Document Assembly & Case Management Blog

Last week I stubbed my thumb ... And while this may not have seemed like a major injury, I came to realize the cost on my productivity.

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.

In a recent article in the New York Times magazine, it was reported that China had ended a policy of official censorship of the press.  Said the Chinese Government official. We believe that our journalists are responsible journalist who understand what is in the best interests of China.  As such, we no longer require that all news copy be reviewed by government censors prior to publication. This was exciting news ... but it required a reading of the fine print to understand what had happened. And the more I read the fine print, the more I realized that something similar had happened in America, both in the public press and other forums of commercial speech.

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 ...

A few days ago a new visitor arrived in our household, a brown “fancy rat” named Mrs. Frisby.  Mrs. Frisby was found inside a Petco, where she was the “favorite” of the store.  This “cute” rat would climb up and crawl all over you, and then curl up on your shoulder.  With the arrival of “the rat” I have had to rethink my attitude towards rats, try to suppress my prejudices against those “rodent vectors” of disease, and think freshly. My observations of the “rat” have been quite intriguing.

Office13, aka Office 2006, now in final beta, introduces a new format WordML, a Microsoft variant of XML that includes XML objects and proprietary Word formatting extensions.  XML has the potential to revolutionize document assembly, allowing for the creation of dynamic editable templates.  D3 and Perfectus make extensive use of XML encoding in Office 2003.  They present a case study in diametrically opposite approaches to the design of document automation software.

At Basha Systems we have recently launched a new and improved client portal.  The system is built in SubDreamer and phpBB2.  We provide a private space for client announcement and downloads. On the client home page we give an overview of recent postings in a private threaded discussion forum.

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

In the past week I have been approach twice by people seeking to buy or build on online commercial lending document assembly system and asked for the appropriate platform.  As a consultant, I patiently explained the options and why merely purchasing a system would expose the company to unacceptable risks; that while I was a lawyer turned programmer, this went beyond the risks I was willing to assume as an automator. In so doing, the issue arose, what warranty does an automator make as to the legal viability of the forms produced.

The goal in document assembly is to “model” the transaction.  A Canadian attorney once explained to me, we don’t have forms and templates, we have document models, which contains structures and details.  Viewed from this perspective, the goal in template development is to build a better model of the ultimate transaction. The result is that negotiations are quicker, and more focused on concepts as opposed to crafty language.