2007 ABA Tech Report: The 2007 ABA Legal Technology Survey

In 2007, the American Bar Association's Legal Technology Resource Center surveyed its lawyer members in private practice on their use of technology in the practice of law, and released its findings in the American Bar Association's 2007 Legal Technology Survey Report. What law office and mobile technologies are lawyers using to power their law practices? Are lawyers going paperless? Are they hopping on the Web 2.0 bandwagon? This article examines data from the survey to help answer these questions.

Lawyers on the Move with Technology

Mobile technology has moved beyond the ability to make telephone calls on mobile phones, schedule appointments on PDAs, and create and edit documents and access the Internet on laptops. Today, mobile technology has reached new levels of productivity enhancement. The latest smartphones/ PDAs are pocket computers that can run a wide variety of software (such as document creation software) and feature full wireless Internet access ' allowing for live e-mail usage and Internet browsing.

In the 2007 survey, lawyers were asked a number of questions about their use of mobile technology. The survey results reveal a trend in changing uses of PDAs/ smartphones among respondents, with higher rates of use of PDA/smartphone wireless connections to access the Internet and work with live e-mail.

PDAs/Smartphones

In the 2007 survey, the overall availability of smartphones/BlackBerrys increased slightly, and use stayed roughly equivalent to the results in the 2006 survey, with some differences with regard to firm size. Lawyers were asked: 'Is the following available for use at your firm: Smartphone/BlackBerry?' (See Table 1 below.) The overall availability of smartphones/BlackBerrys across all survey respondents increased to 55% in the 2007 survey from 49% in 2006. The availability increased in all firm sizes, except for solos. In response to the question: 'Do you use a PDA/smartphone/BlackBerry while away from the office?' more than half of the respondents (53%) answered 'Yes,' up from 45% in the 2004/2005 survey.

Table 1

[IMGCAP(1)]

The 2007 survey data indicates an increased use of wireless connections out of the office by respondents. When asked: 'What type of connection do you use to access the Internet while away from the office?' the percentage of respondents that reported using wireless connections increased to 45% in the 2007 survey from 38% in the 2006 survey and 19% in the 2004-2005 survey. Increases were reported across all firm sizes, with increases to 47% from 42% for solos, to 38% from 34% for firms of two-nine lawyers, to 50% from 43% for firms of 10-49 lawyers, to 42% from 33% for firms of 50-99 lawyers, and to 49% from 37% for firms of 100 or more lawyers.

The 2007 survey report reflects large increases in the use of Internet access on smartphones by respondents in most firm size categories. When asked: 'What hardware do you usually use to access the Internet while away from the office?' (see Table 2 below), the percentage of all respondents who answered that they usually use smartphones/ BlackBerrys jumped to 32% in the 2007 survey from 20% in the 2006 survey.

Table 2

[IMGCAP(2)]

Lawyers were also asked: 'How often do you use each of the following feature[s] on your PDA/smartphone/BlackBerry while away from the office: Internet Access.' Twenty-three percent of all respondents answered that they use Internet access features on their PDA/smartphone/BlackBerry regularly, up from 14% in the 2006 survey; and 33% answered that they use Internet access features occasionally, up from 27% in 2006. When asked how often they use e-mail fuctionality, 68% of the respondents answered that they use it regularly, up from 54% in 2006. Increases were reported for nearly every firm size (see Table 3 below).

Table 3

[IMGCAP(3)]

The 2007 survey results illustrate that respondents are increasingly taking advantage of wireless Internet connections, and that those who use PDAs/smartphones/BlackBerrys while away from the office increasingly use wireless Internet connections to access the Internet and to work with real-time e-mail functions. Due to the media focus on the smartphone market in 2007, including the launch of Apple's iPhone and the announcement of Google's participation in the development of a mobile device operating system, it is likely this upward trend will continue.

