I am not familiar with the 404 Media podcast, but their feature 18 Lawyers Caught Using AI Explain Why They Did It is worth a read. We have certainly well past that time where perhaps judges were unfamiliar with the AI and would give early adopting lawyers some benefit of the doubt for errors. But now every judge has learned of lawyers using AI that created fake cases and citations while the submitting lawyers obviously failed to review the AI’s drafting, which would have revealed the hallucinations.

So, it’s good to understand the bench is tiring of these excuses from lawyers. I used to have to sit through child support enforcement dockets while payors gave their creative and unique stories as to why they didn’t pay their child support, not understanding the judge has heard it all– weekly if not daily. Lawyers just starting to use AI who fail to check citations and quotations are going to get as much consideration and respect as the cowboy who, instead of paying child support, “had to” prioritize making his truck payment and attending some out of state rodeos that month because his new girlfriend was a barrel racer.

So, check your citations and read all cited cases. Then enjoy the fact that AI speeds up some time-consuming tasks so you can focus on more important ones.

The Oklahoma Access to Justice Foundation has released a thought-provoking report on fee waivers in district court civil proceedings in our state. While I’m certain everyone in the foundation supported or assisted, I’d like to single out primary authors Emily Carr and Jacqueline Chin, University of Oklahoma law students who interned for the foundation this summer. This excellent report reflects a major commitment of time and effort.

The report has surprising and unsurprising findings. I think many lawyers will be surprised that there are such geographical variations in the application requirements within the state.

But the most important aspect may be that the report opens with a number of significant recommendations for change and some seem obvious and easy. Those seeking civil fee waivers are presumably those in desperate situations. So, they are first required to complete a pauper’s affidavit. (A form that may differ between counties.) I never really thought about that label as a young lawyer. It was just one of those archaic labels we used, like demurrer and replevin. But as this study indicates, many people don’t even know what the word “pauper” means and those who do understand what it means are often reluctant to attach that label to themselves.

There are many other observations and suggestions in the report. Even if a reader is not from Oklahoma, you may still find items of interest. Read or download Priced Out of Justice – An Examination of Civil Fee Waivers in Oklahoma District Courts. The report is over 50 pages in length. But before that triggers your TL;DR response, the authors begin with an excellent Executive Summary, so you can receive a lot of information by just reading 8 or 9 pages.

The September 2025 issue of ABA Law Practice Magazine has a finance theme. Mark Robertson and I wrote the lead story for it, Value Billing in an Age of Artificial Intelligence. Since AI specifically, and office automation tools generally, impact many aspects of the future of billing for legal services, I’m going to immodestly suggest that most lawyers should read this article– as well as the rest of LP Magazine’s Finance issue. Change is still ahead and sometimes a brief history on a subject can give one perspective. ABA members will need to log in and if you aren’t an ABA member and have already exhausted your free reads for this month, surely these is someone in the office hasn’t visited the ABA site this month.

Thanks so much to all of those who let us interview them for this piece– Kenton Brice, director of the Law Library and associate professor of law at the University of Oklahoma College of Law; Damien Riehl, vLex’s vice president, Solutions Champion and David Ries, of counsel in Clark Hill PLC’s Pittsburgh, Pennsylvania, office and chair of the Law Practice Division (LP) Ethics and Professionalism Committee.

Mark Robertson shares some case studies and data from his law practice that demonstrate how alternative billing systems work.

August 2007 ABA Journal

Utah and Arizona both passed ambitious programs to allow lawyers to participate in businesses with others not holding law licenses that delivered legal services to the public. Five years is good time to assess the results and the impact on Access to Justice, particularly where this Stanford study found that the states’ different approaches impacted the differing results. Bob Ambrogi’s post Five Years After Reform: Stanford Study Offers Comprehensive Look at Legal Innovation in Arizona and Utah is a great summary of the findings and links to the full report for those interested in a deep dive.

As those of you who follow this blog know by now, I have retired from my position with the Oklahoma Bar Association after 28 years.

Going forward, no one is responsible for my posts going forward but me. And, as my inner lawyer might observe, there most probably wasn’t any realistic responsibility before. You can cover a lot of legal tech and management tips without getting close to anything actionable, and it turns out a journalism undergraduate degree and a law degree are really good training for blogging.

Given the various challenges of social media platforms and the fact I have a number of subscribers on this blog despite my infrequent posting during the last year or so, this blog will now be my primary online posting platform. The majority of the future posts will be related to legal tech and law office management. I may occasionally post about senior citizens using today’s technology. Access to Justice will have an increased focus here because the current situation has truly become a national crisis that needs to be addressed.

