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REDUX: The True Cost of DIY Legal Technology – Why Pro Se Tech is Such an Economic Disaster

June 27th, 2008 by Ross
This was one of the earliest posts on Ross Ipsa Loquitur – from the Fall of 2006. The same issues keeps coming up . . . over and over and over again. On listserves, at CLE conferences, directly from clients. So before falling into the trap of thinking a do-it-yourself approach to technology is actually the least expensive approach, please, please read this. Every word of it. It will save a fortune. It will save your sanity too. And as you read it, and after you finish it, come back to this famous quote attributed to famous oil firefighter Red Adair (immortalized by John Wayne in “The Hellfighters“):

If you think it’s expensive to hire a professional to do the job, wait until you hire an amateur.

The original post follows:

______________________________

From a very interesting discussion on Solosez recently. The question came up about how to configure and customize case management software to best streamline a practice. One poster made the point that they couldn’t afford professional consulting services and were wondering about DIY approaches, sharing area of practice “templates” from others (in this case, they were specifically referring to Time Matters software).

Here were my thoughts on this and why the most expensive decision a firm can make – of any practice focus and any size – is NOT to professionally deploy key practice tools like case managers:

“Those of you who have seen my live CLEs may have heard my presentation on how to profit from the use of technology. One of the basic lessons I have tried to get across for over two decades is something so utterly fundamental it still amazes me when it comes across as shocking. That is:

Lawyers should avoid representing themselves pro se on their tech and practice management issues.

It’s so simple. And while there a few exceptions, think of what it means when tech.savvy lawyers like Andy Simpson, Steve Terrell and others here are smart enough to know where their abilities reach their limits and when it makes sense to call in a professional.

Every hour a lawyer spends working on tech issues, trying to “save money” by not hiring a professional, costs whatever you bill by the hour. And the odds of that lawyer solving the technology or practice management problem as quickly as a professional would are very, very low. Further, the odds of getting something more complex right, varying of course from person to person depending on expertise with the application or situation, are relatively low in most situations.

Let’s put numbers to it to illustrate this (and trust me, I’ve seen this played out HUNDREDS of times in field):

Scenario: you have an uncustomized out of the box Time Matters or Amicus installation. You decide you want to customize your system for the five primary practice areas you work in: estate planning, family law, bankruptcy and personal injury.

You bill for hourly work at $200 per hour (and your flat fee work averages about $250/hour if all goes the way as planned)

You have never worked with any consultants on your case management project – you essentially just clicked install, hoped for the best and found it better than Outlook, but it has never really fit any of your practice areas.

You, like many firms, have an inadequate data backup system – incremental backups only, Travan tapes, never perform test restores (a recipe for The Perfect Digital Storm).

You begin without having any backup of your current case management system, nor all the contact and client info you’ve entered and worked with for nine months. You don’t realize this however. You’re full of enthusiasm for the customization project, because it seems like it would be “fun.”

You spend two full days – initially just the evenings after work, but then it seems like if you spend just a little more time, you’ll finally figure it all out. So now you decide to “invest in your practice” and spend two otherwise billable work days on your customization efforts. So you’re about 16 otherwise billable hours into this ($3200 to $4000 time value at your rates).

And now you come to a critical realization – you’ve trashed your system – you can’t even access the existing data because you’ve changes data fields in function, form and order. You have a scrambled mess. You try to restore from your backup from four days earlier. Because it was an incremental backup, there’s no way to restore the entire case management database. You slump down on the floor and mutter “holy $&^#, what have I done?”

It’s all too common – it really is folks. I’ve seen this mortifying picture over and over and over and over again. Because I’ve been called in to rescue situations like this . . . it’s been a large part of my career.

So let’s look at comparative costs – the pro se approach above v. a professional approach with assistance:

Pro Se Approach:
——————————-

Cost in lost billables during working hours – $3200 – $4000

Time that still has to be spent attempting to unravel the mess (lawyer spending MORE of his/her otherwise billable time on the software vendor’s tech support time): another full day (if he/she’s lucky) – $1600 – $2000.

Time spent after the vendor phone support option fails having to pay a consultant just to get them back where they were before this “money saving” attempt: another $2000 gone, never to be billed.
Total cost to lawyer: $6800 to $8000.

And please, let’s all agree that time not billed has the precise same effect on one’s P&L as writing a check. Money not coming in decreases your top line, while a check written increases expenses. Either way, the net effect on profit is the same – it reduces it. So you absolutely don’t have to write a check to “spend” money. It’s $6800 to $8000 out of the “pro se technologist” lawyer’s pocket.

End result – hopefully no data will be permanently lost and the lawyer will get back to where he/she started from. In other words, no net accomplishment.

Professionally Assisted Approach:
—————————————–

Lawyer seeks out and retains an experienced certifed consultant to help with the project. Consultant learns about the lawyer’s practice and the various success roadblocks, not only in technology use but in the overall workflow in the lawyer’s practice. In other words, the consultant and lawyer work together to find out what problems are trying to be resolved by using a case management system in the first place.
Time is spent reviewing the data that needs to be tracked in each of the four areas of practice previously described. Same with the kind of info the lawyer should be tracking about all his/her contacts, prospects, colleagues, experts, etc.
Time spent upfront with the consultant to learn about the practice, the issues, the technology situation: $500 – $3000ish.Consultant then uses several existing area of practice templates he/she has developed for other clients, tweaks and tunes them to fit to the lawyer’s practice needs, builds several key macros, triggers, clipboards, template documents for assembly, etc. Time spent = $4000.
Consultant installs templates and trains lawyer and his/her assistant on the use of the “new” case management processes and area of practice templates. Time spent = $1500 – $2000ish.
A couple of Fujitsu ScanSnap S500s added to complete the Paper LESS Office element of the project as well – cost = $800 after rebates.

Total cost = $6800 – $8300

End result = a true practice management system that finally reveals the effectiveness of the software being used. A workflow process that makes sense and focuses on electronic case files. All the benefits that a case manager, if well-selected and well-implemented, should bring. The lawyer and his assistant are each billing 15-30 minutes more per day because they are not wasting otherwise billable time looking for paper files. The lawyer is also capturing 15 more minutes per day throughl automatically triggered time entries every time he enters a case note or phone notes in the system.

At $200/hour, and 30 measurable additional billed minutes each day, the lawyer is billing $24,000 more per year. The staffer, who bills about 1/3 of her time as a legal assistant at $50 per hour, adds about $2500 more per year. So in the first year, subtracting the costs of the project (including about 10 non-billable lawyer and staff hours = $2500 additional economic cost in working with the consultant and not doing billable legal work) we have $26,500 additional revenue less $6800 to $8300 project cash out plus $2500 in non-billables = $15,800 to $17,200 in the first year and $26,500 each year after that.

Versus NOTHING in the pro se approach – just a waste of about $7000 of time and lots of angst.

So tell me, why is this lesson not learned by otherwise very intelligent people? It’s a most interesting question. Especially when as lawyers, we innately understand how pro se representation usually blows up in our client’s faces.

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