Laptops

In the 2007 survey, the overall availability of laptops increased slightly to 87%, and use of laptops stayed flat as compared to the results in the 2006 survey at 80%. While the percentage of all respondents to the 2007 survey who reported that they usually use smartphones/BlackBerrys to access the Internet while away from the office increased 12% compared to in the 2006 survey, the percentage of all respondents who reported such use with laptops increased only 4%. We may expect to see increased use of laptops to access the Internet while away from the office in future years if laptop Internet access improves and online versions of relevant software programs are made available. For example, this is the first year that the survey has asked about EVDO/Aircard Internet access ' technologies that may improve the capabilities of respondents to access the Internet wirelessly with laptops in areas where traditional wireless hotspots are unavailable or unstable (see Table 4 below). As software developers continue to develop online-accessible software-as-a-service versions of their products, with an emphasis on security and privacy, we may see increases in laptop Internet access use while away from the office among respondents in the future.

Table 4

[IMGCAP(4)]

The Paperless Office?

The 2007 survey respondents reported increases in the availability of document-oriented technologies such as document-management, PDF-creation and scanning software. These numbers reflect an increasing focus on the automation of law firm document processes and an increase in electronic document exchange in the legal field.

Despite the fact that the survey showed a decrease in awareness among respondents of firm wide document-management/records-management policies, the increases in availability of document-oriented technologies at respondents' law firms point to a possible trend toward a technology-based streamlining of law firm document processes that may share similarities with 'paperless office' concepts. The idea of a paperless office includes the streamlining of businesses' document processes by creating, editing and storing documents in electronic form wherever possible. The benefits of a paperless office include cost reduction in paper, printing and storage, increased speed of document searching and an overall increase in business productivity.

The increase in availability of paperless office-friendly document technologies is evident in the results of several of the 2007 survey questions. When asked: 'Is document management software available for use at your law firm?' (see Table 5 below), the affirmative responses increased to 54% in the 2007 survey from 42% in the 2006 survey, and from 32% in the 2004-2005 survey. Availability of document-management software increased for nearly every firm size, to 29% from 16% for solos, to 38% from 23% for firms of two-nine lawyers, to 61% from 47% for firms of 10-49 lawyers, and to 90% from 83% for firms with 100 or more lawyers.

Table 5

[IMGCAP(5)]

The 2007 survey results reveal an increase in scanning technologies that are used to convert paper documents into digital documents that can be shared, edited and stored electronically. The percentage of all respondents reporting the availability of image scanning software at their firms increased to 86%, up from 77% in the 2006 survey, with increases across the entire range of firm sizes. The availability of text (OCR) scanning software also increased in 2007, with 81% of all respondents reporting its availability, up from 76% in the 2006 survey and from 73% in the 2004-2005 survey.

The availability of PDF-creation software, used to create PDF files for electronic document exchange and storage, increased in the 2007 survey, with 90% of all respondents reporting its availability in the 2007 survey, up from 82% in the 2006 survey.

Litigation and Documents

While law firms are cutting back on paper and increasing their reliance on electronic documents, e-mail and other digital media, the global reliance on digital media and documents has significantly impacted the areas of litigation and discovery. Responses to the question: 'How often, on average, do you receive electronic discovery requests?', showed an increase to 43%, up from 38% in the 2006 survey and up from 27% in the 2004-2005 survey, for a varied range of frequencies.

The percentage of respondents that make electronic discovery requests has increased greatly. When asked: 'How often, on average, do you make electronic discovery requests?' (see Table 6 below), responses showed an increase to 74% for various frequencies in the 2007 survey, up from with 31% in the 2006 survey and 25% in the 2004-2005 survey.

Table 6

[IMGCAP(6)]

The increases in the availability of document-oriented technologies at respondents' firms reflects an increase in electronic document exchange in the legal profession, and reveals a focus on the management of firms' document creation, storage and exchange processes. The legal profession has always been a document intensive field, and as client businesses and the population at large increasingly depend on various forms of electronic communication, we can surmise that managing and streamlining the handling of electronic documents in law firms, including adoption of paperless office and other document-management strategies and technologies, will remain a focus in coming years.

Law Firms and Web 2.0 Technologies

In the 2007 survey, lawyers were asked questions about the use of Web and communication technologies. How are respondents taking advantage of Internet technologies, including 'Web 2.0' technologies?