Likely you will see more posts with a brief explanation why you should click on the link to someone else’s great content online. Part of my retirement is no longer reading the number of online articles and product reviews I have for years. But I’m sure I’ll still find a few nuggets of tech knowledge gold.

by Jim Calloway

OBA Management Assistance Program

(Originally published Oklahoma Bar Journal March 7, 1998 – Vol. 69; No. 10. Reprinted with permission.)

Note: I’m going to spend the next few days republishing some posts and articles that are difficult to locate and still have some value. I note that this article, originally published in 1998 when I had been on this job less than a year, does not even mention email. I did not update it. Hopefully I caught all the PDF to Word conversion errors. But all the lessons it contains are equally applicable to digital communications with clients today. I’m partial to this one as it was where I announced my formula for the four parts of a File Closing Letter, which is still important today. I kept several references to WordPerfect. Since the piece is so long, I did have ChatGPT create some retro graphics to accompany it.

Most lawyers find themselves in a constant search for new and better forms. We all understand that a good form library can save time and increase practice efficiency. Lawyers typically have outstanding form libraries for pleadings, contracts or other documents that they regularly produce.

Sometimes less thought is given to the forms that most directly affect our client’s perception of our representation--direct communication to the client. Effective use of templates, macros and other document assembly techniques can allow you to greatly improve communications with your client while at the same time streamlining operations and the time it takes to produce these letters.

This is not to suggest that all clients should be treated the same way or that the attorney client relationship can be handled by a series of form letters and documents. What is suggested is that there is a certain sameness to many of the things attorneys do each day. Automating these tasks leaves more time available for individualized attention to clients and their needs.

“Form” communication letters with the clients can be designed with few variables. These are perfect opportunities to create your first word processing templates. With a little thought and effort, a creative lawyer can determine where many “form letters” will assist in improving client communications. Use of a template allows one to create a “form letter” that looks like it was personally drafted for the client. Many lawyers experience the frustration of having to tell clients the same information repeatedly. This will always be a problem because many clients are under some degree of stress or emotional pain when they are initially discussing a case with their lawyer. Further, we all know that retention from orally material is never perfect. Clients are often dealing with unfamiliar terms and concepts. Good form letters can reinforce the advice or instructions given to the client and allow the client a handy reference guide when there is some confusion.

Some attorneys make use of an engagement letter when they begin a new matter for a client. Often, these engagement letters are really an attorney-client contract with a copy for the client to sign and send back. Certainly, every case should have a written fee agreement signed by the attorney and the client. But, an engagement letter can also be used to inform and educate the client about the subject matter of the case or the lawyer’s expectations. These letters can also be used to influence the client’s expectations as well.

For example, if you have a busy litigation practice and have difficulty returning client’s phones calls promptly, consider sending every client the following form letter at an early stage in the proceeding:

N. E. Lawyer
555 Courthouse Row
Oklahoma City, OK 73101
1-800-GOOD LAW
February 24, 1998
 
Mrs. Jane Doe
5555 Any Lane
Oklahoma City, OK 73112
 
Re: Doe v. Doe Case No. JFD-97-9990
 
Dear Mrs. Doe:
 I appreciate the confidence that you showed by retaining me as the attorney in your case and enjoyed meeting with you on February 1, 1998. I know that you will be completing the written questionnaire I gave you as soon as possible. As I advised you at that meeting, legal assistant Debi Garner has been assigned to be the legal assistant directly involved with your case.
 
The role of a legal assistant is very important in our office. As a litigator, I have many court appearances, depositions and other matters that require my personal attendance. I am therefore sometimes out of the office for days at a time. Sometimes this makes it difficult for me to promptly return my phone calls.
 
That is why I have assigned Debi to monitor your case. When you are unable to talk with me, you should feel free to discuss your concerns with Debi. She will normally be able to answer your questions or promptly get a message to me even though I may be otherwise involved.

Very truly yours,
N. E. Lawyer
NEL/dg Enclosures

This letter could be the same for every client with only the address, name and RE: clause differing.

Hopefully such an introductory letter and a good legal assistant can serve to avoid potential future communication problems. No form letter can shield against neglect of a client’s case. But, a client’s perception is an important factor. Many times the client could never conceive of the lawyer’s dilemma of receiving literally dozens of phone messages a day. This letter opens the door for the client effectively working with the legal assistant instead of refusing to talk to “just a secretary.”

In truth, the title of this article should have been “Form Letters You, Your Client and Your Malpractice Carrier Will Love.” Form letters can serve as a critical risk management tool. For example, when you are nearing (or past) a discovery deadline, you often cannot proceed without the client giving you certain information. The same could be true for an impending closing, statute of limitations, response to motion or any of hundreds of tasks to be completed. The client promises to have the needed material to you by a certain time. You make a handwritten notation in the file. If there is a later disaster, it could be your client’s word against yours backed up only by your handwritten note.

