Using Technology for Efficiency, Less Stress and Increased Profits

  • October 28, 2014
  • Vic Tousignant

Table of Contents

  1. Introduction
  2. Stress Builders
    1. A Cluttered Desk
    2. Paper
    3. Limitation Dates and Other Deadlines
    4. Recording Billable Time
    5. Un-billable Time
    6. Getting the Workflow Out
    7. Stale Files
    8. Random Thoughts
    9. Being Too Busy Answering Telephone Calls and Correspondence to Get at the Major Tasks that Need Doing
    10. Going on Vacation
    11. Keeping Up to Date With Changes in the Law and Legislation
    12. Presenting Evidence in Court
  3. Conclusion

1. Introduction

Although technology is usually implemented with a view to enhancing one's efficiency and therefore profitability, it may be that the most beneficial by-product of using that technology is the reduction in the lawyer's stress level.

This paper is designed to assist any practitioner with a paper-and-client-intensive practice. Its object is to identify those factors, which tend to increase stress levels and then to provide suggestions for using technology to reduce that stress.

The reader will not be exposed to a great degree of "tech talk". Rather, what will be presented (except for stress-buster #1 which is non-technical) are plain language suggestions for using technology and thereby reducing stress and increasing profits.

Most of the stress-busters will be demonstrated in the course of presenting the paper.

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2. Stress Builders

a. A Cluttered Desk

The Problem
Many of us work on only a small portion of our desks behind a seemly ever-growing pile of files, and paper which seems to land on the desk faster than we can process it. Mayer (author of Time Management for Dummies) estimates that most people waste almost an hour a day looking for papers that are lost on top of their desks. A typical lawyer's office has paper everywhere-on the desk, sometimes even under the desk, on the credenza, the chair and the floor. There's a pile of those ubiquitous pink phone messages near the phone, and the computer screen resembles the site of a hatch of yellow butterflies. All that paper is a huge distraction and a constant reminder of our failure to work fast enough or hard enough to catch up on all the work at hand. There are probably about 24 solid hours of work staring up from the desks of many of us. Every time we look around, there is a reminder of some pressing task to attend to, other than the one we working on at present. We keep saying to ourselves "One of these days, I've got to organize this stuff". But we never do. This scenario is a recipe for disaster and missed limitation dates.

The Stress-Buster
Organize the paper in your office.

Forget about trying to organize the paper by working through it. The good news is that you can organize all of it in less than an hour. The reduction in your anxiety level will be immediate, and you'll recoup the unbillable time within a week. Just follow these simple steps:

  1. Pick a time to do the deed soon. Pick a day and go into the office a little earlier or bring a sandwich for lunch. Close the door. Put the phone on "Do Not Disturb".

  2. Sort all the paper on your desk. Do not give in to the temptation to do any file work, no matter how pressing it appears to be. Do allow yourself to give diary instructions as you go. Sort everything into categories depending on whether the work must be done:

    1. Immediately - Create a to-do list of these items. You'll prioritize them later. If it seems like your practice seems largely devoted to "putting out fires", your first inclination is to put most items here, but try to keep the list to a minimum.

    2. Soon - These are items that, realistically, can be done by the end of the week. Resist the temptation to put everything but the most pressing into this category. The goal is to realistically spread out your workload.

    3. Someday - Some of the work you will come across will undoubtedly require a substantial amount of time for completion. For example, drafting that Brief or Factum. Don't only diarize the project, schedule it. Look at your calendar and pick a time you can devote to the project, and schedule it in.

  3. Don't get side tracked. When you come across a phone message or note reminding you that you should have called a client yesterday or last week, don't drop everything to make the call, no matter how brief you think the call will be.

  4. Prioritize your to-do list. Use categories or numbers equivalent to "Top", "High", "Medium" or "Low". Anything in the "Low" category should be shifted into the "Do Soon" category. Diarize and schedule the priorities. Be realistic in your expectations.

  5. Remove all the stickies from your monitor, desk or wall. If the note contains a "To-do", add that to your current list then discard the note. If it contains a phone number, record it on your phone list, then discard the note. Because of the ease with which they can be lost, promise yourself never to give file instructions on a post-it note unless the note is stapled to a larger piece of paper. Vow never to have more than one post-it note at a time pasted to your monitor.

  6. Sort your reading material. You probably receive magazines weekly or legal reading such as copies of Weekly Law Digests. The stuff piles up, and to the anxiety created by all the paperwork facing you is added the guilt of not getting at that reading. Chances are much of what's lurking on your desk is out-of-date and you've gotten by without it. Recycle the old material and place the recent in your "Legal Reading" desk folder. (See 8 below for a description of desk folders.)