The percentage of all respondents whose firms have a Web site held steady at 73% in the 2007 survey from 2006, and increased slightly from 68% in the 2004-2005 survey. The results vary widely based on firm size (see Table 7 below). One-hundred percent of respondents from firms with over 50 attorneys, and 97% from firms with 10-49 attorneys reported having a firm Web site. In contrast, only 67% of respondents from firms of two-nine lawyers, and 32% of solo respondents reported having a firm Web site. Establishing firm Web sites can be a convenient and efficient way to market services and enlarge client-bases for those who reported not having a firm Web site.

Table 7

[IMGCAP(7)]

In the 2007 survey, lawyers were asked: 'Does your firm have a Weblog/blog?' A total of 5% of all survey respondents reported that their firm has a Weblog/blog, up from 3% in the 2006 survey. Eight percent of respondents from firms of 100 or more lawyers, 8% of respondents from firms of 50-99 lawyers, 3% of respondents from firms of 10-49 lawyers, 3% of respondents from firms of two-nine lawyers, and 4% of solo respondents reported having a firm blog. These numbers may seem low, but according to a 2006 Pew Internet & American Life Project report, only around 8% of Internet users keep a blog; and according to a 2007 American Express study, only roughly 5% of businesses with 100 employees or less maintain blogs. (See, Amanda Lenhart, Susannah Fox, 'Bloggers: A Portrait of the Internet's New Storytellers,' July 19, 2006. www.pewInternet.org/pdfs/PIP%20Bloggers%20Report%20July%2019%202006.pdf. See also, Marci Alboher, 'Blogging's a Low-Cost, High Return Marketing Tool,' The New York Times, Dec. 27, 2007, available at www.nytimes.com/2007/12/27/business/smallbusiness/27sbiz.htm.)

According to a summary of an eMarketer analyst report published in 2006, at the time more than 90% of small, mid-sized, and large enterprises did not yet maintain blogs, which would put the percentage of those businesses that did maintain blogs at less than 10%. (See, Summary of an analyst report: James Belcher, 'The Business of Blogging: A Review,' eMarketer Inc., July 2006. www.emarketer.com/Reports/All/Blogs_aug06.aspx.) Thus, that 5% of all survey respondents reported that their firms have a blog seems to fit roughly in line with these other reported figures, which range from 5% to 10% for general Internet users and businesses maintaining a blog.

In terms of reading blogs, 96% of all respondents reported using the Internet to read information on news and current events, and 46% of those reported using a Weblog/blog for current awareness purposes, up from 38% in the 2006 survey (see Table 8 below). In comparison, according to a 2006 Pew Internet & American Life Project report, 39% of Internet users read blogs, and according to a summary of an eMarketer analyst report published in 2006, only 14% of U.S. Internet users read blogs (see link above). Compared with these figures, for most firm sizes, a much higher percentage of the legal technology survey respondents read blogs than other Internet users.

Table 8

[IMGCAP(8)]

Another concept gaining popularity is 'software-as-a-service,' a term that describes software applications accessed over the Internet instead of by being installed on a user's desktop or laptop computer. One example is Google Documents, which offers users the ability to create word processing and spreadsheet documents online. On average, 28% of all respondents have used the services of an online service provider providing access to software services via the Web, holding steady with the 2006 survey results, and up from 18% in the 2004-2005 survey data, which asked an equivalent question using the term 'application service providers.' If software companies, both general and legal specific, improve the quality and scope of their software programs accessible online, with an emphasis on privacy and security issues, we may see an increase in the number of respondents who use 'software-as-a-service' applications over the Internet in the future.

Conclusion

These examples from the 2007 Legal Technology Survey Report demonstrate that our attorney survey respondents are adapting to the times and taking advantage of new technologies in their legal practices. Our respondents are using wireless connections on PDAs/ smartphones to browse the Web and use real-time e-mail, they are buying technologies that can help streamline document processes, they are making and receiving more electronic discovery requests, they are creating blogs at about the same rate as other businesses, and they seem to be reading blogs with more frequency than other Internet users. For more interesting insights into the use of technology in the legal profession, find out more about the ABA Legal Technology Resource Center's Legal Technology Survey Reports at www.abanet.org/tech/ltrc/survstat.html.

