Second Opinions

Evaluating Practice Management Software

By Tom O'Connor

TO ANSWER this question, the first hurdle we must cross is to define "practice management software."

This is a classic example of attempting to do software analysis from the top down. I don't know what kind of practice you have (e.g., a bankruptcy practitioner will have different issues than attorneys with trust and estates practices); how large your practice is (e.g., solos have different concerns than big firm lawyers) or what type of hardware you have (e.g., old PCs versus new speed demons; Wintel versus Mac)

And all those questions come before "What the heck do you mean by practice management software?" Furthermore, lest you think I am just trying to be witty, remember that there are software applications for document management, knowledge management and case management. The question is increasingly important as definitions of software applications become increasingly blurred.

Let's assume that by practice management, you mean is what we used to call case management. (Well, actually we still do, as you'll see in a moment). The earliest, basic CMS programs were elaborate docketing or calendaring programs that tracked both client and case information. Now, more sophisticated programs provide checklists of tasks to be performed, administer the flow of documents used in a case, and produce management reports.

Advanced case managers can even handle document workflow by providing imaging and document assembly components that interface with the firm's word processing system and its time-and-billing system. Newer "intelligent" systems can even capture advice given to clients and store it in a database, along with task checklists and the firm's guidelines for handling all cases of a specific type.

Ten years, Dick Robbins (the first head of the ABA's Law Technology Resource Center) proposed the idea that case management systems were the future of legal practice. In 1995, he submitted a presentation at the American Corporate Counsel Association conference that proposed a CMS that would include:

• All data about the firm's cases (including clients, matters, courts, attorneys, witnesses, and relevant statutes and regulations) in a single relational database.

• Checklists of actions needed, advice given to clients, index of advice given by type of advice and key words, and full text storage of the actual advice.

• A chronology of work performed on each case and records of time spent and costs incurred.

• Assembly of key documents from checklists.

• Checklists to walk any attorney through the steps in handling a case, including interviews, document collection, analysis, and filings.

• Monitoring of communications among team members on specific cases.

• Quick and easy transfer of documents among team members.

• Clear reports on work done, case status, and advice given.

Next month at the American Bar Association's TechShow 2001 in Chicago (mandatory disclaimer: I'm a member of the planning board for this conference) there will be moderated "shootouts" among the CMS vendors with the largest market share.

This year and last, the "shootouts" were divided between products for small- and medium-sized firms (the three leading contenders are Abacus Data System Inc.'s AbacusLaw), Gavel & Gown Inc.'s Amicus Attorney and DATA.TXT Inc.'s Time Matters). For large firms and corporate departments (the contenders here are Lawbase (Synaptec Software Inc.), LegalEdge (WEB SITE DOWN), Mitratech and ProLaw from ProLaw Software Inc.)

The large firm shootout is moderated by Andy Adkins, director of the Legal Technology Institute at the University of Florida Law School (as well as TechShow 2001 chair).

Adkins uses a comparison list of what he considers to be essential features for a good CMS program. These include calendaring and tickling, a case diary, document generation and report writing -- all components on Dick Robbins' list. (Also worth reviewing: the recent ASP survey, which contains statistics on CMS applications and their usage, at 222.law.ufl.edu/lti.)

Adkins' evaluation list is also interesting both because of what it does not contain: accounting software. Most of today's case management systems (and yes, they now do refer to themselves as "practice managers") do not offer accounting functionality (with rare exceptions such as ProLaw.) What they do have is a sophisticated blend of docketing, calendaring, billing, word processing, database maintenance, and information services.

The key, then, in comparing this richly complex field is to decide what features you need and then determine which programs offer those features. From simple calendaring and to-do lists, to programs with case management features, and even high-end systems with accounting functions, you must first decide what part or parts of your practice you want to manage and how, before you can decide which software to use.

For example, Amicus Attorney and Time Matters have specific modules for client files, contact info, scheduler, call tracking and time sheets as well as tools for drafting documents or sending messages. They also link to other programs such as WordlDox for doc management and Juris, TABS III, Timeslips and PCLaw for accounting.

21st Century Lawyer features similar modules as well as specific functions for evidence management and automatic time tracking, billing and budgeting. It also includes links to the International Accounting Software Visual Advance 2000 ("IAS") Software Module, which is priced and sold separately. Abacus focuses on calendaring functionality with features for case and contact management, document control, conflicts of interest checking and time & billing tracking.

Other Programs

Case Master III is a companion program to TABS III, LawBase is high end SQL based product which customizes it's application for each customer, LegalEdge is also a high end performer which has been in business for a number of years and CLMS Mitratech is a similarly high end product which emphasizes "knowledge management". In this price range, ProLaw is the only application that offers an accounting module as a standard feature as well as offering complete integration with Elite or CMS if the client uses one of those systems.

Finally, your question asks about data on price performance. I am not aware of any report that contains both of those components. Comparisons can be found at legal conferences such as the ABA TechShow, American Lawyer Media Inc.'s Legal Tech shows or Glasser Legal Works -- virtually every legal conference these days covers this issue. The annual technology survey from ALM's AmLaw Tech magazine will tell you what the top 100 firms are using. My own book, The Automated Law Firm, offers a comparison of CMS applications based on a 10-point feature system first developed by Dick Robbins.

Your best bet? Find a good consultant who has worked with the programs and get an analysis of what software best fits your practice. It will be money well spent and the first step in really managing your practice.

Tom O'Connor, a member of the LTN Editorial Advisory Board, is a consultant with Applied Legal Technologies Inc.