In the practice of law the capability to automatically assemble documents can significantly impact profitability. Document assembly is a system designed to assemble documents automatically. If you prepare wills and trusts, corporate papers, bankruptcy papers, litigation pleadings, retainer agreements, letters, or in any area of law, you will benefit by setting up a document assembly system for your specific practice. By automating document assembly you can save time and reduce the need and wait for support staff to type and proofread documents. It is one technology tool that enables a lawyer to efficiently compete against document preparers in providing cost-effective services for your clients.
One of the first seminal document assembly systems was designed and implemented by Charles Pear for automating conveyancing documents for the sale and financing of residential properties. This system resulted in obtaining new business, substantial new billings and much better service for their clients. (Law Practice Management Magazine, Nov/Dec 1993.)
Document assembly systems are systems designed to take variable or clause information from a user and generate completed or nearly completed legal documents. Variable are words, short phrases, data or numbers that change from one document to another. The names of parties to a contract, the payment amounts, completion dates and so on are examples of variables that change for each contract. Also clauses or alternative paragraphs can be inserted in a document the same as variables.
Document assembly systems are generally menu-driven, question and answer systems that guide the user through the document assembly project. Some systems simply request the user to fill in the blanks and that data will be inserted in the proper place in the document. Some systems can manipulate the data by performing calculations or formatting it in a specific way. Clauses and the user's own forms or templates can generally be added depending upon the features of the program. Document assembly predefined systems are available for a wide range of law specialties - wills and trusts, litigation, contracts, incorporations, collections, evictions, bankruptcy and partnerships, among others.
A recent feature to look for is the capability to fill in preprinted forms using a computer. As if using a typewriter, a legal professional can fill in the forms on a computer. These preprinted forms can then be printed. The user can define the fields and can save the answers for use in drafting similar documents.
Implementing a document system is much easier with the new software on the market, but consider the following:
- Determine the specific practice area that you wish to automate. If your firm practices in several areas you may want to choose a small practice area to implement the initial document assembly system. If you have only one or two practitioners in the area it will be easier to agree upon the forms and clauses that will be automated.
- Identify the process, documents to be automated and the shared common parts of the documents such as headings, client information and other identical information. The automation of your practice area will require a review of the present manual workflow process to identify the most efficient way to streamline the workflow. Also important is to assemble all documents and determine their interrelationship with each other. This will be important in later determining the collection of variable information and the order of collection. Also, identify the users of the systems to properly design the interface.
- Choose your software package. Focus on what type of functions you wish to perform. Some of the software and forms available may be more appropriate for general practice as opposed to the attorney who has his own set of forms and wants to automate those. Determine how well the software handles an attorney's own forms and clauses. Another consideration is the ease of installation, setup, and user interface that all will have a bearing on the success of your system. Does the software provide case management functions along with the document assembly features?
- Prepare a final version of the documents and begin scripting. Make sure you have a final form, since subsequent changes will impact other related documents. Scripting or setting up the conditions of a document depends upon the complexity of the document. This is tedious but important since it impacts the variable information entered, the conditions and final assembly of the documents.
- Create and design the user interface screens to obtain information from users. Depending upon the software you choose, you can create user-friendly but powerful interface screens. The user screens do not have to follow the document layout but can be tailored to how the information is accumulated or as to the thought processes of the user. It may be useful to develop written questionnaires for users if the information is not being entered directly into the computer.
- Test and retest the document assembly system. Be sure to test the system before releasing it to the users. Input many different factual scenarios to check out the accuracy of the variable, scripting and the formatting.
- Implement training and help systems. Set up individual and group training. Provide the opportunity for a resource person to help new legal professionals using the system with little inconvenience to the user,
Document assembly systems can either be created from scratch by the law firm or can be purchased already completed by outside vendors. Some of these systems are state- specific and others are more general, requiring some modification. They combine a word processing program, a database program and some form of artificial intelligence or the basis to ask questions of the user for document assembly purposes.
Some products to consider include the popular HotDocs, HotDocs Pro and CAPS Author programs. HotDocs is a document assembly and form automation package that can be purchased for approximately $100 along with many preconfigured forms such as general practitioner, bankruptcy and federal forms that can be used or modified (www.capsoft.com). Some other document assembly programs to consider are WinDraft (www.lawtech.com/windraft) and ExperText Systems, Ltd. at (416) 971-8454.
Document assembly systems, if properly constructed, can efficiently and effectively automate the practice of law for the benefit of your clients.
Michael Arkfeld is an attorney with the Department of Justice. These views do not necessarily represent those of the Department of Justice.