In 2007, the American Bar Association's Legal Technology Resource Center surveyed its lawyer members in private practice on their use of technology in the practice of law, and released its findings in the American Bar Association's 2007 Legal Technology Survey Report. What law office and mobile technologies are lawyers using to power their law practices? Are lawyers going paperless? Are they hopping on the Web 2.0 bandwagon? This article examines data from the survey to help answer these questions.

Lawyers on the Move with Technology

Mobile technology has moved beyond the ability to make telephone calls on mobile phones, schedule appointments on PDAs, and create and edit documents and access the Internet on laptops. Today, mobile technology has reached new levels of productivity enhancement. The latest smartphones/ PDAs are pocket computers that can run a wide variety of software (such as document creation software) and feature full wireless Internet access ' allowing for live e-mail usage and Internet browsing.

In the 2007 survey, lawyers were asked a number of questions about their use of mobile technology. The survey results reveal a trend in changing uses of PDAs/ smartphones among respondents, with higher rates of use of PDA/smartphone wireless connections to access the Internet and work with live e-mail.

PDAs/Smartphones

In the 2007 survey, the overall availability of smartphones/BlackBerrys increased slightly, and use stayed roughly equivalent to the results in the 2006 survey, with some differences with regard to firm size. Lawyers were asked: 'Is the following available for use at your firm: Smartphone/BlackBerry?' (See Table 1 below.) The overall availability of smartphones/BlackBerrys across all survey respondents increased to 55% in the 2007 survey from 49% in 2006. The availability increased in all firm sizes, except for solos. In response to the question: 'Do you use a PDA/smartphone/BlackBerry while away from the office?' more than half of the respondents (53%) answered 'Yes,' up from 45% in the 2004/2005 survey.

Table 1

[IMGCAP(1)]

The 2007 survey data indicates an increased use of wireless connections out of the office by respondents. When asked: 'What type of connection do you use to access the Internet while away from the office?' the percentage of respondents that reported using wireless connections increased to 45% in the 2007 survey from 38% in the 2006 survey and 19% in the 2004-2005 survey. Increases were reported across all firm sizes, with increases to 47% from 42% for solos, to 38% from 34% for firms of two-nine lawyers, to 50% from 43% for firms of 10-49 lawyers, to 42% from 33% for firms of 50-99 lawyers, and to 49% from 37% for firms of 100 or more lawyers.

The 2007 survey report reflects large increases in the use of Internet access on smartphones by respondents in most firm size categories. When asked: 'What hardware do you usually use to access the Internet while away from the office?' (see Table 2 below), the percentage of all respondents who answered that they usually use smartphones/ BlackBerrys jumped to 32% in the 2007 survey from 20% in the 2006 survey.

Table 2

[IMGCAP(2)]

Lawyers were also asked: 'How often do you use each of the following feature[s] on your PDA/smartphone/BlackBerry while away from the office: Internet Access.' Twenty-three percent of all respondents answered that they use Internet access features on their PDA/smartphone/BlackBerry regularly, up from 14% in the 2006 survey; and 33% answered that they use Internet access features occasionally, up from 27% in 2006. When asked how often they use e-mail fuctionality, 68% of the respondents answered that they use it regularly, up from 54% in 2006. Increases were reported for nearly every firm size (see Table 3 below).

Table 3

[IMGCAP(3)]

The 2007 survey results illustrate that respondents are increasingly taking advantage of wireless Internet connections, and that those who use PDAs/smartphones/BlackBerrys while away from the office increasingly use wireless Internet connections to access the Internet and to work with real-time e-mail functions. Due to the media focus on the smartphone market in 2007, including the launch of Apple's iPhone and the announcement of Google's participation in the development of a mobile device operating system, it is likely this upward trend will continue.