In that situation, we would probably all agree that a letter should go out to the client documenting the need for the documents.

Dear Client:
On February 27, 1998, we discussed your case. You agreed that you would provide to our office your state and federal tax returns for 1996 and 1997 by March 6, 1998. As we discussed, furnishing this material is very important and failure to provide this information could negatively impact your case. Please contact me immediately if you have any questions.
Sincerely,
Your Lawyer

A simple letter such as this not only protects the attorney but also serves as a helpful reminder to the client. It also protects against a misunderstanding such as the client believing only the federal tax returns were required. Yet all too often, these types of letters are not done because of many reasons. The lawyer may believe that the client will react negatively, especially if there is a charge for the letter. In many offices, by the time the letter is dictated, typed, proofread, signed, mailed and delivered, the deadline would have passed. Most of the time it just seems there is not time to do everything that could be done.

In the above letter, the only variables are what the client needs to provide (“your state and federal tax returns for 1996 and 1997”) and the deadline date the client has agreed to provide the information (“March 6, 1998”). All of the rest is a “form letter.”

(Of course, if your office cannot import the client’s name and mailing information into the form document, that must be typed as well.)

Whether this letter and dozens of similar form letters are completed and mailed is dependant on how quickly and easily they can be done. By simple use of macros, templates and other document assembly techniques, this form letter can be launched by a one or two keystroke combination. A data entry box will appear requesting the two variables. Even a non-typing lawyer can peck out the two entries (or six entries, if you add RE clause, name, address and city- state-zip). The letter is printed and signed while the lawyer is still talking to the client on the phone. Another key combination prints the envelope, using the address already on the letter. (Alt-R then V in WordPerfect) The client will be billed for the phone call, of course, but there is no need for an extra billing for a letter produced during the phone call.

The key is for one person in the office to become proficient at creating these templates, mapping the keyboard, recording or programming macros. Then that person installs the forms on everyone else’s computer. Two mouse clicks or one keystroke combination are all that are required to open a list of all the available templates in WordPerfect. One could go even further and program the keyboard so that a single key combination launches a template or macro. Then the lawyers merely must be given a “cheat sheet” listing the key combinations for the form letters: Alt-1 for the client materials deadline letter, Alt-2 For the nonpayment of bill letter, and so forth.

Most attorneys can easily think of a dozen form letters where this technique can easily be utilized. We already have the letters in our offices now.

“Our records show your last month’s statement was unpaid. Please …”

“Your deadline to respond to discovery passed on <date>. If we do not have…. “

“I have left phone messages with your office the last 3 days, but…. “

“I have had no response to my letter of….. “

But, except in unusual situations, 20 or less of these “instant form letters” might be all that would be required to handle most situations.

Efficient use of computers by attorneys involves making common sense decisions. When computers first started appearing on attorney’s desks, there was a strong reaction from some attorneys. “I’m a lawyer, not a secretary …. My secretary can type faster than me…. I can’t use a computer.” were among the common refrains. But, there many situations, where the variables in a document only number five or 10 words, sometimes five or 10 letters. In that case, even the worst typist can complete the project in less time than it takes to interrupt someone else to ask them to do it. It is the job of the most computer literate person in the office, often the legal assistant or secretary, to set up procedures and forms to allow this efficiency.

Another use of form letters is to give your client lengthy explanations, often reinforcing what they have previously been told personally by you in your office. With a word processing program, it is just as simple to send a three-page letter as a four sentence one if you are using a form. Again, the key to effectively utilizing these form letters is to have as few variables as possible. If you are not using templates, or an automated process and are filling in the blanks manually, then another key is to have all the variables in the first paragraph.

For instance, if your client has a court appearance, is it probably always a good policy to send a letter confirming the date, time and courtroom. But is there any other information that could be helpful to the client? There are often several generic instructions regarding proper attire, timeliness, and demeanor in the courtroom. Should the client bring friends or witnesses? Where should the client meet the attorney? Where is the best parking? Again, with a little creativity, the client can be given an extra measure of comfort and information. If you are worried that a more lengthy letter might cause the client to miss the court date information, put the court date in bold or even in a bigger font.

Should urban attorneys consider providing the clients a map to the courthouse? Well, if you practice in the county seat city of a total population of 6000, it probably is not useful. But if you live in an urban area and you and your staff spends any significant time giving directions to the courthouse, it may be a great idea. In private practice, our maps also included the law firm name, address, phone and practice areas. Some clients probably kept the maps longer than our business cards.

