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The Federal Lawyer in Cyberia

MIKE TONSING
Legal Secretaries Via the Internet

I recently assisted as co-counsel in a U.S. Customs Service case in the Court of International Trade in New York City. I was retained by a five-lawyer firm representing an importer.

Co-counsel and I knew in advance that we might have to produce written motions, memorandums, and similar documents on the fly. Accordingly, we reserved our rooms at a Manhattan hotel whose ad touted Internet connections in the rooms and a fully equipped business center. I brought my high-speed connection card, packed my trusty scanner, and loaded everything I could imagine I might need into my laptop computer. (It crossed my mind that a stolen laptop could bring us to our knees.)

Happily, our post-9/11 flight was unevent-ful. Happily, my computer arrived intact. As soon as we got to our hotel, I inspect-ed my room's Internet Connection. No prob-lem. However, the business center was shockingly medieval. It had one primitive computer. It was open only during business hours. I was very glad I had brought my own gear. Fortu-nately, a 24-hour copy center was located almost di-rectly across the Street. Consequently, we survived quite nicely from an equipment standpoint. What we had forgotten to pack was an efficient legal secretary!

My colleague and I spent far too much time key-boarding during the trial, responding to inevitable yet unpredictable crises as they arose. But how could we have done otherwise? Who could have justified flying a legal secretary 3,000 miles to be ready in case serious typing was needed? And, if somehow we could have brought a secretary, how could we have talked such a per-son into working nights, batting out briefs during the late hours, or turning them around in two or three hours as we went to dinner? The idea of having a high-quality legal secretary available to us during the entire trial, with no travel expens-es, seemed at the time like a beleaguered liti-gator's wild-eyed fantasy.
Consequently, we did what countless other trial lawyers do. We did all our own typing. And, we stayed up very late doing it. Ugh!

A week after I returned to the Bay area, I bumped into my wild-eyed fantasy at a legal technol-ogy show, Glasser LegalWorks in San Francisco, Wow! Actually, Sharon Quaintance and Catherine Massey are no fantasy; they are the brains behind an Atlanta-based company known as LawDocsXpress. Each has more than 10 years of experience in corpo-rate management. Sharon is the "techie." She has an extensive background in telecommunications, data transport, and Internet services. Catherine, on the other hand, has over a decade of experience heading legal temporary agencies and placement services in two different states. Together, synergistically, they have hatched LawDocsXpress, a dynamite idea.

Their company (referred to by founding mothers Quaintance and Massey as "LDX") has a toll-free number a lawyer can call anytime of the day or night, from anywhere there's a phone connection, to dictate the contents of a letter or a brief. Using the telephone keypad (as one might, for example, from a hotel room in Manhattan), one can stop, start, rewind, and listen to one's own recorded dictation. As an alternative, if that same lawyer has Internet ac-cess, as I did, he or she can connect to the LDX serv-er and upload dictation as a sound file. LDX also ac-cepts typed drafts and turns them into finished legal documents. Or, as yet another alternative, the lawyer can use an inexpensive device, available at any Ra-dio Shack store, that allows dictation recorded on an analog or digital tape recorder to be "played" directly into a telephone.

Once received at LDX, that lawyer's work product will be assigned to a legal secretary with experience in the same field of law. (LDX secretaries have a minimum of three years of legal work behind them. They average between seven and eight years of work as legal secretaries.) Conflict checks ensure that the "faceless' legal secretaries at the other end of the LDX dictation lines have no incompatible work inter-ests. Repeat users are assigned to the same secre-taries over and over, fostering the development of a more productive professional relationship and ensur-ing confidentiality.

