In most law offices, newly generated documents are created from pre-existing documents drafted for previous clients or cases. A suitable document is found, saved as a new file name, and modified as necessary to work for the current client or case. In contrast to alternative methods such as document automation, repurposing old Word documents for new ones is a slower process and increases the likelihood of error during drafting. This manual method can result in leaving language that should have been removed or omitting important language that should have been included. This introduces an unnecessary margin for error to the drafting process.
Digital Baggage
Recycled Word documents also collect digital baggage over time, and this makes them harder to format and work with (as anyone who has tried to edit an old Word document knows). If the document you started with was negotiated with opposing counsel, you probably had to make some compromises to arrive at a document both sides were willing to sign. Unless you can remember and reverse all of those compromises, each one poses a threat to your current client. Even if you’ve gone through the trouble of creating templates to use as precedents, it’s still a slow process of manually filling in blanks, deleting irrelevant clauses, and customizing language.
Advantages of Automated Document Creation
By contrast, automated document creation is the process of using software to rapidly generate new documents based on predefined templates and rules. It differs from traditional Word document precedents in that it’s more efficient, exponentially faster, and reduces or eliminates clerical errors.
At its core, practice management tools equipped with document automation software allow you to take all of the decisions you make when drafting complex documents and build them into an interactive, dynamic on-screen questionnaire. Every branch of your decision tree can be encapsulated into the interview, and you control the design, flow, and phrasing of the questions or prompts that drive the questionnaire. Once you answer the questions you’ve set up with the software, it generates your documents in a matter of seconds – completely customized down to the letter for your current client, case, or set of facts.
A key point here is that it’s producing your documents. Although a few commercial drafting systems certainly exist that provide the content, in this case, you’re automating your own documents. As such, you don’t have to accept someone else’s language, formatting, and structure.
Potential Drawbacks and How to Overcome Them
While this technology is impressive, there are hurdles you must overcome to get a document automation project across the finish line.
First, you have to learn how to automate your documents using the tools provided by the document automation platform. If you only need to fill in blanks, it’s pretty easy to get that down in a few minutes. However, if your documents contain lists (grantors, grantees, buyers, sellers, testators, fiduciaries, beneficiaries, specific bequests, etc.), you need to calculate dates, text or numbers based upon inputs, and/or you have optional text/clauses that only come in under certain circumstances, the process gets more complicated. If you have a background in programming, you’ll likely pick up advanced techniques quickly. If not, it can be more challenging. It takes time and practice to learn any document automation platform’s more advanced functionality.
Second, building and automating templates is time-consuming – likely far more time-consuming than you may think. This fact alone has torpedoed many automation projects because they were simply never finished.
Third, your underlying templates have to be set up correctly from a Microsoft Word architectural perspective or you’ll have loads of formatting glitches in the resulting documents. To achieve this, you need to have a thorough knowledge of Word’s styles functionality, set up multi-level automatic paragraph numbering schemes correctly, and utilize advanced paragraph formatting features like “keep with next”, “keep lines together”, automatic paragraph spacing, and cross-references that automatically update. Unfortunately, most legal users (and even people whose job it is to word process) barely scratch the surface of Word and mostly use it like a typewriter. You’ll have to get far beyond that level of functional usage if you want to create flawless automated templates.
If you plan to create a document automation project by yourself, it is recommended to allocate a consistent amount of time each week to learn about Word’s advanced functionality and be patient while you’re learning; otherwise, you can hire a professional to build the project for you.
Moving from Word Document Precedents to Automated Document Creation
I’m often asked what kinds of documents are most suitable for automation.
The short answer is that you’ll get the fastest return on investment by automating those documents you produce most often and are also the most time-consuming to generate.
However, if you’re learning how to automate your own documents, you should not start with those documents because you need to learn how to use the platform first. Otherwise, you risk drowning while learning to swim.
Start with simple documents until you familiarize yourself with the automation tool. However, keep your eyes on the prize and work toward automating the complex documents that will ultimately pay for the project.
Humans generally dislike change even if the current situation is problematic. Further, some may worry they will be automated out of a job. As such, it’s normal to experience some resistance from colleagues. Through my 27 years of experience in aiding legal practices to automate, I have witnessed an increase in productivity as automation enables firms to handle more work without needing additional staff. In many cases, this has allowed law firms to manage their drafting projects efficiently and to stay up-to-date with their workload.
Finally, automating drafting often allows a firm to safely adopt flat fee pricing because there’s no longer a risk that generating the documents will take much longer than anticipated. Automating processes for which a flat fee is charged will positively impact profitability; and in most offices, higher profitability benefits everyone. But ultimately, it’s just a new way of performing a routine task which is much faster, easier on all parties, and more accurate.
Choosing the Right Document Automation Software
When selecting a document automation software for your law firm, there are several factors you should consider: ease of use, integration with other systems, compatibility with file formats, and cost. Additionally, it is essential to find a software provider that offers quality technical support and can troubleshoot any issues that may arise.
CARET Legal provides document automation capabilities that are customized to meet the specific needs of law firms. With a focus on efficiency, CARET Legal automates document creation and enables remote collaboration to streamline the legal process.
Written by CARET Legal partner, Barron K. Henley, Esq. Barron is one of the founding partners of Affinity Consulting Group, a legal technology consulting firm focused on automating and streamlining law firms and legal departments. He earned his B.S./B.A. (marketing and economics) and J.D. from The Ohio State University and is a member of the American, Ohio and Columbus Bar Associations, and the Worthington Estate Planning Council. He is a Fellow of the College of Law Practice Management, a Fellow of the American Bar Foundation, a member of Ohio Supreme Court Commission on Technology and the Courts, and a member of both the ABA Law Practice Management and the Real Property Trust and Estate Law (“RPTE”) Sections, Co-Chair of the Joint Law Practice Management Group, a Board Member for the ABA TECHSHOW (5th year), and a Director on the Columbus Bar Services Board. Mr. Henley heads Affinity’s document assembly/automation and software training departments. Barron is also an expert in launching new law firms, overhauling existing firms, and documenting and re-engineering law firm processes. Finally, Barron teaches continuing legal education (CLE) classes throughout the U.S. and Canada covering a wide variety of topics related to law practice management, technology and ethics.