With family law cases, this can be particularly advantageous. If you always want your client to bring pay stubs and a tax return to the temporary order hearing, remind them. There are many things that should go without saying but cannot in a stressful divorce case. “Don’t initiate a conversation in the hall with your estranged spouse unless your spouse approaches you first. Don’t ever discuss what I tell you with your spouse. Don’t tell what we plan to do it court. It is fine and appropriate to discuss your child, their needs and scheduling with your spouse.”

Experienced family lawyers often give their clients pages of this material. Why not put it in a letter that looks more personalized? Perhaps the client will be more likely to read and absorb it.

File Closing Letters

One of the most important form letters that attorneys should use is a file closing letter. This form letter can be both an effective marketing and a risk management tool. Consider including the following areas in your form letter.

Point 1: This letter signifies that our attorney/client relationship on this matter is now concluded. Certainly “concluded” is a nicer sounding word that “terminated” with little legal difference. However, many lawyers have difficulty with using this type of language with a client. They hope that they will have an attorney/client relationship spanning the years and involving many matters and hopefully significant attorney’s fees. While to some it may seem controversial, we believe that it is fair that you give notice to your client that you believe that you have nothing further to do on a particular matter. It may be that you are in error and that there are some things that are still undone. This allows both you and the client the opportunity to correct the situation if this is the case. Furthermore, this represents a legal and appropriate method of limiting a lawyer’s liability for claims occurring after the date of the letter when a client may erroneously believe something that does not comport with the lawyer’s understanding.

Point 2: Does the client have to do anything further? Just as the attorney has set forth in the file closing letter that he or she does not believe any further services are required, it is also helpful to note if there are things that the client needs to do to protect the client’s rights. These days many clients attempt to take part of the workload themselves such as a probate case where orders are required to be filed in 15 different counties. It is important to outline things that the client has agreed to do that are not the attorney’s responsibility. Otherwise, years later there will be no record to support the attorney’s claim that he was not responsible for undertaking a certain action. It is not inappropriate at this time to note things that the client may consider doing, even if they involve future legal services by the attorney, such as drafting a new will, initiating a name change with social security, or other matters.

Point 3: File destruction policy. Does your law firm have a file destruction policy and how are your clients notified of that policy? For all too many attorneys, the file destruction policy is “The executor of my probate case will take care of it”. There is no better time to take care of this matter than right when the file is closed and no better way to do it than with a form letter. Five years after the file is closed is a typical time period. But within five years, the client may move out of state or die or otherwise be unavailable. Now while it is fresh on everyone’s mind, consider handling the situation by stating: “Our policy is to destroy old files after they have been in storage for five years. You will receive no further notification before destruction. If there are any original documents from the file that you have not already received back, please make arrangements to pick them up immediately.” This may seem a bit formal and that is why we suggest that this language not lead your file closing letter. But it beats trying to locate clients years down the road or paying to store every file that you have ever worked on forever. You can then confidently mark on every closed file box “Destroy after 1/1/2004.” If you want to tell your clients five years, but actually wait six years, that might be a prudent business move. The key is to decide on some date, not less than five years after file closing.

Point 4: This is your last chance to sell yourself. Many attorneys are uncomfortable with marketing themselves. But there is no better way for an attorney to get clients than through the referral from other satisfied clients. There is no better chance to remind satisfied clients of the many services you provide than in the file closing letter. If a client is less than satisfied, this may not be as effective. But even in that case you will never have another opportunity to at least attempt the effort. There are far worse statements to make than “I helped you once and would be willing to help you again.” Even the most simple statement can suffice. “We appreciated the opportunity to assist you with this legal matter. Our law firm also handles antitrust litigation, complex environmental matters and international law.” We, perhaps you do not handle such things, but you know what matters that you do handle. List all of your practice areas.

Most lawyers have decided that the law is so complex that they must limit their practices to certain areas. Once result of that may be that a certain repetitiveness and lack of creativity creeps into the practice. Having four new bankruptcy client interviews in an afternoon may be a positive monetary experience, but also may not be as intellectually stimulating and interesting as having four new client interviews in four different areas of law. We all find ourselves saying the same thing over and over again to different clients. Maybe some of the techniques and ideas contained here will at least free us from telling the same thing over and over again to the same client. Most of our clients will no doubt appreciate the additional information as well.

I close with a few suggestions for you to begin drafting your own form letters to clients.

Payment of attorney’s fees by third party

This notice is given to you because you are paying a fee for one of my clients. Both my client and I appreciate your assistance in their hour of need. However, because there could be some confusion about this arrangement, I wanted to make several items clear in advance.