Laptops

In the 2007 survey, the overall availability of laptops increased slightly to 87%, and use of laptops stayed flat as compared to the results in the 2006 survey at 80%. While the percentage of all respondents to the 2007 survey who reported that they usually use smartphones/BlackBerrys to access the Internet while away from the office increased 12% compared to in the 2006 survey, the percentage of all respondents who reported such use with laptops increased only 4%. We may expect to see increased use of laptops to access the Internet while away from the office in future years if laptop Internet access improves and online versions of relevant software programs are made available. For example, this is the first year that the survey has asked about EVDO/Aircard Internet access ' technologies that may improve the capabilities of respondents to access the Internet wirelessly with laptops in areas where traditional wireless hotspots are unavailable or unstable (see Table 4 below). As software developers continue to develop online-accessible software-as-a-service versions of their products, with an emphasis on security and privacy, we may see increases in laptop Internet access use while away from the office among respondents in the future.

Table 4

[IMGCAP(4)]

The Paperless Office?

The 2007 survey respondents reported increases in the availability of document-oriented technologies such as document-management, PDF-creation and scanning software. These numbers reflect an increasing focus on the automation of law firm document processes and an increase in electronic document exchange in the legal field.

Despite the fact that the survey showed a decrease in awareness among respondents of firm wide document-management/records-management policies, the increases in availability of document-oriented technologies at respondents' law firms point to a possible trend toward a technology-based streamlining of law firm document processes that may share similarities with 'paperless office' concepts. The idea of a paperless office includes the streamlining of businesses' document processes by creating, editing and storing documents in electronic form wherever possible. The benefits of a paperless office include cost reduction in paper, printing and storage, increased speed of document searching and an overall increase in business productivity.

The increase in availability of paperless office-friendly document technologies is evident in the results of several of the 2007 survey questions. When asked: 'Is document management software available for use at your law firm?' (see Table 5 below), the affirmative responses increased to 54% in the 2007 survey from 42% in the 2006 survey, and from 32% in the 2004-2005 survey. Availability of document-management software increased for nearly every firm size, to 29% from 16% for solos, to 38% from 23% for firms of two-nine lawyers, to 61% from 47% for firms of 10-49 lawyers, and to 90% from 83% for firms with 100 or more lawyers.

Table 5

[IMGCAP(5)]

The 2007 survey results reveal an increase in scanning technologies that are used to convert paper documents into digital documents that can be shared, edited and stored electronically. The percentage of all respondents reporting the availability of image scanning software at their firms increased to 86%, up from 77% in the 2006 survey, with increases across the entire range of firm sizes. The availability of text (OCR) scanning software also increased in 2007, with 81% of all respondents reporting its availability, up from 76% in the 2006 survey and from 73% in the 2004-2005 survey.

The availability of PDF-creation software, used to create PDF files for electronic document exchange and storage, increased in the 2007 survey, with 90% of all respondents reporting its availability in the 2007 survey, up from 82% in the 2006 survey.

Litigation and Documents

While law firms are cutting back on paper and increasing their reliance on electronic documents, e-mail and other digital media, the global reliance on digital media and documents has significantly impacted the areas of litigation and discovery. Responses to the question: 'How often, on average, do you receive electronic discovery requests?', showed an increase to 43%, up from 38% in the 2006 survey and up from 27% in the 2004-2005 survey, for a varied range of frequencies.

The percentage of respondents that make electronic discovery requests has increased greatly. When asked: 'How often, on average, do you make electronic discovery requests?' (see Table 6 below), responses showed an increase to 74% for various frequencies in the 2007 survey, up from with 31% in the 2006 survey and 25% in the 2004-2005 survey.

Table 6

[IMGCAP(6)]

The increases in the availability of document-oriented technologies at respondents' firms reflects an increase in electronic document exchange in the legal profession, and reveals a focus on the management of firms' document creation, storage and exchange processes. The legal profession has always been a document intensive field, and as client businesses and the population at large increasingly depend on various forms of electronic communication, we can surmise that managing and streamlining the handling of electronic documents in law firms, including adoption of paperless office and other document-management strategies and technologies, will remain a focus in coming years.

Law Firms and Web 2.0 Technologies

In the 2007 survey, lawyers were asked questions about the use of Web and communication technologies. How are respondents taking advantage of Internet technologies, including 'Web 2.0' technologies?

