A presentation by Andrew Legrand and John Mayer at the 2016 ABA Techshow. Learn how to systematize automation, which documents you should automate, and which software will help you create automated documents and snippets of text.
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John Mayer
Executive Director - CALI (Center for Computer
Assisted Legal Instruction)
Developed A2J Author
Automated Over 1,000 Legal Aid Forms
Not a Lawyer, Computer Nerd
Inspiration: Huge need for legal aid, not enough
lawyers, and help for the self represented
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What is automation?
au揃to揃ma揃tion - noun - the use of largely
automatic equipment in a system of
manufacturing or other production process.
The use of computers & software to do
tedious, but necessary, tasks usually
done by non-attorney employees,
secretaries paralegals.
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Main Goal of Automation
Help lawyers create better documents
faster, by supplying intelligence in the
form of built-in document structure, logic,
and clauses generated from a checklist
Calculators
Produce consistent decisions
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Why Should Lawyers Systemize?
Speed & Efficiency: save time by inserting text
faster
Cost savings: saving time usually lowers
overhead
Profit: spend less time on low value, commoditized
processes, which allows more time for high-value
work (that you charge more for!)
Reliability: automated processes create perfect
output every time
Reduce Stress. Let machines do the mundane
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Key Points
≒We are built for novelty and excitement, not for careful
attention to detail.
≒You want people to make sure to get the stupid stuff right.
≒Checklists provide a kind of cognitive net. They catch
mental flaws inherent in all of us flaws of memory, and
attention, and thoroughness.
≒Trained, hard-working, dedicated professionals regularly
and frequently make avoidable mistakes. The solution may
seem ridiculous in its simplicity
Use a checklist!
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The Process
1. Breakdown long, multi-step processes
into smaller steps (using pen & paper)
2. Create a process tree (using pen &
paper)
3. Record comments (i.e., citations, cases
names, statutes) and changes to the
document in place where others can easily
access, anytime (e.g. cloud)
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Store the Process
Google Docs: Free, robust commenting and
version tracking
Google Sites: An internal Wiki for your team
SweetProcess: online repository for
common processes, easy to capture
screenshots
URL: bit.ly/SweetProcess
MindMaps: Plenty of Software Options
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What kind of documents should
lawyers automate?
Pleadings: appellate briefs, & district court
filings, affidavits
Form contracts: estate planning docs,
business formation docs
Internal Docs: engagement letters, tax forms,
employee docs, trial and deposition prep
Client letters: common advise that changes
based on circumstances
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Before we Start
Some Key Observations
Yes, creating the system is front-loaded, in
terms of effort, time, and cost
Once built, however, it's 95% self managed
(only 5% effort in tweaking)
Dont obsess about perfection; just start by
keeping track of drafts (and then fine-tuning
them).
Periodic Audit
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Analyze the Structure
What is the documents logic?
What are the commonly encountered
variables?
Other factors that need to be considered in
drafting the document? (Formatting, Style,
etc)
(Figure this out with pen &
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BOLD AND ALL CAPS
as told by Butterick
DONT CAPITALIZE WHOLE PARAGRAPHS. THIS HABIT IS
ENDEMIC TO LAWYERS, BUT ITS ESPECIALLY COMMON IN
CONTRACTS. MANY LAYERS SEEM TO THINK THAT
CAPITALIZATION COMMUNICATES AUTHORITY AND
IMPORTANCE. HEY, LOOK HERE, IM A LAWYER! I DEMAND
THAT YOU PAY ATTENTION TO THIS! BUT A PARAGRAPH
SET IN ALL CAPS IS VERY HARD TO READ. AND ITS EVEN
HARDER TO READ IF ITS BOLD. AS THE PARAGRAPH
WEARS ON, READERS FATIGUE. INTEREST WANES. HOW
ABOUT YOU? DO YOU ENJOY READING THIS? I DOUBT IT.
BUT I REGULARLY SEE CAPITALIZED PARAGRAPHS IN
LEGAL DOCUMENTS THAT ARE MUCH LONGER THAN
THIS. DO YOUR READERS A FAVOR. STOP CAPITALIZING
WHOLE PARAGRAPHS.
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Consider style
Who is the document being written for?
Draft accordingly.
Eliminate unnecessary legalese
WriteClearly.org (for Lawyers)
Readability-Score.com (aim for an 8th
grade Level)
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Keep the System Updated
Create a change log
What changed?
Who changed it?
Why was it changed?
Listen to Lawyerist podcast with Barron
Henley for more info
(The 5% you have to keep
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1. Formatting
1. Microsoft Word Styles: more than fonts;
includes auto-numbering
2. Create a Style Sheet for each doc type
3. Read Typography for Lawyers (Matthew
Butterick)
4. Get training on use of Styles
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More Suggestions
1. Briefs: learn to create a Table of
Authorities & Cross-References
2. Contracts: learn to create Table of
Contents
3. Print to PDF: with document structure &
bookmarks will auto-generate
4. Get training on these skills - lynda.com
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2. Structure & Logic
TheFormTool: simple, easy
URL: bit.ly/FormTool
TheFormTool - Free
FormToolPro
$89 one-time license
Doxsera
Form Sets - $129/year
PC Only
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What does Andrew use most often?
Email Address
Your fax number
Firm name
Address
EIN (and a dropbox link to my W-9)
Email Signature
Louisiana Secretary of State
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Common, Default Advice
I've received this question so many times that I've created a default answer: pay it
and avoid any additional penalties. The ticket is a non-moving violation, so it will
not be reported to your insurance company.
You can try to challenge it, but based on discussions with other attorneys, you'll
probably lose and have to pay the fine anyway. You can also appeal that decision
to Civil District Court, but the filing fee is about $400. And on the off chance that
you win, you still won't get that filing fee back. So unless you want to just fight the
good fight, that's not a financially viable option.
If you do not pay the fee, the city may boot your car, then add on extra penalties.
Eventually, they'll send it to collections, and it could even affect your credit. If
you've received more than one ticket, I recommend you contact the city attorney
and attempt to negotiate a lower payment.
Yeah, that sucks. The most effective thing you can do? Write your city council
member (http://www.nolacitycouncil.com/) and complain.