  7. Repeat steps 2-6. Repeat the process for all the paper on your:

    • Credenza
    • Floor
    • Chairs
    • Work table
    • Anywhere else paper is lurking

  8. Instruct your secretary to provide and label desk folders. These are different coloured files for the various types of work-product flowing across your desk. For example, a red folder marked "Red Hot" for top priorities which must be attended to immediately, a purple one for Incoming Client Mail and yellow for Work Product To Be Reviewed. Customize to suit your practice.

  9. Congratulate yourself on a job well done. Diarize and schedule the organization of your desk drawers and briefcase. Develop efficient follow-up systems. Your workspace is now organized and will only be kept organized if you have effective paper management and follow-up procedures.

The Result
Your anxiety will be greatly reduced because you will know that all of your paper has been organized and that everything is in its proper place. There will be no limitation demons lurking on your desk. Your profitability will increase because you will have eliminated the time otherwise spent searching for paper on your desk.

b. Paper

The Problem
There is simply too much of it. After you have cleared your desk, the deluge of paper will continue and the challenge will be to manage that paper. To use but one example, we make written notes of a telephone conversation with opposing counsel and place the notes somewhere on our desk, intending to contact the client to seek instructions. We make a note on our "To-Do" list. At the end of the day, we have several sets of loose notes floating around somewhere on our desk, and several matters need to be carried over to the next day's To-Do list. All of this is time consuming and inefficient.

The Stress-Buster
Reduce and eliminate paper.

In a client management software program such as Amicus Attorney, one can create a record of all telephone calls, each assigned to its respective file. There is no need to print a hardcopy because the information is readily available on the desktop computer with a couple clicks of the mouse. Another couple of clicks and we have given ourselves a reminder to make the follow up call. All incomplete To-Dos are automatically carried over to the next day. We are reminded if our To-Do list gets too long or if some items become stale. A more advanced solution is to move towards a paperless office with electronic format replacing paper. Most of us already have access to our outgoing correspondence in electronic format. The theory behind the paperless office is to use a scanner to convert hard copy into electronic format, and have the entire file contents on one's computer.

The Result
Less paper means both you and your assistant will have less to shuffle, thereby freeing up time for both of you. Your efficiency will be further enhanced because you will not waste time looking for paper. You will feel less stress, knowing that most of the file is at your fingertips. You can rely more upon your To-Do list and less on memory.

c. Limitation Dates and Other Deadlines

The Problem
The problem with deadlines, of course, is that they sneak up on us. The ramifications of missing a limitation date are obvious. Assuming we know the relevant limitation dates, we must still ensure they are not missed. The firm limitation diary is part of the answer but ordinarily requires the involvement of some other individual. How can we ourselves ensure that we do not miss limitation date?

Filing deadlines present similar problems. In Alberta, we have a series of filing deadlines to meet in advance of the hearing of an afternoon Chambers application. If the Court date is adjourned, the deadlines must be adjusted accordingly. All of that is time consuming, and detracts from ones profitability, even if it is one's assistant who enters the information into a calendar system. The possibilities for error increase with the number of entries to be adjusted. The more possibilities for error, the more the lawyer's stress.

The Stress-Buster
Schedule deadlines in Amicus Attorney using what are called "linked events". All of the linked events are keyed to the ultimate deadline or limitation date. If that date is changed, all of the corresponding deadline dates are simultaneously adjusted.

The Result
Anyone who has come close to missing a filing deadline will know the benefits of having efficient reminders in place. Using one's own calendar for limitation purposes in conjunction with the firm's limitation diary should eliminate the stress of limitation dates (assuming, of course they are entered properly in the first place). The benefits are not having to deal with missed limitation dates and deadlines (in terms of profitability) are obvious.

d. Recording Billable Time

The Problem
We are all intimately familiar with the tyranny of the billable hour. Even if our work is billed on a flat fee or value-to-the-client basis, most of us are required to record our time, if only as a bench mark to assess our worth in comparison to our associates and partners. How many of us have worked diligently throughout a 10 hour day, only to see that we have recorded less than 7 billable hours. Some of the "lost time" might well have been for administrative work. Chances are, however, that some billable time was inadvertently not recorded.

The Stress-Buster
Capture more billable time. Client management software programs have built-in timers which at first may seem oppressive but if used diligently, will capture more time. Make it a practice to record all of your time, whether billable or non-billable, so that at the end of the day you can see where your time went. Most users of Amicus Attorney report an immediate increase in the amount of billable time recorded. An increase of 10% to 30% is not unusual.