The percentage of all respondents whose firms have a Web site held steady at 73% in the 2007 survey from 2006, and increased slightly from 68% in the 2004-2005 survey. The results vary widely based on firm size (see Table 7 below). One-hundred percent of respondents from firms with over 50 attorneys, and 97% from firms with 10-49 attorneys reported having a firm Web site. In contrast, only 67% of respondents from firms of two-nine lawyers, and 32% of solo respondents reported having a firm Web site. Establishing firm Web sites can be a convenient and efficient way to market services and enlarge client-bases for those who reported not having a firm Web site.

Table 7

[IMGCAP(7)]

In the 2007 survey, lawyers were asked: 'Does your firm have a Weblog/blog?' A total of 5% of all survey respondents reported that their firm has a Weblog/blog, up from 3% in the 2006 survey. Eight percent of respondents from firms of 100 or more lawyers, 8% of respondents from firms of 50-99 lawyers, 3% of respondents from firms of 10-49 lawyers, 3% of respondents from firms of two-nine lawyers, and 4% of solo respondents reported having a firm blog. These numbers may seem low, but according to a 2006 Pew Internet & American Life Project report, only around 8% of Internet users keep a blog; and according to a 2007 American Express study, only roughly 5% of businesses with 100 employees or less maintain blogs. (See, Amanda Lenhart, Susannah Fox, 'Bloggers: A Portrait of the Internet's New Storytellers,' July 19, 2006. www.pewInternet.org/pdfs/PIP%20Bloggers%20Report%20July%2019%202006.pdf. See also, Marci Alboher, 'Blogging's a Low-Cost, High Return Marketing Tool,' The New York Times, Dec. 27, 2007, available at www.nytimes.com/2007/12/27/business/smallbusiness/27sbiz.htm.)

According to a summary of an eMarketer analyst report published in 2006, at the time more than 90% of small, mid-sized, and large enterprises did not yet maintain blogs, which would put the percentage of those businesses that did maintain blogs at less than 10%. (See, Summary of an analyst report: James Belcher, 'The Business of Blogging: A Review,' eMarketer Inc., July 2006. www.emarketer.com/Reports/All/Blogs_aug06.aspx.) Thus, that 5% of all survey respondents reported that their firms have a blog seems to fit roughly in line with these other reported figures, which range from 5% to 10% for general Internet users and businesses maintaining a blog.

In terms of reading blogs, 96% of all respondents reported using the Internet to read information on news and current events, and 46% of those reported using a Weblog/blog for current awareness purposes, up from 38% in the 2006 survey (see Table 8 below). In comparison, according to a 2006 Pew Internet & American Life Project report, 39% of Internet users read blogs, and according to a summary of an eMarketer analyst report published in 2006, only 14% of U.S. Internet users read blogs (see link above). Compared with these figures, for most firm sizes, a much higher percentage of the legal technology survey respondents read blogs than other Internet users.

Table 8

[IMGCAP(8)]

Another concept gaining popularity is 'software-as-a-service,' a term that describes software applications accessed over the Internet instead of by being installed on a user's desktop or laptop computer. One example is Google Documents, which offers users the ability to create word processing and spreadsheet documents online. On average, 28% of all respondents have used the services of an online service provider providing access to software services via the Web, holding steady with the 2006 survey results, and up from 18% in the 2004-2005 survey data, which asked an equivalent question using the term 'application service providers.' If software companies, both general and legal specific, improve the quality and scope of their software programs accessible online, with an emphasis on privacy and security issues, we may see an increase in the number of respondents who use 'software-as-a-service' applications over the Internet in the future.

Conclusion

These examples from the 2007 Legal Technology Survey Report demonstrate that our attorney survey respondents are adapting to the times and taking advantage of new technologies in their legal practices. Our respondents are using wireless connections on PDAs/ smartphones to browse the Web and use real-time e-mail, they are buying technologies that can help streamline document processes, they are making and receiving more electronic discovery requests, they are creating blogs at about the same rate as other businesses, and they seem to be reading blogs with more frequency than other Internet users. For more interesting insights into the use of technology in the legal profession, find out more about the ABA Legal Technology Resource Center's Legal Technology Survey Reports at www.abanet.org/tech/ltrc/survstat.html.