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LAW - CUTTING DOWN ON THE PAPERWORK - COMPUTER TECHNOLOGY.
1116 words 13 May 1994 The Independent - London 27 English (c)
1994 Independent Newspapers (UK) Limited . All rights reserved. This
material may not be published, distributed or exploited in any way.
Monica Horten reports on the benefits, problems and implications of the increasing use of computers in litigation cases
In the future, law firms will be required to provide witness
statements, pleadings and discovery schedules on computer disks. That
is the growing feeling among City firms, which are installing the
latest computer technology to support litigation cases.
Litigation is a paper-intensive process, where the benefits of
computerisation are most immediate to the client, according to Jonathan
Maas, a litigation support expert with the City firm Lovell White
Durrant. "If you can produce a detailed analysis at the touch of a
button, in response to the other side's allegations, the client will be
impressed," he says.
Graham Smith, head of litigation at Bird and Bird, who specialise in
intellectual property and telecommunications, says that corporate
clients already make technology a determining factor in their decision
to hire a firm.
Recently, representatives from the pharmaceutical and banking
industries were invited to speak at a seminar organised by the Society
for Computers and the Law. Their organisations make heavy use of
computer systems, and have most of their supporting documentation on
disk.
Many expressed the view that they would like their lawyers to be
freed from the mundane tasks of document searching, in order to
concentrate better on the merits of the case. Computerisation should
improve the chance of winning a case by giving lawyers a better grasp
of the facts.
Mr Smith acknowledges that many firms will express doubts about such
claims, but he warns: "The litigation partner who is sceptical of
technology can't remain a sceptic when the client hands over a data
disk."
The Serious Fraud Office has already indicated to leading criminal
law firms that it wants to exchange documents on disk in selected
cases. "If the prosecution wants to supply us with evidence on disk,
then having the technology in place gives us a competitive advantage,"
says Tony Sacker, the IT partner with the criminal law firm Kingsley
Napley.
Mr Smith believes that computerised litigation support is no longer
just for the large commercial law firms. Advances in technology,
combined with the falling cost of hardware and software, mean that it
is now accessible to all firms. In the mid-Eighties, when Lovell White
Durrant and Bird and Bird first computerised litigation cases, the
systems ran on expensive mainframe computers. Today, a suitable system
can be designed to run on a relatively low-cost personal computer
network.
Computers assist fee-earners prepare a case by improving access to
all sources of information. They are better equipped to piece together
the story, and also have the right tools to devise a strategy for the
case, and communicate it to the client.
"Computer support helps lawyers to simplify the strands of the case
and develop an overview," says Mr Maas. "And it can enable the grasping
of issues that the human mind may well fall down on."
Mr Smith highlights the preparation of the list of discovery
documents, traditionally done with a typewriter or word processor. But
the changes to the list become laborious as documents are added and
withdrawn, and if the work is done by lawyers, it becomes expensive.
In his view, this process is one where the benefits of
computerisation can be enjoyed by small and large firms alike. His
approach is to index the documents in a database, and when changes are
made to the discovery list, the database automatically alters the
numbering.
Fee-earners at Bird and Bird have direct access to the database from
personal computers on their desk. They can, for example, search for all
documents of which a particular witness is the author. The firm also
has the facility to scan documents into the computer. The advantage of
scanning is that documents can be accessed instantly - instead of
hauling out box files, the fee earner can call up the image of the
relevant papers on the screen.
In addition, the scanned documents are portable. They are stored on
CD-Rom (compact disk, read-only memory), with one disk storing 100,000
pages of A4. It is therefore possible to carry the entire case
documentation to court, even in the largest cases.
Scanning, however, is expensive, and is unlikely to be of benefit in
every case. Firms may prefer to buy a small scanner for in-house use,
and use a bureau for those cases which warrant the expense, and where
the client is prepared to foot the bill.
The main benefit of scanning is that lawyers can use the power of
the computer for full-text searching - checking all the documents for
information that may not have been found manually. This requires an
optical character recognition (OCR) scanner. Experts, however, take the
view that OCR is not particularly effective. It works well for typed or
printed documents where the text is clearly legible, but fails on
documents which are handwritten or faded.
"It is not possible to use OCR for the vast majority of litigation
cases," Mr Maas says. "Words have been encircled, notes appended, or
the document is a fifth-generation copy." On the other hand, full text
searching is viable where the documents were generated on a computer,
and are already in digital form - for example, correspondence
originated in-house on a word processor.
Another problem presented by this is charging. "It is a very
difficult issue and I don't think anyone has got to the bottom of it,"
says Mr Sacker. The present system of hourly rates will not be tenable
where computers cut down the time spent on each case, and it is more
likely that the charges will depend on how much the client is willing
to pay for the anticipated benefit.
Clients can be billed directly for some aspects, such as the
scanning of documents. But the key decision is whether to charge a
premium for new technology, on the grounds that there is a better
chance of winning the case, or whether to regard the computer system as
a means of bringing in extra business that will make up for the loss in
hourly fees.
There is also debate about whether the costs of computerised
litigation support should be paid for by the Legal Aid Board. George
Ritchie, the board's legal adviser, says it regards computer equipment
as an overhead, rather than a disbursement. It is possible, however,
that the use of a bureau service for scanning documents could be
regarded as a disbursement.
Firms would need to apply for prior authority, and so far, says Mr Ritchie, he is not aware of any that have done so.
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