Resistance from even one person can lessen the chances of success . Some people are attached to paper and may not want to give it up because it ’ s tangible and familiar . Change often provokes anxiety .
Be a role model
Your firm ’ s digital leaders must be positive role models . These leaders should be in positions of authority within the firm and acknowledge that the transition may result in bumps and bruises along the way , but the outcome will be worth it .
Ensure complete compliance
Even if your digital implementation plan is in place and your firm is humming along like a well-oiled machine , it ’ s not the time to be complacent . It ’ s important to have a mechanism to measure the effectiveness of your new system and ensure everyone complies with your plan . There are many ways to accomplish this ; it may be driven by your definition of “ effective ,” or by the goals you sought to achieve through less reliance on paper .
A method of measuring the effectiveness of your processes and staff compliance is establishing a team of individuals from your firm to meet regularly and provide feedback on what is working , what isn ’ t working , and which procedures or workflows may need revision to accomplish your desired results . Input from your team keeps the lines of communication open , ensures your processes and workflows are revised as needed , solidifies staff buy-in , and leads to better client service .
Prepare for negativity
It ’ s inevitable that at some juncture , change will be met with negativity . Some people thrive on constancy . Resistance to change is sometimes based in fear . There is often at least one person in a firm who adheres to the belief that processes and procedures should not change because “ it ’ s always been done it that way .” Well-thoughtout responses to perceived negative remarks equip you to deal with naysayers .
Eliminate file cabinets and physical files
Once you have implemented your digital process and are confident it ’ s working , get rid of file cabinets and physical files . The plan to go digital was based upon your goals to get rid of paper and lower overhead costs . Keeping paper files and storage units only entices those wedded to paper to deviate from the plan .
Build a Chain with No Weak Links
Too many firms approach their digital office as a work in progress , which is dangerous . What follows are the main considerations for those planning to take the digital leap , understanding that the biggest risks associated with going digital typically focus on retrieval issues and / or security issues .
File naming
While digitizing documents is a fairly easy process , finding them can be difficult . It is crucial to have a formalized policy on file naming conventions . In many firms , individual practice areas develop their own protocols . Many don ’ t have protocols . While a few people within a team might find saved files , an outsider would most likely be unable to do so – or at least not easily . When paper files and digital files are both maintained , the saved digital file need not be as accessible as it would in a completely digital world . Take away the paper and the need for digital access increases .
Search functionality
Another key component of a digital system is incorporating excellent search software to ensure keywords can immediately produce all digital documents consistent with the query . Document management software includes excellent search functionality along with its many other features .
Timing is everything
Emphasize the importance of ensuring everything associated with a particular matter is scanned properly and timely and saved digitally . If others associated with that matter believe all documents have been digitally saved but there are documents scattered around the office , it can be a recipe for disaster . Unknowingly relying on an incomplete file can lead to duplicating work and creating confusion and could easily result in a breach of the standard of practice , laying the groundwork for a malpractice action .
Document destruction
A digital policy must include document destruction guidelines with procedures that maintain the confidence of clients . Considerations to drafting this policy include document storage before and after scanning ; notification on documents verifying they have been scanned and can be destroyed ; and computer system backup procedures – always maintain documents until your system has been backed up , which should occur nightly .
Calendar management
Another digital risk factor is calendaring important dates and deadlines prior to digitizing and destroying documents . If a document with an important date or deadline has been digitized without being added to the calendaring system , it is unlikely that date will ever make it there . Conversely , when maintaining paper files , an individual might continually run across the document when working on a matter and realize an important date had not been captured . The saying “ out of sight , out of mind ” applies to a digital practice , making good date-capture processes imperative .
Encryption
There are many security issues associated with going digital . Specifically , with remote and mobile lawyering , maintaining client confidences is not always easy . The common practice of keeping digital information on various devices results in instances where confidences might be compromised . Cloud-based storage and lost laptops , tablets , or smartphones – the list of possible breaches goes on . Unencrypted data , even if properly secured , could lead to a nightmare scenario .
12 THE GAVEL