LEGAL ADMINISTRATION and TECHNOLOGY

David Goodwin

Gary Weitzel

INTRODUCTION

This presentation is designed to transition paralegals, as users of IT, into the role of administrator, the strategist, steward and trouble-shooter of IT.

A basic understanding of a law office network is essential. This understanding includes; (1) basic and advanced knowledge of a network, (2) the requirements for restoration and recovery of a network and finally (3) perfecting IT’s strategic plan by correctly identifying the needs of the users and leveraging the existing and future network services to address those needs.

This presentation assumes the attendees have a basic understanding of desktop PCs and networks. As paralegals, you have day-to-day experience with your firm’s technology and phone system. If you choose to become a law office administrator, you’ll need a different perspective on IT management. This presentation also assumes that you accept the requirement that the firm administrator must demonstrate competency in explaining IT network and structure requirements to the owners of the firm along with projecting the necessary competence to IT staff and contractors who support this essential service for the firm.

Administrator’s Role in IT Management

Knowing how to confidently manage staff, solve daily problems and competently plan for future purchases is a “day one” requirement for the administrator. You must master the basics of your firm’s network and provide understandable explanations to owners and users when they have a problem. Credibility is essential and knowledge is the key. Your ability to recognize what is an “easy fix” and what is a “higher level issue” is a survival skill which will serve any administrator well.

Once the basic network requirements are understood and you are comfortable describing your network, you can explain more advanced IT services to the owners and users. These services will protect and enhance your network.

Job Description of IT Manager

Depending on the size of your firm, you will be required to either perform the duties of an IT manager or supervise an inside staff or an outside IT service provider. Depending on your size and requirements, this position may either be a full or partial equivalent. Therefore, you may need to split duties if a full time equivalent is not available. Communication about shared IT responsibilities should be detailed and succinct. In any event, your employee or service provider should be on call and available for consultation or in the event of a catastrophe. You must understand IT networks and advanced concepts to effectively supervise your IT manager or to manage the job on your own.

The good news is that there are affordable options for daily IT management and for long-range strategic planning for your network. IT consulting and service companies can be cost effective and scalable solutions when you need an expert. They can provide assistance in budgeting, strategic planning and day-to-day IT support.

For firms with a full or part-time staff member managing IT needs, the new administrator needs to get the attention and respect of that staff member by demonstrating competency in understanding their IT role. Once you’ve established respect, the management of that staff follows. Be sure to review their job description and take the time to understand the IT staff policy and procedures from the IT manager’s perspective. This insight may help you in the future if you need to modify the requirements or manage unacceptable performance.

For smaller firms, a service agreement with an IT service firm (outside IT manager) may be logical. In that case, the administrator acts as the trouble-shooter for issues before the outside IT manager is advised of the issue. Some firms will have an embedded link on the PCs that guides users through the issue, allows submission then reports back to the administrator and user when the issue is fixed. The tracking of these workday issues is very important as you build your future plans of work and track expenses. Outside IT managers usually access the network remotely to fix the problem and load updates and patches to PCs. The ability to access an in-house server remotely has significantly lowered the cost of network maintenance and service call over the years.

Training Is a Priority …. then train some more

As the administrator, you will be responsible for training, sometimes called on-boarding, new employees to your IT and phone systems, along with IT policies and procedures. As an administrator, I can testify to the absolute necessity of training employees to competency and beyond for basic and advanced IT services. This is especially true when you migrate to a new version of MS Office or an update of a service. You may have time to create your own training manuals, along with the firm’s policies and procedures. If you do not have the time, plan for the expense in next year’s budget. Always budget and defend money for training. There are also professional associations, colleges and consulting services that will help you manage this time-consuming and expensive necessity.

Your IT Department and Your Peace of Mind

Building a credible and reliable IT department will keep you sane. Can you imagine frequent disruptions in the network and interruptions in the many applications that your attorneys and staff rely on?

Can you imagine walking into an owner’s office to ask for a $5,000 check for an unanticipated IT cost? An administrator may confront these problems occasionally, but unanticipated problems in IT will wreak havoc on your credibility and reliability. Remember to review problem and event logs during your budget preparation to identify trends that need attention. A budget and strategic IT plan must be approved before the start of the fiscal year and reviewed on a monthly basis.

As an administrator, you will present a budget to your owners and, when approved, you will be expected to live with your projections. IT is a major spend for all law firms. As you build or manage your budget, anticipating the monthly cost of capital and operational outlays is key. Working with your IT manager or consultant to plan the cost of the coming year and tweak the coming year’s plan of work should occur well before the beginning of your fiscal year. Industry surveys may also help you benchmark your IT budget against similarly-sized firms if you find that useful.