Secretaries prepare the documents on the LDX server, not on their home computers. (This provides an extra measure of reassurance and security.) They emulate a style furnished by the sender. LDX sends a confirming e-mail when the documents are ready to he retrieved. Users then log into their own LDX pass-word-protected Web page and download the com-pleted documents directly to their computers. For se-curity reasons, and to prevent formatting issues, documents are never c-mailed.
As amazing and innovative as that service is, LDX is far more than just your average sophisticated, lawyer-oriented, voice-to-document, Internet-based transcription company. LDX software also offers opportunities for collaboration on documents among sources far removed from one anoth-er. For example, a lawyer in Manhat-tan, a lawyer in San Francisco, and a general counsel in Denver could se-curely view the same document at the same time and confer about it over the Internet in a chat room in real time, making changes in a draft version as they go or dictating changes to he input by the LDX legal secre-tary. And a premium service allows a firm of 20 Lawyers or fewer to store all of its files (up to 50 megabytes worth) on the LDX server.

This same service allows a firm to distribute passwords to allow designated indi-viduals (passworded lawyers, parale-gals, secretaries, and clients) to se-curely access documents and data whenever necessary from an Internet connection anywhere in the world -in essence, creating a worldwide vir-tual office and conference center. (In-dividual files can be assigned differ-ent levels of access: for example, the Law firm's partnership documents may be designated as viewable only by passworded partners, while case re-lated documents may be made avail-able to all within the firm.)

A smaller firm could save particularly precious files (e.g., the firm's time and billing records) to the LDX secure server, re-ducing computer backup time. The LDX Web site also allows firms to cre-ate a firm-wide, secure online calen-daring system that can be accessed from anywhere and that can provide for differing levels of access.

This LDX file storage feature alone could justify joining the LDX family. Someone in a position like mine when I flew to New' York could save all relevant files to his or her own se-cure and segregated space, whether LDX prepared them or no. Then, even if a laptop were to be stolen, the attorney could access all files remotely over the Internet from any other computer, using a special password. Then, last-minute changes to the retrieved documents could be made via toll-free phone dictation.

LawDocsXpress maintains all stored documents on its own secure server. It is backed up daily. Docu-ments are stored using sophisticated but user-friendly iManage Worksite content management software. This software also provides for a high level of pro-tection and encryption. (See www.imanage.com.) A smaller firm that has considered purchasing its own license to the powerful iManage Worksite content management software database but lacks the economies of scale to justify the investment at pres-ent can "grow into" a full, freestanding iManage site license by initially purchasing the right to use the software through LDX on a much lower cost basis, user by user.

Larger firms and, indeed, federal agencies, faced with continual pressure to provide high-quality serv-ices while controlling costs, can enter into strategic partnerships with LDX to avail themselves of a vari-ety of outsourcing services designed specifically to reduce overhead. For example, outsourcing to LDX can reduce the use of temporary staff. LawDocsX-press customers pay only for the time they use. It is often difficult to find and keep experienced legal secretaries who are willing to work as floaters or in after-hours typing positions. And staffing positions after-hours generally requires paying a premium. This is not a problem with LDX. By outsourcing these needs to LDX, a firm will pay only for what it actually needs and uses. On average, an LDX-pro-duced document will net out to about $6.25 per page. (The price goes up as the turnaround time goes down.)

Sharon Quaintance and Catherine Massey, the very bright, scrupulous, and customer-oriented folks behind LDX, maintain a Web site at www.lawdocsxpress.com. Among other things, the site provides helpful estimates of the bottom line cost of preparing various documents. It also lucidly explains the vari-ous pricing options. The LDX site is currently con-veying an offer to transcribe any two-page document free, to complete the test document within 24 hours. and to send an e-mail message when it is ready. The introductory offer can be extended to also allow' a lawyer or firm to join the LDX family for a month with no start-up costs. (After that, start-up costs are modest.)

You simply cannot lose. Give LDX a try. I am con-vinced that this service is very worthwhile, whether you are a sole practitioner. a member of a larger firm, or even a federal agency attorney (if funds have been, or can be, allocated for the outsourcing of le-gal support services).

See you again next month in Cyberia.

Mike Tonsing is a member of the editorial board and an attorney in San Francisco.
Posted with permission of Federal Lawyer Magazine
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