id.

^[70] Id.

^[71] Nerino, J. Petro, “How to Start and Run a Paperless Office” (2014) http://www.americanbar.org/publications/gp_solo/2014/january-february/how_start_and_run_paperless_ office.html

^[72] Id.

^[73] Id.

^[74] Id.

^[75] Id.

^[76] Id.

^[77] Id.

^[78] Id.

^[79] Id.

^[80] Id.

^[81] Sam W. Irby, “Going Paperless for the Law Office.” http://www.irbyandheard.com/GoingPaperless.PDF 

^[82] Id.

^[83] Id.

^[84] Id.

^[85] Id.

^[86] The Bar Plan, “The Paperless Law Office: Ethical and Malpractice Considerations When Going Paperless.” http://www.thebarplan.com/the-paperless-law-office-ethical-and-malpractice-considerations-when-going-paperless/

^[87] Pem Guerry, “Digital Signatures: The Solution for the Paperless Office.” http://www.signix.com/blog/bid/34726/Digital-signatures-The-Solution-for-the-paperless-office.

^[88] Id.

^[89] Id.

^[90] DocuSign, “UETA and ESIGN Act.” https://www.docusign.com/learn/esight-act-ueta

^[91] Id.

^[92] Id.

^[93] Id.

^[94] Id.

^[95] Id.

^[96] Id.

^[97] Emily Maxie, “What Makes a Digital Signature Legal?” https://www.signix.com/blog/bid/92347/what-makes-a-digital-signature-legal.

^[98] Id.

^[99] Id.

^[100] Id.

^[101] Id.

^[102] Id.

^[103] Id.

^[104] Chad Brooks, “Document Management Systems: A Buyer’s Guide.” http://www.businessnewsdaily.com/8026-choosing-a-document-management-system.html

^[105] Id.

^[106] Id.

^[107] Id.

^[108] Id.

^[109] Id.

^[110] Id.

^[111] Id.

^[112] Id.

^[113] Id.

^[114] Id.

^[115] Id.

^[116] Id.

^[117] Id.

^[118] Id.

^[119] Id.

^[120] Id.

^[121] Joe Kissell, “Building the Paperless Office.” http://www.pcworld.com/article/138254/article.html

^[122] Id.

^[123] Petro, Nerino K. “How to Start and Run a Paperless Office.” American Bar Association 

^[124] Id.

^[125] Id.

^[126] Id.

^[127] Id.

^[128] Nicole Black. “Collaboration Tools You Should Already Be Using. American Bar Association.

^[129] Id.

^[130] Id.

^[131] David Sparks and Courtney Ward-Reichard, “Collaboration Tools for Litigators” Law Practice Today.

^[132] Id.

^[133] Id.

^[134] Missouri Courts, “The Missouri Electronic Filing System.” https://www.courts.mo.gov/page.jsp?id=50531(Last Visited April 7, 2017).

^[135] Id.

^[136] Id.

^[137] Id.

^[138] Id.

^[139] Skip Bulk File Cabinets – and Go Beyond Traditional Physical Storage,” M-Files. https://www.m-files.com/en/electronic-filing-document-storage

^[140] Id.

^[141] Id.

^[142] Top Document Management Software Products,” Capterra. http://www.capterra.com/document-management-software/#infographic

^[143] Id.

^[144] Petro, Nerino J., “How to Start and Run a Paperless Office.” American Bar Association.

^[145] Sam Glover. “How to Organize Paperless Client Files.” Lawyerist. 

^[146] Id.

^[147] Id.

^[148] Id.

^[149] Id.

^[150] Id.

^[151] “Technology Tools for Litigation and the Law Office: Why Use Them and What Are They?” FindLaw. 

^[152] Id.

^[153] Id.

^[154] Id.

^[155] Id.

^[156] Id.

^[157] Id.

^[158] Id.

^[159] Jeff Bennion, “Can Lawyers Use the Cloud? Should Lawyers Use the Cloud?” Above The Law.

^[160] “Cloud Ethics Opinions Around the US.” American Bar Association. 

^[161] Id.

^[162] Christopher Anderson and Dan Barahona, “When Secure Enough Isn’t Enough: A Law Firm Guide to Protecting the Confidentiality of Shared Client Files” American Bar Association.

^[163] Id.

^[164] Id.

^[165] Id.

^[166] Id.

^[167] Id.

^[168] Id.

^[169] Nate Lord, “Law Firm Data Security: Experts on How to Protect Legal Clients’ Confidential Data.” Digital Guardian.