  1. Once these funds are transferred to me for the use and benefit of my client, then the source of the funds is no longer relevant. Their disposition and use will be controlled by the signed attorney client agreement and the directions of my client.
  2. Any refunds of fees paid will be made to my client.
  3. All decisions regarding handling of this matter will be made exclusively by my client in consultation with me.
  4. If you need information about the status of this matter, you will need to obtain that from my client, not directly from me.
  5. The attorney-client privilege is a critical important protection. Having a third party in the room when confidential and privileged matters are discussed could destroy the attorney- client privilege. Therefore there will be many times when I am required to meet with my client alone, or only with my staff.
  6. Absent unusual circumstances, I would only meet with you to discuss the pending matter with the agreement of my client and in the presence of my client.

Please do not take the direct tone of this document as disrespectful or an attempt to minimize your important role in my client’s life. This is all done to protect the client and to make certain that they receive appropriate representation.

Joe Carefullawyer

Receipt of this document is acknowledged on this           day of                       , 20            .

Thirty Day Letter

Dear

In reviewing our accounts receivables I noticed that we have not received your payment in the amount of $                      for invoice #                , dated                                     .

I am sure this is just an oversight on your part. If, however, you have a problem with the service we have provided, please contact me immediately so we can discuss the matter.

If I do not hear from you I will assume that you have no difficulty with the service or with paying the invoice and will look for payment by (Date).

Sincerely yours,

Solo Law Firm

Sixty Day Letter

Dear

It has been thirty days since my last letter and we have not heard from you regarding payment.

According to our fee agreement, all invoices must be paid within 30 days of receipt of the invoice. If we are to continue to provide you with a high level of service, it is critical that our invoices are paid timely.

Please contact me immediately if you have any problems with the payment of this invoice. If I do not hear from you, we will expect full payment by (Date.)

Sincerely yours,

Solo Law Firm

Ninety Day Letter

Dear

I have not had any response to either of my letters requesting payment of the past due invoice

#                            in the amount of $                                                        . I regret that I am at the point where I cannot extend any further time to you for the payment of this invoice.

Effective immediately, we will be unable to perform any further work on this matter until the invoice is paid in full. (Optional: We will begin now to prepare a motion to withdraw as your counsel to be presented to the court.)

Please contact me so that we may resolve this matter.

Sincerely yours,

Solo Law Firm

Letter After Client Promises (Some) Payment

Dear

Per our discussion on (Date) you have agreed to pay $                          on invoice #              by (Date). We know that you will live up to this agreement.

If there are ever any problems or difficulties with payments or invoices, please contact us immediately so that we can resolve the matter quickly. We want to assist you in every way possible and we are here to answer any questions you may have about our policy and procedures.

We look forward to a continued good working relationship.

Sincerely yours,

Solo Law Firm

Letter After Client Promises (Some) Payment and Does Not Send Payment

Dear

Although you had promised to send payment in the amount of $                                      by (Date) we have not received any payment.

I regret that I am at the point where I cannot extend any further time to you for the payment of this invoice.

Effective immediately, we will be unable to perform any further work on this matter until the invoice is paid in full.

Please contact me immediately so that we may resolve this matter.

Sincerely yours,

Solo Law Firm

After a lengthy hiatus, I am returning to posting on my blog, Jim Calloway’s Law Practice Tips.

Part of the reason I will be returning to blogging is that I am retiring from my position as Director of the Oklahoma Bar Association Management Assistance Program after 28 years of giving technology and practice management advice to lawyers. The blog will have a slightly different focus in the future. I’ll let you know when I finalize those plans. But if you found the posts useful or interesting before, you will still find things of interest going forward.

I was encouraged to write a goodbye piece to our members in the Oklahoma Bar Journal. I tracked a lot of the technology changes that impacted the legal community during my time. I hope you find it interesting.

https://www.okbar.org/lpt_articles/a-few-final-words-from-your-practice-management-advisor/

Have you ever received an email that required your attention, but you didn’t have time to deal with it right away?

Maybe it was a project update, a client request, or a feedback form. You probably thought, “I’ll get back to this later,” and moved on to other tasks. But then, hours or days later, you realized that you forgot to reply to that important email, and now you’re in trouble. You missed a deadline, lost an opportunity, or disappointed someone. How can you avoid this scenario and make sure you always respond to the emails that matter most?

One simple way to do this is to use a pin to place an email at the top of your inbox. A pin is a small icon that you can click on to mark an email as important and keep it at the top of your inbox, regardless of the date or time it was sent. This way, you can easily see which emails need your attention and prioritize them accordingly. You can also unpin an email once you have responded to it or completed the action it required. This will help you clear your inbox and keep track of your progress.

