Over the last decade and with the rise of international megafirms, attorneys have added Web-based tools to their case management arsenal.  By providing collaboration, cooperation and systemization solutions that bypass traditional time/geographic obstacles, document access is no longer restricted to specific locations or firm-specific hours of operation.  With Internet access and a Web browser, an attorney can view Web repository documents from any trial site, client site or hotel suite.  Web portals enable attorneys to create, import, export, search, print and edit documents remotely — just as they would if sitting at their office PCs. 

Online document production and collaboration processes are now an integral part of many firms’ everyday workflow.  Large cases with massive volumes of paper to be processed, documented and referenced can be streamlined by Web repositories, which provide less labor-intensive case management solutions.  Because the document database is located on someone else’s network, additional software, staff or space requirements are not needed on the firm side.  Vendors often handle it all — and with the mechanics of creating, populating and managing this Web repository database left in the hands of offsite vendors, attorneys can focus solely on the facts of the case and their winning strategies.

Understanding Document Lifecycles
In order for such a document management system to be effective, firms should analyze the life cycle of their millions of documents and establish document management processes related to these various stages.  Traditional document management is focused on the creation and production of files and documents with the intent of providing instant access to the firmwide user base, while a client or matter is active.  Records management systems, on the other hand, give firms the ability to manage their documents once cases are closed and retention and document disposition strategies are needed.  Thus, it’s essential to establish workflows that facilitate communication and integration between document and records systems.

While document management captures the discovery and filing processes through the bulk of document production and into the collaboration arena of an open case, post-settlement records management addresses other issues and begs different questions — e.g., Should you keep every draft, redline and scrap of paper related to the case or preserve only the final version, signature page or filed copy?  Where does it all go?  Onsite or offsite?  In which format?  And for how long?

Web Repositories to the Rescue
Document management “solution architects” can be brought in to analyze a firm’s current workflow practices, management systems and organizational structures, resulting in time and cost savings.  Sometimes converting documents to an electronic format suitable for an online repository is the optimal solution.  During the last year, very large cases involving accounting practices and associated stock market issues have been successfully managed using Web-based repositories.  With the vendors worrying about the database and infrastructure issues, the firms are free to focus on managing content, actual production and coordinating with the contract attorneys and corporate counsel.

Document coding enables case documents to be searched, shared or printed from any location with Internet access.  In one instance, the scanning, coding and populating of 13,000 pages into a document repository was completed within a few days — a short time compared to the countless hours that otherwise would have been spent faxing, e-mailing and overnighting thousands of documents between client and counsel.

Getting Caught in the Web
Web-based technologies face two of the same challenges as any traditional litigation support document management system would encounter: speed and accuracy.  In the “I-needed-it- yesterday” world of litigation, “fast” is always the name of the game. 

Before launching a Web-based repository for a major litigation case, think through all of your worst-case scenarios.  Mentally replay those nightmare situations from bygone cases.  You’ll need a system structure blueprint with policies and procedures in place for workflow and production.  Don’t even think about scanning the first memo before researching your options or before posing potentially show-stopping questions to vendors.

Key Considerations
When creating Web-based document management repositories, do the following:

• Remember the essentials:  Do your homework when shopping for vendors.  Make sure the basic questions regarding security, 24/7 availability and support, effective search capabilities, speedy image viewing, local and remote printing are backed up by client references you can relate to.
• Understand the process:  Once documents have been reviewed, isolated for production, redacted and numbered, who does what in terms of making them available online in a secure folder or separate database or on CD or in paper form?  Define these processes and clarify responsibilities at the beginning.
• Focus on smart decision-making: Once a few million pages are in and reviewers have categorized documents, applied redactions and completed their work, it’s virtually impossible to pick up the collection and drop it into another solution after you realize the system can’t do something you need or the vendor simply can’t keep pace with your input and output requirements.

Summary
With online document production and collaboration processes becoming mainstream at many firms, this might be the right time for you to consider the solution for your firm.

About our authors . . .

James Higdon is National Director of Information Resources at Uniscribe Professional Services, where he works with law firms of all sizes on analyzing existing document and records management methodologies and helps them architect custom technology solutions.  He can be reached at JHigdon@Uniscribe.com.

Kevin Leser is Director of Digital Services at Uniscribe Professional Services, where he is responsible for the development and management of digital document management assets, with special emphasis on complex litigation support scanning, data capture and repository services.  He can be reached at KLeser@uniscribe.com.