The ability to turn software services on or off as needed is desirable. For example, litigation presentation services can be purchased, contracted on a monthly or database size basis or be part of a litigation consultant hired to run the service. The project, your budget, your client’s needs and authorization for costs will be your guide.

Reliable support from your IT manager, either in-house or outside, is the most important factor in your after-hours happiness. The reliability of your version of MS Office suite coupled with the real or perceived uptime of your accounting, time & billing, case & document management software is a reflection on your effectiveness as an administrator and your standing in the eyes of your IT users. Be forewarned, reliable voice and data services to your users can make you or break you. Pay attention and be sure to thank anyone who brings a problem or a complaint to you.

Problems are opportunities to build credibility and enhance the culture and productivity of the firm. Communicate any problems affecting users immediately to users and update that status as services return. Keep the owners immediately informed and, when appropriate, forewarned if a problem requiring service interruption or unbudgeted spending is needed.

If the network goes down, your ability to accurately diagnose the problem and quickly work with your IT manager to restore essential services is a requirement only you can control. Experience shows that the owner’s satisfaction with your response to business interruptions, including IT network issues and your ability to quickly restore services and recover data is a critical element of your performance appraisal and a requirement to continue your tenure with the firm. Your ability to quickly restore and recover the services and data will enhance your role as the legal administrator.

A. Basic Hardware Needs of the Law Office In order to evaluate and apply technology for the benefit of both the firm and the client, we need a basic understanding of the components and principals of technology. Because the majority of you are in firms that already have some level of IT now, we’ll be focusing on in-house technology and solutions, with a discussion later of external hosted, or cloud alternatives. Although most of you know these basics, I want to cover a few details so we’re all looking from the same viewpoint, so I’ll try to move it right along. Whether we’re talking about PC’s or servers, the primary component in all of IT is the computer, and it gets used just about the same way.

Personal Computer Windows operating system Applications, most commonly Microsoft Office Stores data files when the PC is not networked Utility Devices Print / Scan / Fax / Copy Combination or multi-function units Caution in high volume locations Bottlenecks and single point of failure Especially if document imaging is a goal

Network Share common applications and data between users More efficient use of resources, utilities Wired with simple, inexpensive switches is best, but cable costs can be significant Wireless is a cheap, flexible option, but slower and more risk Server Windows Server operating system Network services for control, authentication, sharing Applications and services File storage Shared/common Personal for security and backup Common point of backup, Data and Power Data backup, and its twin, recovery, will be covered later. Uninterruptible Power Systems (UPS)

Multiple Servers Services or applications that require dedicated servers Too large or complex to share hardware Required by the application software producer Just don’t play well with others Virtual Servers Run multiple software server(s) within a single hardware server Where hardware demands are not too great, but a separate server is required Avoids the cost of additional server hardware Free with Windows Server and other sources, such as VMware Hybrid solutions comprised of both multiple hardware and virtual servers Modular servers available now that allow multiple hardware and virtual servers, with common data storage, all in a single hardware chassis

Voice Communication Conventional key systems Familiar, straight forward, little or no training VoIP (Voice over Internet Protocol) More software driven, flexible Multi-location or travel friendly, free long distance Hybrid systems with features of both, Voice/Data cable options Voice and/or Data Providers Previously separate as phone company and Internet service provider (ISP) Now integrated services combining both are more flexible and cost effective T1 or multiple T1’s, based on phone lines, typically AT&T Cable based systems, Comcast, Time Warner, Bright House, etc. Dual providers for best of features and redundancy (fail-safe) Key ingredient, Telecom Consultant Product and market savvy for your needs Examines all requirements, knows what to look for Extra level of support /service, usually no cost, as providers pay them

B. Factors to Consider When Evaluating Software and Related Information Management Systems Administrators often lead the evaluation of software although many of the tasks involved are delegated to others. Evaluation is actually becoming less burdensome on the network as hosted solutions and virtual servers are available. That is the good news. For the administrator and owners, the question still remains; does the benefit of the new software justify the cost of the new service? Is there a less expensive, more efficient solution to the problem?

The administrator must consider these questions during the evaluation phase:

Initial Assessment

Exactly what problem will the proposed software solve? Is there an existing program that can solve this problem without a purchase?

Does the proposed software integrate real-time and share common databases with your core Information Management programs?

Does the client require the software as part of their engagement requirements? Is the investment justified by the quality of the engagement?

Practical Considerations

What are the costs of installation, training, upgrades, patches and service agreements over the useful life of the software?

How much attorney/paralegal billable time will be used to understand the technological needs and practical uses of the program?

What network resources are required to install, run the program and store the data?

Will you set up the beta on a dedicated server or run in a virtual environment? What is the associated cost in time and treasure to evaluate the software? Do you have an existing server with the technical requirements to run the software? If beta is in the hosted (in the cloud), do you have enough bandwidth to run the beta without compromising your existing voice and data services?

