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Stop the Bells & Whistles So I Can Work!
by Douglas G. Kaminski

How many people out there feel overwhelmed by technology? The truth is most of us do! Though the impact of technology has been positive overall, the funny thing is that not everyone welcomes it with open arms. In some respects, we've even developed into a society of technology "have's" and "have-not's".

Whether we're talking about the acceptance of technological change in our everyday life or in the legal industry specifically, the answer to this dilemma lies in our own point of view and how we deal with change. By understanding these factors and what we can do about it, we can make the most of the inevitable changes and see real progress using the new technology.

The first step comes in understanding the nature of change and why people react differently. A long time ago, many students were required to read the book Future Shock by Alvin Toffler. Though it was just another assignment then (in the early 70's!), Toffler's insights have significant relevance today. While the details are a bit boring, the main thrust of the book is that the rate of technological change and our ability to deal with it, our "change resources", move at different speeds.

Basically, technological change builds on its previous changes; like compound interest, it grows exponentially. Our ability to deal with that change only grows at a constant rate. In the recent past, experts say about 6 or 7 years ago, we passed the point where those two lines intersect and the rate of technological change has passed up our ability to cope with it. So you can see why so many people feel overwhelmed and resist change!

Some researchers have taken Toffler's work and applied it to the adaptation of change with the workplace. What came out of this was the "Rule of Thirds". According to the Rule, in any given industry, there are usually three groups of people: one-third who embrace change and adapts, one-third that is neutral and usually polarizes to the dominant culture, and the last third that resist change either passively or actively. By understanding the players in your technology equation, you can effect change more harmoniously.

What's on the Horizon?

The next step is understanding where the legal industry is and where it is heading. You may be reading this and thinking, "I send e-mail! Our firm has a Web site! What's this all about??!!", but read on. This may surprise some of you, but the legal industry generally resists change and tends to be risk aversive. On an individual basis, there are many legal professionals who embrace the new technologies. However, there aren't enough of you out there to convert the ones who don't.

Here's a perfect illustration of the gap that exists between the legal industry and the world at large. Company C, a corporation in the hospitality industry, outfitted their entire operation with state-of-the-art Pentium PCs, complete with sound cards, voice recognition software, and microphones in 1995. Their outside counsel, an old, highly respected firm, was still agonizing over replacing their Wang word processing system in 1997! Though this sounds extreme, it's a good indication that a disconnect exists.

What are the real world effects of this disconnect? Technology is a tool that enables smaller firms to do the work of bigger firms, if they adopt processes that make use of technology. To continue the story above, Company C awarded a good portion of their legal work to a firm only a fraction of the size of their traditional counsel. Why? The smaller firm could provide them with electronic billing and sharing of case files via secure Internet connection. It will probably take the older firm a while to catch up and even longer to regain the business that was lost. Bar journals are full of stories like this; a chronicle of law firm "natural selection".

Even firms that utilize technology can fall into this trap of complacency. Here's another real world example. A large firm was contacted by one of their clients to help find the assets of a customer who had refused to pay a seven figure balance due. To keep costs at a minimum for their client, the firm had put some of their summer associates on the research. After two days of using conventional online databases, they were getting nowhere. The paralegal manager knew there were 24 states that allow free searching of their UCC databases on the Internet and the customer's state was one of them. Less than 30 minutes later, she had uncovered a large number of assets that were previously undisclosed, cross-indexed under the spouse's name, and other information that enabled local counsel to start proceedings for their client that day. So are more bells and whistles better? Not usually. But firms that have recognized the role technology can play in creating and sustaining advantages are better equipped to survive.

The future of the legal industry will see growth in four major areas: Internet/intranet/extranet computing, videoconferencing/multimedia, personal imaging, and speech recognition. Of these four areas, the extension of the firm's capabilities via intranet/extranet computing is the most critical. Why is this so important? Of all the areas listed above, only Internet-based technologies will provide real gains in productivity and changes in workflow cycle times. The others will just enable firms to do what they've always done, the way they've always done it, only with more bells and whistles. There will be some savings in travel costs, some reduction in transcription errors, and smaller file rooms, but most of this will be outweighed by up-front investment and learning curve costs.

Evolving the Analog Attorney

To take advantage of the savings offered by new technology, we need to change more than just our hardware and software. We need to modify the way we view our technology tools and their role in improving our work processes; this is the last step. Here are some guidelines to help you:

#1 Remember WIIFM! This is everyone's favorite radio station...What's In It For Me? When selling technology internally, keep in mind what motivates each individual to gain acceptance faster.

#2 Ask the Critical Questions. Not all new technology needs to be adopted. Play devil's advocate to decide if a task needs to be automated: "Is this task routine and predictable? Does it require storing and manipulating large amounts of data? Would the information be more valuable if more people could access it?" If you answer "yes" to questions like these, your task is a good candidate for technology. If not, the costs may not exceed the benefit.

#3 Cast Your Plans in Jell-O. It sounds strange, but flexibility is one of the keys to a solid future. This has been the blind spot of many in the legal industry; proceeding along with plans though the factors have changed and made the plan less effective. Learn to make rapid change your best friend.

There are many other techniques that can be used to break the old, analog thinking patterns. By evolving our perspective on technology, and understanding where we want to go with it, we can adapt to the new digital reality and shape the future of the legal industry.

Douglas G. Kaminski is Legal Market Manager in the Midwest for CSC/United States Corporation Company, a 100 year-old public records and registered agent company with offices nationwide. He can be reached at dkaminsk@cscinfo.com.

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