Document Assembly & Case Management Blog

Lawyers deal with risk every day.  Whether responding to a summons and complaint, drafting an estate plan, or structuring a limited partnership, lawyers are called on to identify the areas of risk and resolve them.  Because most lawyers lack formal actuarial training, few lawyers can quantify the actual level of risk in a given situation, or the exact degree to which their actions and advice reduce that level of risk.  And yet, “risk reduction” is the main reason businesses and individuals hire lawyers. This articles explores the nature of risk, how lawyers assess risk, and how they can profit from doing a proper risk assessment.

For better or worse, the future of document assembly is on the Web. The web offers cheaper maintenance, quicker updates, and a more consistent look and feel. The web is also the most cost-effective on total cost of ownership ("TCO").  The catch is that startup costs are much greater for web deployment of automated templates.  Particularly since most law firms wish to “dip before they dunk”, the presence of desktop or networked document assembly solutions is critical to the development of automated content.  In the past five years, millions of dollars have been invested in innovative web-delivery of automated document creation systems.  By contrast, the investment in client/server based document assembly software has been minimal.

Over the past decade, document assembly systems have come and gone.  Some, like HotDocs 4.2, HotDocs 5.x, CAPSAuthor, WinCAPS, SmartWords, Agility, FastDraft, Form Bank, MasterDraft, MillRace, NovaDocs, PowerTXT, Scrivener, ThinkDocs, and WorkForm, are no longer supported.  Some like GhostFill, ProDoc, WinDraft, and Perfectus have only a small developer community that provides limited support. Others, like WordVBA and Wordperfect have macros tools that require dedicated technicians to support and maintain. Yet other systems, like Pathagoras, D3 and qShift lack support for traditional programming techniques like repeat loops, nested IF statements, and variable scripting.

The result is that thousands of legal templates are locked in poorly supported legacy systems, representing hundreds of thousands of hours of programming and invaluable legal workproduct.  This article explores a process of identify and extracting the business rules and workproduct from these legacy systems and moving them to more powerful and better support platforms such as HotDocs or DealBuilder.

There is much talk about the “Holy Grail” in document assembly.  As those who have seen “Monty Python and the Holy Grail” or more serious students of the Arthurian Romance (as opposed to those who have read “The DaVinci Code”, the Holy Grail is a “chalice” or “cup” which held the blood of the real Christ, was kept as a holy relic by the church for centuries and then was lost to history.  During the middle ages, knights went on quests to “find” and “recover” the Grail.  The Grail was never found.  But the “search for the Grail” filled up thousands of pages of literature, and the hunt for the Grail kept thousands of knights diverted in a quest that kept them from seeking to overthrow corrupt monarchies.

In the world of document assembly, one vendor has claimed to have achieved “the Holy Grail”.  The technology will not be available till late in 2007.  When it is, we will review it.  The question is not whether the Grail can be found, but whether it will be the “solution”.

I gave the following presentation in Sydney, Australia at a conference sponsored by Simon Lewis on the future of Document Assembly.  In this conference I spoke about the opportunities and barriers to entry for document assembly in the legal marketplace.

AS IT APPEARED IN TECHNOLAWYER:

Buying a new pair of shoes is fairly simple — you pick out styles you like, try them on, and go with the pair that fits and looks best. But picking out shoes and picking out a document assembly program are two entirely different animals. In this article, technology consultant and HotDocs expert Seth Rowland takes the guesswork out of your search and arms you with all you need to know about the newest edition of LexisNexis’ popular document assembly software — HotDocs 2006. Seth gives you the lowdown on the pros and cons as well as his wish list for future editions. Whether you’re new to document assembly or an experienced coder, we think you’ll find Seth’s exhaustive review helpful in your evaluation process. This article contains 2,753 words.

In a recent TechnoRelease, entitled “TR: Document Assembly: Let’s Be Frank.”, Roy Lasris, President of Innovative Software Products of Virginia, the developer of Pathagoras, wrote the following

Seth Rowland, a well recognized document assembly guru and multiple TechnoLawyer Contributor of the Year outlines in an article published in the September 27, 2005 TechnoFeature 13 discreet steps needed to implement an effective interview driven document assembly system. Seth implores those who are considering document assembly to find the time to implement all steps. Failure to do so will result in less than an optimal system.

I thank him for that quote. He then continued:

As a busy attorney, you may have neither the time nor the inclination to invest that kind of energy without having a guaranteed outcome. As academically accurate as he may be, Seth’s approach is simply contrary to (1) human nature and (2) the nature of most law offices. If you cannot or will not find the time to do it, then you won’t do it.

It is there that I disagree, both with his interpretation of my article, and his conclusion that real a substantial time investment in document assembly will not be rewarded by substantial multiples in profits for any law firm that makes such an investment.

Mrs. Frisby came into our life last week ... She is a “fancy rat”.  Her presence as a pet in the household has forced a re-examination of my prejudices as I have put this creature, who normally skulks around in the dark (avoiding rat poison) under close observation.  I have observed rat behaviour that has lessons for document assembly ...

On a recent pitch, I was asked what value-add GhostFill offered over open-source Linux based document assembly tools.  The answer was, “What tools?” There are no open-source document assembly development projects.  Complex rule-driven text manipulation is a mix of “content-management” and “programming”.  Content management deals with Word, RTF, Text, HTML, and PDF formats, traditionally handled on a Windows platform with Windows tools/

Basha Systems continues it exploration of finding the most efficient technology to provide information on document assembly and its potential as a “disruptive technology” that created “profits” for the practice of law. Part of this exploration has been the porting of the this blog to Expression Engine. Other examples can be seen on the main Bashasys.com web site with the introduction of Video Tours of our system. See Document Assembly Video Tours. Another element is the use of integrated web publishing and threaded discussion technology which will soon be available as a private Client Portal on Bashasys.Net