The quarterly publication of the International Legal Technology Association
Issue link: https://epubs.iltanet.org/i/271291
WWW.ILTANET.ORG 37 and other information to complete the picture. Matter management systems have gained popularity recently, as they hold the promise of integrating all those disparate systems to provide a comprehensive view that enables lawyers to manage their clients more efficiently. Coupled with underlying workflow changes, these systems can truly offer end-to-end capability for efficiently managing matters, especially in firms looking to collaborate across multiple jurisdictions. Such systems further enable cost containment measures such as business process outsourcing or legal process outsourcing. At the heart of these solutions is the value of providing simple, efficient access to information from multiple sources in one single system in conjunction with the ability to implement workflow components. In addition, firms typically look to systems that help improve the flow of information to their clients. Many systems already in use can be better leveraged to accommodate this need. These include extranets and deal/data rooms that could provide access to all matter data or important subsets, such as key financial data. Unified communications also can play a pivotal role in fostering the sharing of data as firms deploy more robust solutions that offer components such as presence awareness and desktop videoconferencing. When evaluating and selecting any system, its ability to enhance client communication should be a key factor. NEED FOR TECHNOLOGY SAVVY LAWYERS Competition among firms continues to increase as clients have settled into the new norm of expecting more for less. As firms look to differentiate themselves, they are moving toward technology to help them. They must arm their lawyers with the appropriate systems to maximize their efficiency and access to information, while also ensuring their lawyers know how to use those tools effectively. Managing partners will be looking to their IT teams to help guide them and provide the best solutions to help leverage these aspects of their operation. To that end, it's imperative that lawyers be offered the most intuitive systems and be provided with options for learning how best to use them. requirements of larger firms. As such, lawyers typically work across a variety of integrated yet different systems. Firms continuously look to newer systems and tools to help provide a competitive edge. Business process management (BPM) or workflow, as it is more readily thought of, is one of those tools. Providing lawyers a more consistent, automated process for completing routine operations (matter inception/opening, bill generation or expense reimbursement, for example) in the form of a defined, electronic (paperless) workflow can lead to tremendous savings (while also reducing risk associated with mistakes made in a manual process). Though tools have existed in this arena for quite some time, historically they have been expensive and cumbersome to implement. Modern solutions finally are achieving the value this technology has long promised. In addition, by implementing workflow solutions designed for multijurisdictional firms, lawyers can be provided more immediate access to workflow status — something of crucial importance for updating clients on matter status. In the past few years, the desire to manage clients and matters more holistically has become increasingly popular as firms recognize the need for training across systems and integrating some form of workflow. DMS solutions typically are implemented in a matter-centric fashion, but clients and matters comprise more than just documents and email. Lawyers look to financial data, key dates and contacts, Model Rule 1.1 addresses the client-lawyer relationship, stating a lawyer owes clients what is commonly referred to as a "duty of competence." The Rule explains that duty as follows: "A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation." The newly amended Comment 8 to Model Rule 1.1 provides additional guidance by explaining that: "To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology, engage in continuing study and education and comply with all continuing legal education requirements to which the lawyer is subject." Scratchpad + Notable Changes to ABA Model Rule 1.1