The Result
The impact on the bottom line of recording more billable time will be immediate and dramatic. Profits will be up, stress will be down.

e. Un-billable Time

The Problem
Not all of the time spent on a file can be properly billed to a client. For example, a client calls. You need to look at the file, you put the caller on hold for several minutes while your secretary frantically locates that file. Later on, you want to telephone opposing counsel. You spend several moments looking for a telephone number. You recall that a chambers application is scheduled for some time next month but can't recall the new return date. You page through your diary and spend several minutes confirming the new court date. Time spent on these sorts of activities is not properly chargeable to the file. If you could eliminate those time wasters you would increase the amount of time you have to perform billable work.

The Stress-Buster
If you have organized the paper in your office as set out in item 1 above, you will have eliminated, for the most part, the search for files as long as your assistant or secretary's files are likewise organized. Likewise, if you have converted largely to a paperless office, most of the information will be on your desktop and readily available. The time you presently waste looking for phone numbers or confirming court dates can be virtually eliminated by using a client contact management program such as Amicus Attorney. All of your clients, names of opposing counsel, consultants, suppliers, and personal contacts are instantly available with a click of a mouse. One more click of the mouse can dial the phone number faster than even the nimblest of fingers.

The Result
You effectively create more time in the day by eliminating time wasting activity. Call it addition by subtraction. Not only do you eliminate the stress arising from un-billable time, but you also effectively increase the amount of time you have to billable work.

f. Getting the Workflow Out

The Problem
How many times had it happened that we have promptly dictated correspondence on a file, only to have it get stuck in limbo in your secretary's back log. If instead you required your secretary immediately, you have interrupted that person's workflow, elevated their stress level, the brunt of which you yourself will ultimately feel.

The Stress-Buster
Do minor revisions yourself and use templates in Amicus Attorney to deliver that prompt response.

The Result
You will be relieved of the anxiety which arises from a minor revision taking hours to complete. Alternatively, you reduce your secretary's stress level by not constantly interrupting with requests for minor revisions. Nothing quite matches the satisfaction of using a template to generate a prompt response to opposing counsel, thereby putting the ball back in that person's court.

g. Stale Files

The Problem
A file sits in the cabinet for months without being looked at. More pressing matters occupy your time but meanwhile, the client thinks you are negotiating settlement. The client is justifiably upset upon learning, months down the road that nothing has been done on the file.

The Stress-Buster
Never put a file away without ensuring it has a recall date. Use a client contact software program which has a built-in feature which will remind you when files go stale.

The Result
Files will never go stale unless you purposely ignore them when they show up on your To-Do list. You will sleep as a result.

h. Random Thoughts

The Problem
You are in the shower or driving to work and are suddenly struck with some aspect of a file you are working on. You promise yourself you are going to remember that thought when you get to the office. Human nature being what is it, you can't dredge up the idea once you arrive at the office.

The Stress-Buster
Use technology such as a portable tape recorder, voice mail or email to give yourself a reminder. Voice mail is particularly useful in this regard. Phone yourself at the office and leave a voice mail reminding you to do a particular item or to, for example, pick up a jug of milk on the way home.

The Result
You will avoid the unsettling feeling of having lost some insight into the file. You won't have to keep reminding yourself that there is something you have to remember.

i. Being Too Busy Answering Telephone Calls and Correspondence to Get at the Major Tasks that Need Doing

The Problem
You know you have to prepare for discovery, or some disclosure, or put in some other concerted effort on a file. You have it on your To-Do list, but get so wrapped up responding to telephone calls and answering correspondence that the day passes and you haven't attended to the major task. It gets carried over to the next day's list but you go through the same drill the following day. Add in a few appointments and court applications and weeks go by. By then the major task may have been on your To-Do list for the 25th day in a row.

The Stress-Buster
Schedule distinct blocks of time to perform this sort of major task. Amicus Attorney facilitates that process by enabling you to "drag and drop" a to do onto your calendar.

The Result
The work gets done. Tasks will not become larger than life by virtue of having sat on "To-Do" list for many days. You will avoid the stress of continually seeing that nagging reminder on your "To-Do" list. Files will proceed more smoothly.

j. Going on Vacation

The Problem
You work twice as hard the week before vacation doing memos to your files or instructing a colleague to baby-sit your practice.

The Stress-Buster
Amicus Attorney has built-in facilities for setting out all of that information. A colleague can simply view the File Summary, Status Report, and recent telephone conversations to obtain enough information to effectively handle whatever arising during your absence.