For confidential or proprietary data, what security and restrictions are needed?

Other Factors affecting Profitability

If the software is limited by engagement or practice area, will the client(s) fund a portion or the entire cost? How soon can the firm recover the cost of evaluation and purchase?

Where will the application and data be hosted?

What peripheral equipment/software costs are associated with the solution?

Does the software require an expert or outside consultant to run the program without problems at trial, deposition, etc.?

Paralegals and administrators have many opportunities to network and see demonstrations of software solutions through local association and bar events, on-line demonstrations and materials received from your association membership. As an administrator, you will spend time listening to prospects for new software solutions from attorneys, colleagues, friends, family, acquaintances and those ever-present flyers and ads that clutter our physical and electronic inboxes. Evaluating programs is a great opportunity for administrators to demonstrate competence and guide the evaluation process. Your analytic skills, written and oral communication, professional relationships and final recommendation will be judged by your owners and colleagues. Your ability to guide the owners to a decision is a critical task and another of the many requirements of an administrator’s job.

C. Leveraging Technology for Maximum Productivity What is leverage? Is leverage a different term for different situations? For IT, I define leveraging as doing similar tasks with fewer resources and less spend. Consider these examples:

1. When an engagement is approved, staff is required to make the same entry in multiple service databases, such as MS Outlook, case and document management, time and billing system, accounting system and the cost recovery system. Wow, that is a lot of administrative time for a busy firm. Technology was leveraged by finding a non-proprietary solution for a single database shared by the necessary services.

2. The old, worn-out server operating system is no longer supported by Microsoft and no new updates and patches are available in the future. The firm is also planning migration from MS Office 2003 Professional to MS Office 2007 Professional. Technology was leveraged because the firm was already planning for this purchase and the IT strategic plan called for the upgrade of server’s hardware and operating system and office suite. After consultants responded to RFP requirements, a modular server with a SAN and the ability to run virtual servers was purchased. Reducing the number of server boxes, mitigating the purchase of a stand-alone SAN and adding virtual services at a reduced cost compared to a traditional server farm leveraged the firm’s money, reliability and efficiency; and,

3. The aged PBX key phone system (actually a great phone system) was no longer supported and service calls were very expensive, as was the cost of the frequently replaced phones. Technology was leveraged using the money saved from the server update. A VOIP system and three T-1 lines were leased with minimal set up costs. The system improved the band width in and out of the firm, improved productivity of timekeepers and became an integral part of the firm’s disaster recovery program.

I believe that leveraging IT does not happen in a vacuum. Remember to listen and ask your network of fellow administrators, office managers, IT managers and consulting experts for tips on how to make the most of your IT network.

When you have all the right systems and software in place, and the whole firm is taking full advantage of all this technology, the one thing you absolutely must do, is keep it working. There are two critical areas that must be built in from the start to guarantee uptime as much as possible. Those two are proactive network security and a comprehensive backup / recovery plan. Network Security Threats are varied, some are just malicious, but many are also thieves.

Viruses Malware (Adware//Spyware) Hackers and Sabotage

Solutions Current active anti-virus software running on all systems Serious Firewall protection, we favor a separate appliance with strong software Can provide separate, yet secure, guest wireless network

Up to date versions and patches of software to prevent vulnerabilities Encryption to protect sensitive data in email, regulation coming.

Backup & Recovery This is the single most important, and potentially dangerous issue, which is generally misunderstood. And I’d like for everyone to understand the facts. The great misconception is: “In the event of a failure or disaster I can just put my backup tape in and restore my data, server, network, etc.” The same can be said if you are using on-line backup, external drives, etc. Let’s take a quick look at that server diagram. Remember, the server is loaded with Windows Server, then the application software, in this case the backup software, then we run the backup and put everything out on the tape. Now when disaster strikes, the server is wiped out. So we fix the server, but now we can’t read the tape, because the backup software isn’t there to read it, and we can’t load the backup software because the operating system isn’t there either. If we don’t have some way to restore the complete package of operating system and applications, we could be days of work away from using the data on that tape. A positive and tested system of server imaging and recovery needs to be in place to reduce the effort to a few hours or the firm could be unable to function for days. Most firms do not have any such system.

Cloud Computing / Hosted Solutions The applications and functions that an in house network can provide to a firm are also available over the Internet (in the Cloud) on an as needed basis. Buying only the amount of network power and resource required, from a professional IT provider, allows a firm a great deal of flexibility and expense control. New and smaller firms can avoid the high initial cost of implementing a network before they know what their real needs may be, working toward an in house network as volume and needs develop. New applications can be implemented , either for evalutation, or for short term needs, such as specific case requirements. Quicker and with less front end cost, until results justify more capital expenditure. Hosted applications and/or services can be all that a firm ever needs, or they can be a valuable asset as a supplement to an in house network. As a result, always keep their potential in mind when making new IT plans for the firm. As always, review the possiblities with your consultant or IT provider for a more complete perspective.