How to pin or unpin an email in Outlook

The pin feature is available in both the New Outlook and the online version of Outlook. To pin an email, you can hover over the pin icon next to the sender’s name and click on it. The email will move to the pinned section at the top of your inbox. To unpin an email, you can hover over the pin icon again and click on it. The email will move back to its original position in your inbox. You can also pin or unpin an email by selecting it and clicking on the pin icon in the toolbar. The pin feature is not available in Classic Outlook at this time. But we have seen some classic features restored to the new Outlook.

Microsoft Help file https://support.microsoft.com/en-us/office/flag-or-pin-a-message-in-outlook-com-8e911e69-30d6-4cc8-8c71-a1163560618a

By Jim Calloway

Lawyers have held and safeguarded client data for generations. Of course, in the past, it wasn’t called data. Our data was in paper client files, forms to “go by” and brief banks.

While it wasn’t planned this way in advance, my most recent Law Practice Tips columns blend as a series. In the January 2024 Oklahoma Bar Journal, the subject was “Automated Document Assembly is Easy, Right?” The February 2024 column was “A Time of Great Change Caused by Artificial Intelligence Developments.” If the connection with these three topics isn’t readily apparent to you, that is understandable. But to adopt automated document assembly, you must have your data in a usable, digital format. Otherwise, the best automation you can accomplish is “fill in the blank” or “copy and paste.”

We are moving to a time when many of us will employ artificial intelligence “assistants” to expedite task management. The primary way that it will operate is by “reading” your documents and emails. This will be relatively simple and largely risk-free, as the AI assistant will access the content stored on your computer – if it can!

I’ve attended several conferences and presentations focusing on AI. A main point that everybody is convinced of is that it is now time to make certain your data is well organized. This not only allows other law firm employees to access it easily, but it will also be more accessible when you want to access it with AI tools.

For solo and small firm lawyers, practice management software systems may be the best way for them to organize their information. As I’ve noted before, OBA Practice Management Advisor Julie Bays will assist Oklahoma lawyers by answering questions or providing brief demonstrations to help in making your practice management software subscribing decision. Some larger law firms may opt for more powerful full-featured document management systems, which can be set up to track different versions of a document.

In some ways, your practice management software is like romance and marriage. In the early stages, it is fun. Exiting the relationship early on is relatively simple. But later, it becomes more like marriage – you can get out of it, but it’s often not easy or cheap. Transferring data from one system to another can sometimes be challenging. Plus, there is the matter of everyone retraining on the new system. So invest some time in this important decision if it has not been made for your firm or if you are considering a change.

FILE NAMING AND STORAGE POLICIES

Everyone in a law firm needs to understand how to name the new documents they are creating and how the documents should be stored. It is too inefficient for different lawyers to have different systems. If a staff member is absent, it is easier to cover if the documents are named and filed in the same system as the rest of the firm. Generally speaking, a good file name will include the client or matter name, something about what type of document it is (e.g. Decree or Motion for Summary Judgment) and some numbers relating to the date of first creation. Hopefully, combining these three elements will eliminate duplicate file names.

The firm must also have a policy on how documents are stored. Those using practice management software systems will have that dictated for you. But if you are storing everything in Windows file management folders, make certain it is a drive and folder that is secure and frequently backed up. Microsoft OneDrive is a good example and is provided as a part of your Microsoft 365 subscription. There are other options in the marketplace, of course.

No matter how well organized and well trained those who work in a law firm are, there will be some mistakes. And if you are searching for a misfiled document, one easy way to do it is by searching the computer for a unique word or phrase that appears in the misplaced document. To accomplish that, the document must be searchable.

SEARCHABLE PDF FILES

When I receive a PDF from someone that I’m going to use later, I want to make certain it is searchable. As almost every lawyer understands now, a PDF can be made searchable by applying optical character recognition (OCR) to make it searchable. I usually do that at an initial stage so that I can easily find it, but a growing reason now to make certain that these documents are searchable is so your AI assistant can have access to them.

If you have a sophisticated scanner, it may be possible to set the default settings to OCR everything. While that may make the scanning process a bit slower on occasion, it means the scanner will produce searchable documents, which is well worth it, in my opinion.

All documents (except Excel spreadsheets) should be stored in PDF format. These are your digital file copies. Opening documents in Word creates the possibility of accidentally editing the documents. If you want to keep Word documents in the file so they can be used if an amended document is required, that is a fine idea. But I suggest you create a folder titled “Word Documents” in the digital client file to store these to prevent confusion.

Documents have a life cycle, and the firm should decide on a closed file destruction policy. The date of destruction need not be set until the client file is closed. I favor some file destruction policy for most types of documents, but a recent conversation with an intellectual property lawyer who does patents reminded me that there are certain types of law practices that may actually have a good reason to maintain client files for an extended period of time, maybe even permanently.