The Result
Your stress level will be much lower as you head out for vacation and while you are gone, you won't be interrupted by calls from the office. Your vacation will truly be a vacation.

k. Keeping Up to Date With Changes in the Law and Legislation

The Problem
You don't know whether a proposed bill has come into force. You know that the Supreme Court of Canada issued a ruling yesterday which is relevant to your case and you want to review it before meeting with your client later today.

The Stress-Buster
Use the internet to obtain up-to-date information, legislation and case law. Be careful, however, to note when the site was last updated. Research facilities such as eCarswell will automatically forward updates on issues you have researched. Here is a list of useful internet sites with a brief description of what is contained in each.

  1. Mega-Sites (i.e. good "jumping off' spots)

    http://www.acjnet.org/ (Access to Justice Network)
    http://www.lesa.org/ (LegalEducation Society of Alberta)

  2. Indexes

    http://www.yahoo.ca/

  3. Search Engines

    http://www.hotbot.com/

  4. Government Sites

    http://www.calgary.ca/
    http://www.gov.edmonton.ab.ca/
    http://www.parl.gc.ca/
    http://www.gov.ab.ca/
    http://www.gov.bc.ca/
    http://www.gov.on.ca/MBS/english/index.html

  5. Courts

    http://www.albertacourts.ab.ca/ (Alberta Court decisions)
    http://www.scc-csc.gc.ca/ (SCC)
    http://www.courts.gov.bc.ca/ (B.C. Superior Court)
    http://www.mlb.nb.ca/ (Maritime Law Books)
    http://www.ontariocourts.on.ca (Ontario Courts)

  6. Other

    http://www.abanet.org
    http://www.knowyourrights.com/
    http://www.abanet.org/
    http://www.familylawcentre.com/ (Joel Miller's Excellent Site)
    www.complexfamilylaw.com  (Gene C. Colman's Family Law Centre)

The Result
You will be easily able to up date your research and therefore more confident and less stressed as your proceed to court or to a client meeting.

l. Presenting Evidence in Court

The Problem
Judges, being human, have difficulty following witnesses who rattle off long lists of property or numbers. Even if the information is presented in chart form, numbers are frequently adjusted and as a result, on-the-spot recalculation is necessary, all of which is very time consuming and nerve racking for counsel. At worst, some of the evidence is missed by the Judge.

The Stress-Buster
Use an excel or similar spreadsheet program to effectively present this sort of information. The non-technical author of this paper has created several spreadsheet applications for summarizing and arguing or negotiating the distribution of matrimonial property. Through the use of formulas, the numbers are immediately recalculated if any particular number is adjusted.

The Result
The presentation of evidence or argument will be clearer and your error more succinct. You will avoid the stress of fumbling with your calculator in Court and will be assured of presenting a clear picture to the Court.

Back to Table of Contents

3. Conclusion

There are no magic bullets that will solve one particular problem in and of itself. You must use the technology properly for it to perform efficiently. For example the best limitation system in the world will fail if the data is not imputed. Garbage in=Garbage Out. Technology will not fix the bugs in your present practice. What technology will do is adapt and make your present practice more efficient. One final note. The learning curve in implementing technology such as Amicus Attorney will be as gradual or as steep as the user decides. The stroll (or climb) will be well worth it.

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Vic Tousignant was born in Grande Prairie, Alberta and grew up in Calgary. He worked for several years as a teacher and counselor before entering law school at the University of Calgary and earning his Bachelor Of Laws in 1985.

He was an associate at McKimmie Matthews for 4 years before founding the firm of Tousignant Young in 1992.

For well over a decade, Vic's practice has been exclusively in the area of Family Law. He has served as a bar admission course instructor, and as a volunteer with the Legal Education Society of Alberta, the Provincial Court Mediation program, and the Law Society of Alberta fee mediation project.

In recent years Vic has developed a degree of expertise in practice management and law office technology. His goal is to have a paperless practice before the year 2000.

Outside the practice of law, Vic enjoys canoeing with his wife Kathleen and their three children, and fly fishing any of the magnificent trout streams found in south-western Alberta.

Time Management for Dummies, Mayer, J.J. IDG Books Worldwide Inc. 1995 at page 11.This section was previously presented in the Mid-winter 1998 papers of the Alberta Branch of the Canadian Bar Association (Command Centre Profitability B Turning Your Desk into the Profit Center You Always Wanted It To Be), Papers presented at the Mid-Winter Meeting of the Alberta Branch, Canadian Bar Association, 1998 at page 203 and is loosely based on Mayer's.