A presentation by Andrew Legrand and John Mayer at the 2016 ABA Techshow. Learn how to systematize automation, which documents you should automate, and which software will help you create automated documents and snippets of text.
2. www.techshow.com
#ABATECHSHOW
John Mayer
•Executive Director - CALI (Center for Computer
Assisted Legal Instruction)
•Developed A2J Author
•Automated Over 1,000 Legal Aid Forms
•Not a Lawyer, Computer Nerd
•Inspiration: Huge need for legal aid, not enough
lawyers, and help for the self represented
9. www.techshow.com
#ABATECHSHOW
What is automation?
•au·to·ma·tion - noun - the use of largely
automatic equipment in a system of
manufacturing or other production process.
•The use of computers & software to do
tedious, but necessary, tasks – usually
done by non-attorney employees,
secretaries paralegals.
10. www.techshow.com
#ABATECHSHOW
Main Goal of Automation
•Help lawyers create better documents
faster, by supplying “intelligence” in the
form of built-in document structure, logic,
and clauses generated from a checklist
•Calculators
•Produce consistent decisions
19. www.techshow.com
#ABATECHSHOW
Why Should Lawyers Systemize?
•Speed & Efficiency: save time by inserting text
faster
•Cost savings: saving time usually lowers
overhead
•Profit: spend less time on low value, commoditized
processes, which allows more time for high-value
work (that you charge more for!)
•Reliability: automated processes create perfect
output every time
•Reduce Stress. Let machines do the mundane
21. www.techshow.com
#ABATECHSHOW
Key Points
•“We are built for novelty and excitement, not for careful
attention to detail.”
•“You want people to make sure to get the stupid stuff right.”
•“Checklists provide a kind of cognitive net. They catch
mental flaws inherent in all of us — flaws of memory, and
attention, and thoroughness.”
•“Trained, hard-working, dedicated professionals regularly
and frequently make avoidable mistakes. The solution may
seem ridiculous in its simplicity…
–Use a checklist!”
25. www.techshow.com
#ABATECHSHOW
The Process
1. Breakdown long, multi-step processes
into smaller steps (using pen & paper)
2. Create a process tree (using pen &
paper)
3. Record comments (i.e., citations, cases
names, statutes) and changes to the
document in place where others can easily
access, anytime (e.g. cloud)
26. www.techshow.com
#ABATECHSHOW
Store the Process
•Google Docs: Free, robust commenting and
version tracking
•Google Sites: An internal Wiki for your team
•SweetProcess: online repository for
common processes, easy to capture
screenshots
–URL: bit.ly/SweetProcess
•MindMaps: Plenty of Software Options
27. www.techshow.com
#ABATECHSHOW
What kind of documents should
lawyers automate?
•Pleadings: appellate briefs, & district court
filings, affidavits
•Form contracts: estate planning docs,
business formation docs
•Internal Docs: engagement letters, tax forms,
employee docs, trial and deposition prep
•Client letters: common advise that changes
based on circumstances
38. www.techshow.com
#ABATECHSHOW
Before we Start…
Some Key Observations
•Yes, creating the system is front-loaded, in
terms of effort, time, and cost
•Once built, however, it's 95% self managed
(only 5% effort in tweaking)
•Don’t obsess about perfection; just start by
keeping track of drafts (and then fine-tuning
them).
•Periodic Audit
39. www.techshow.com
#ABATECHSHOW
Analyze the Structure
•What is the document’s logic?
•What are the commonly encountered
variables?
•Other factors that need to be considered in
drafting the document? (Formatting, Style,
etc)
(Figure this out with pen &
42. www.techshow.com
#ABATECHSHOW
BOLD AND ALL CAPS
as told by Butterick
DON’T CAPITALIZE WHOLE PARAGRAPHS. THIS HABIT IS
ENDEMIC TO LAWYERS, BUT IT’S ESPECIALLY COMMON IN
CONTRACTS. MANY LAYERS SEEM TO THINK THAT
CAPITALIZATION COMMUNICATES AUTHORITY AND
IMPORTANCE. “HEY, LOOK HERE, I’M A LAWYER! I DEMAND
THAT YOU PAY ATTENTION TO THIS!” BUT A PARAGRAPH
SET IN ALL CAPS IS VERY HARD TO READ. AND IT’S EVEN
HARDER TO READ IF IT’S BOLD. AS THE PARAGRAPH
WEARS ON, READERS FATIGUE. INTEREST WANES. HOW
ABOUT YOU? DO YOU ENJOY READING THIS? I DOUBT IT.
BUT I REGULARLY SEE CAPITALIZED PARAGRAPHS IN
LEGAL DOCUMENTS THAT ARE MUCH LONGER THAN
THIS. DO YOUR READERS A FAVOR. STOP CAPITALIZING
WHOLE PARAGRAPHS.
45. www.techshow.com
#ABATECHSHOW
Consider style
•Who is the document being written for?
Draft accordingly.
•Eliminate unnecessary legalese
•WriteClearly.org (for Lawyers)
•Readability-Score.com (aim for an 8th
grade Level)
48. www.techshow.com
#ABATECHSHOW
Keep the System Updated
•Create a “change log”
–What changed?
–Who changed it?
–Why was it changed?
•Listen to Lawyerist podcast with Barron
Henley for more info
(The 5% you have to keep
51. www.techshow.com
#ABATECHSHOW
1. Formatting
1. Microsoft Word Styles: more than fonts;
includes auto-numbering
2. Create a “Style Sheet” for each doc type
3. Read Typography for Lawyers (Matthew
Butterick)
4. Get training on use of Styles
53. www.techshow.com
#ABATECHSHOW
More Suggestions
1. Briefs: learn to create a Table of
Authorities & Cross-References
2. Contracts: learn to create Table of
Contents
3. Print to PDF: with document structure &
bookmarks will auto-generate
4. Get training on these skills - lynda.com
62. www.techshow.com
#ABATECHSHOW
What does Andrew use most often?
•Email Address
•Your fax number
•Firm name
•Address
•EIN (and a dropbox link to my W-9)
•Email Signature
•Louisiana Secretary of State
66. www.techshow.com
#ABATECHSHOW
Common, Default Advice
I've received this question so many times that I've created a default answer: pay it
and avoid any additional penalties. The ticket is a non-moving violation, so it will
not be reported to your insurance company.
You can try to challenge it, but based on discussions with other attorneys, you'll
probably lose and have to pay the fine anyway. You can also appeal that decision
to Civil District Court, but the filing fee is about $400. And on the off chance that
you win, you still won't get that filing fee back. So unless you want to just fight the
good fight, that's not a financially viable option.
If you do not pay the fee, the city may boot your car, then add on extra penalties.
Eventually, they'll send it to collections, and it could even affect your credit. If
you've received more than one ticket, I recommend you contact the city attorney
and attempt to negotiate a lower payment.
Yeah, that sucks. The most effective thing you can do? Write your city council
member (http://www.nolacitycouncil.com/) and complain.