In 2024, we are privileged to have access to seemingly endless cloud-based and local storage for pleadings, discovery, transcripts, correspondence, and notes. Yet, some attorneys continue to insist upon having a printed record of their cases. Their reasoning includes ensuring documents are not missed, keeping a backup of documents, or they just prefer reading off a printed paper.
First, printing documents in no way prevents them from being missed. In fact, it is arguable that misplaced papers would increase the risk of documents being missed. Instead, attorneys should opt for digital workflow systems where documents can be routed to an attorney for review. Systems for this purpose are built into some practice management programs or can be designed using the PowerAutomate application included within the Office365 suite. To keep this process even simpler, attorneys can set up special Outlook rules to move emails with a certain subject line to a special folder. In this case, paralegals would send the attorney an email with "REVIEW" in the subject line, which would cause the email to go, unread, into a specific folder in the attorney's mailbox.
While having a backup system is imperative, printed copies are no substitute for digital backups. Digital backup systems preserve documents in their editable forms in a way that OCR technology cannot yet perfect. Having a digital backup easily accessible also allows you to quickly search a backup's files for that one document you need in the event of a primary system failure. Paper documents are subject to the risks that affect all physical property; they can be lost, stolen, or ruined by flood, fire, etc. Instead of printing as a backup, opt for one or more digital backup systems. If having a physical backup is preferred, use an external hard drive to digitally save your documents, then keep the hard drive somewhere secure, such as inside a fire- and water-proof safe.
It is understandable that some people prefer a hard copy. E-ink readers provide the sensation of reading paper with the flexibility of storing your document digitally. Many also have pen-link inputs which allow you to annotate the document, much like if it was printed. iPads can also be used to read documents while away from your computer which provides the flexibility some attorneys prefer with printed copies.
With so many technology options available for document management, including the recent advent of AI reading and indexing documents, there are few circumstances where documents need to be printed. So, stop shuffling through stacks of papers and searching through endless redwells, it's 2024.
Very good points about the failings of paper as an information storage medium. I mentioned reading the 1,231 page appendix filed by opposing counsel with their appeal brief. I had to read and annotate every page, along with their 25 page brief. I did that on an iPad with an Apple Pencil for pen input using an app called iAnnotate.
ReplyDeleteI did not use a high-end iPad Pro or even Air. I used the cheapest basic iPad (recently on sale for $250) that uses the first generation Apple Pencil (often on sale or available used on Ebay for around $60). So for just over $300 plus the cost of the app ($10), I have a great system for reading and annotating court documents.
And the app connects directly with my OneDrive cloud storage where I keep all case documents, so there is no clunky USB or wired transfer of files.
When I go to court (rare these days due to Zoom appeal arguments still being allowed) I take only my iPad on the plane with me and access the briefs and oral argument notes using the same iAnnotate app on my iPad. As far as I know, I was the first appellate attorney in my state to do that. When the judges saw it, they asked their court administrative staff to contact me for advice on the use of iPads for reviewing documents. Today, every appellate judge in Michigan has a court-issued iPad and many of them use them on the bench, usually with an Apple or Logitech keyboard attached, during oral arguments.