CONCLUSION Facilitating the Transition from a user of IT to the strategist, steward and diagnostician of your IT network was the goal of this short presentation. You now know the basics of the administrative tasks of managing IT along with the practical technical concepts which will help you explain your network to owners and users. We’ve discussed the expectations and requirements that an owner expects from their administrator along with the leadership role an administrator fosters among the users.

Training remains an important component of leveraging IT, yet it remains the task that is most easily forgotten in the day-to-day and yearly plan of work for the firm. The critical role played by your IT manager and/or technology consultant was discussed as important in your daily efforts to promote efficiency and reliability, along with setting your vision for future improvements described in your strategic plan and budget.

The images and discussion of the basic and advanced requirements of your server, along with the task of leveraging existing services to newer requirements, will help you explain your vision to the owners of the firm. After all, as an administrator, perhaps the most important skill is your knowledge and ability to explain the IT network and structure requirements to the owners of the firm along with projecting the necessary competence to IT staff and contractors who support this essential service for the firm.

Many excellent resources are available to educate administrators on the art of IT management. A short bibliography is found in Appendix A.

Gary and Dave are available following the session and we invite you to contact us if your firm needs help dealing with the day-to-day or strategic IT issues.

APPENDIX A

TECHNOLOGY, NETWORKS & SYSTEM MANAGEMENT Help Desk: Adkins, Andrew III. “Outsourcing Showcase: Delegating IT.” Law Technology News Web site. http://www.lawtechnews.com/r5/showkiosk.asp?listing_id=700425 Epstein, Jason I. “Ten Legal Issues of Technology Outsourcing.” Baker Donelson Bearman Caldwell & Berkowitz Web site. http://www.bakerdonelson.com/Content.aspx?NodeID=200&PublicationID=4 Locke, Madeline. “Helping Your Help Desk: Seven Considerations to Increase Effectiveness.” TCMnet.com Web site. http://www.tmcnet.com/tmcnet/articles/imi1298.htm Rayhill, C.J. “How to Help the Help Desk: 21st Century Support for IT Pros.” TechNewsWorld Web site. http://www.technewsworld.com/story/62475.html?wlc=1255535879 Williams, Adelaine F. “How a Midsize Firm Outsources Its Help Desk.” Law.com Web site. http://www.law.com/jsp/legaltechnology/pubArticleLT.jsp?id=1202433434065&How_a_Midsize_Firm_Outsources_Its_Help_Desk Training: Carter Reynolds, Judye. “Defining Success When It Comes to Legal Technology Training Programs.” Legal Tech Newsletter, April 2006. http://esqinc.com/esqfiles/Articles/Judye-LJN-042006.htm?php Hectus, Justin. “Innovative Approaches to Tech Training.” Law.com Web site. http://www.law.com/jsp/legaltechnology/pubArticleLT.jsp?id=1202434234841&Innovative_Approaches_to_Tech_Training ILTA White Paper. “User Support: Beyond the Classroom.” International Legal Technology Association Web site. http://www.iltanet.org/WhitePaperPDFs/2008UserSupportBeyondtheClassroom.pdf.aspx Mulkeen, William and Charlotte Harris. “Tech Turbulence: Don’t Neglect Training.” Law Technology News Web site. http://www.lawtechnews.com/r5/showkiosk.asp?listing_id=3147815

Tincher, Dale H. and Wendy R. Leibowitz. “Tech Training.” North Carolina Bar Association Web site. http://www.ncbar.org/membership/smolo/practiceTips/techTraining.aspx Network: ILTA White Paper. “Cracking the Code on Security.” International Legal Technology Association Web site. http://www.iltanet.org/WhitePaperPDFs/Security.aspx Nelson, Sharon D. and John W. Simek. “Building Better Fences.” Legal Management, March/April 2006. http://www.alanet.org/publications/issue/marapr06/BuildingBetterFences.pdf Poll, Ed. “Network Security: An Oxymoron? Preparation Is Pivotal to Ensure Your Firm’s Survival.” Legal Management, May/June 2007. http://www.alanet.org/publications/issue/mayjun07/LawBizCoach.pdf Sanders Reach, Catherine. “The Importance of Having Backups.” ABA Legal Technology Research Center Web site. http://www.abanet.org/tech/ltrc/publications/backup.html Woo, Kevin. “Data Loss Prevention Systems at Your Firm.” Law.com Legal Technology Web site. http://www.law.com/jsp/legaltechnology/pubArticleLT.jsp?id=1202433814819&Data_Loss_Prevention_Systems_at_Your_Firm

Compiled by The Association of Legal Administrators

ALA Management Solutions(sm) Lincolnshire, IL