CLOSED FILES

Frequently, I hear from law firms wanting to scan and then destroy old, closed client files that pack storage rooms. Sadly, I usually advise caution. First, it will cost a lot of money and time to do this. It is also very possible that the result will not be perfect. Automated document feeders work very well today, but there is still the possibility they will skip a page now and then. Those of us in the legal profession will be concerned that the missing page will contain critical information – even though the closed file may not have been opened for years. Finally, you will be paying workers to do much time-consuming work, removing staples and brads and fixing dog-eared pages to prepare for scanning.

The best plan is to make certain you are properly creating and storing documents going forward. There may come a time when you believe you will need some content from closed files to better inform your AI assistant. But that will mainly be completed documents and legal memos that are harvested from the closed file as opposed to scanning the entire file.

If you are going to be using documents from closed files as forms, then it is a wise and ethical decision to remove people and company names and replace them with simple placeholders like a few letters.

You may not be ready to jump on the AI bandwagon today. But making sure your client data is well organized and easily searchable will provide other benefits.

Originally published in the Oklahoma Bar Journal — March, 2024 — Vol. 95, No. 3

Judge Scott Schlegel from Louisiana was a speaker at the 2023 Oklahoma Access to Justice Summit. Last year, I noted his conviction that both courts and law firms should embrace text message reminders to reduce failure-to-appear issues. Lawyers want to make certain their clients, especially potential new clients, do not miss their scheduled appointments as well as any court appearances.

“Embracing AI in the Legal Sphere: A Necessity, Not a Choice,” was the title of Judge Schlegel’s recent post on his Substack account. He explains the inevitability of AI adoption quite well:

If there was any lingering doubt about the pervasive role of AI and generative technologies in our professional lives, Microsoft’s recent move to integrate an AI button into their keyboards should dispel it. This is not just a fleeting trend; it’s a clear signal of a future where generative AI is seamlessly woven into nearly every product we use, especially in the practice of law.

As lawyers and judges, the temptation to view AI as a distant, abstract concept may be strong. However, it’s crucial to acknowledge that AI is not just a passing fad. We must recognize that the genie is out of the bottle and that AI will reshape the landscape of numerous industries, including our own, over the next few years. Microsoft’s addition of an AI button to its keyboard is a testament to the increasing integration of AI in everyday tools, heralding a future where AI’s presence is ubiquitous.

For the legal profession, this evolution brings both challenges and opportunities. The shift towards AI-enhanced tools is not just about adopting new technologies; it’s about fundamentally rethinking how we approach our work. AI has the potential to make the justice system more efficient, effective, and accessible, but it requires us to be proactive learners so we can understand its capabilities and limitations. We cannot bury our heads in the sand.

Anyone interested in how technology can be used in the judicial system should subscribe to Judge Schlegel’s Substack account to receive his posts by email. Despite the well-publicized ethical issues by lawyers who used AI to draft briefs without attempting to read the cases it quoted (which did not exist), AI will reshape many things in society, including the legal profession and the legal system.

MORE CHANGE AHEAD

Why are so many predicting great change for the legal profession and legal systems because of this particular technological advance? We’ve survived the advent of many new technology tools, from faxing to the internet and email. Simply put, these new AI tools do what lawyers do. They receive input in a conversational format and give output in well-written, persuasive text. Certainly, AI does not just impact lawyers. Do you know how many internal corporate memos are completed and communicated each day? I don’t either. But most of these memos are drafted by humans, and that will not be the case in a relatively short period of time. Knowledgeable employees will not lose their jobs. Someone will be needed to proofread the AI’s work product. I would estimate I could proofread and revise 10 memos in the time it takes to draft one or two. So someone’s employment will be ultimately endangered. But, in many situations, AI usage will just allow workers to shift their focus to more high-level work and reduce time spent on the more mundane.

Memos that are just reports based on information in the company’s system will be the first to be automated with no human review.

The flood of new AI tools over the past year is very impressive. But adopting new technologies is a process that does take some time. Famed legal futurist Richard Susskind has opined that we are probably overestimating the short-term impact of AI while underestimating the long-term impact.

These changes will be stressful and challenging. Change management is challenging, especially for those who have been doing things in a similar manner for years. But there is simply no avoiding the changes caused by AI adoption in the legal profession.

AI ROUNDTABLE DISCUSSION IS NOW AVAILABLE

In December 2023, I hosted a video roundtable on the ethical challenges of using generative AI in the legal field for the ABA Legal Technology Resource Center. The panel featured four experts: Damien Riehl, Ivy B. Grey, Jayne Reardon and Kenton Brice. We discussed the evolution and impact of AI on the legal profession, the benefits and limitations of AI tools, the ethical implications and regulations of AI and the integration of AI in law schools. The roundtable was summarized by Zoom’s AI companion, which demonstrates the potential of AI. You can watch the video and read the summary on Law Technology Today, which is outside of the ABA members-only paywall.

