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The Bleeding Edge of Change: Getting Control of Client Files

By David C. Reymann
January 26, 2007

Lawyers are not necessarily known for being cutting-edge adopters of technology, particularly those in small- to medium-sized firms. In fact, it's more of a bleeding edge, as lawyers in all size firms are being painfully thrust into using sophisticated technology solutions to manage cases along with all the attendant print and electronic records. A comprehensive and reliable enterprise-wide electronic records management system is critical for tracking, storing and retrieving client files to reduce ethical, malpractice and compliance risks for law firms.

In its simplest form, electronic records management for client files is a somewhat linear process with three components: conflict checking, active management (current case files) and file storage. An overriding issue is whether the firm stays in compliance with federal, state and other regulatory agencies during each phase.

Before your firm spends any money on new technology solutions, it should conduct an audit of the processes, procedures and systems currently being used for conflict checks, client-attorney communication, internal firm communications, file set-up and storage and retrieval of closed case files. The audit should represent a hard look at how the firm actually manages client files and should address obvious holes in the system that put the firm at risk for misplacing, losing or accidentally destroying critical documentation.

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