MICROSOFT RELEASES COPILOT FOR THE REST OF US

If you are ready to subscribe to a powerful AI tool, Microsoft made a mid-January announcement that Copilot was available for the rest of us to subscribe. The 300-seat requirement for firms has now been dropped, and individuals can now subscribe. The Verge broke the story and reminded us there are three versions of Copilot:

Microsoft now has three different versions of Copilot. There’s the regular Copilot that’s available free of charge to both consumers and businesses, which is essentially a chatbot much like ChatGPT. Then, there’s the new Copilot Pro option that’s launching for consumers today for a $20 per month premium, offering AI-powered Copilot features inside Office apps and elsewhere. Microsoft now also offers the same premium subscription with more features to businesses in the form of Copilot for Microsoft 365 at $30 per user per month pricing.

Since this just launched at the deadline for bar journal submission, I don’t have all the details available, but the pricing seems to depend on your Microsoft 365 plan, with home users paying $20 per month for fewer features than the $30 version offered to business package subscribers. Using AI to quickly create PowerPoints from text will be a popular feature. For those of us who don’t have graphic design skills, creating graphics from text will be useful as well, even if you mainly use this for personal projects.

OTHER AI DEVELOPMENTS

LexisNexis is now offering Lexis+ AI, touting the service as “the fastest legal generative AI with conversational search, drafting, summarization, document analysis and linked hallucination-free legal citations.” Currently, a free trial is available.

Thomson Reuters has announced Westlaw Precision now includes generative AI. The company notes, “Simply ask a question in everyday language and get a relevant answer with links to trusted Westlaw authority in moments.” A free trial is available.

Microsoft Bing now offers a very useful AI-powered tool with Bing Chat. It is free, easy to use and quite powerful. For example, some questions it suggests include “Give me a list of new hobbies I could pursue with limited free time,” and “What should I pack for a 10-day trip in a mountainous region?” If you haven’t tried AI yet, Bing Chat would be a good starting place. It is powered by GPT-4, which is an improved version of ChatGPT. This new Bing chatbot is the only way to access GPT-4 for free, according to the company. For more information see the post, “Access ChatGPT 4 Using Bing AI with Ease.”

Microsoft Copilot chatbot is accessed via the Microsoft Edge browser.

Bard is Google’s entry into the browser-based AI category. It is free. I asked Bard which features distinguished it from other AI tools. The response included: “Focus on factuality and grounding in the real world, emphasis on safety and responsible AI, multilingual capabilities and the ability to generate texts in many creative formats such as poems, code, scripts, musical pieces, email and letters.”

We first saw ClearBrief at ABA TECHSHOW 2022. ClearBrief is a Word add-on for checking your brief (or opposing counsel’s) for misstating the facts or law. It also is used to easily assemble a table of authorities. But it has since been improved and can now integrate facts from discovery or other documents right into the first draft of your brief. Subscriptions start at $125 per month per user.

Spellbook is an AI contract drafting software that has been trained on thousands of business contracts as well as other data. I would encourage you to watch the four-minute video at www.spellbook.legal. I believe that in a few short years, it is possible most contracts will be drafted using AI contract drafting tools.

Copy.ai is not for legal writing. But it is a great tool for writing for an audience, whether it is a blog post or website copy. The free version is limited to writing 2,000 words per month. The pro version is $36 per month for up to five users and has priority tech support.

The above list is far from comprehensive, and new AI developments seem to be announced almost daily.

Other types of AI tools will have wide-ranging impacts.

Volkswagen is adding ChatGPT into their new cars to allow drivers to have conversations with their cars. The second quarter of 2024 is when they are expected to be available. “Sorry, officer, I was distracted by an in-depth discussion with my car.”

Augmental is developing tongue-controlled mouse pads that users wear inside their mouths. This will likely be a major development for those with disabilities.

CONCLUSION

I have shared several AI tools that a lawyer may use. Readers likely will not have time to preview all of these tools, so pick one or two to give a test drive. More variations will continue to appear.

If you haven’t settled on an AI tool yet, you are encouraged to consider Microsoft Copilot. While an additional $360 per year is not a small investment, the number of ways it can be used is impressive. Having a database of all the documents the firm or lawyer has created for the AI to use is powerful. But the PowerPoint and graphics creation tools are also something that many lawyers may use as well.

Originally published in the Oklahoma Bar Journal — February, 2024 — Vol. 95, No. 2