electronic Filing & Service for Courts

Series: The Whole World Uses Technology More than the Judiciary...

... but they keep talking about it.

The latest from Mississippi:

Counties put court data online
# Electronic records help public, attorneys know when cases are scheduled for trial

The article states that a statewide system is 3-4 years away, (and will cost $5M-$7M) but in the meantime some MS courts are making some information available online. That information includes limited online access to court records to let the public know when cases are scheduled for trial...but still will not allow the person to read the actual documents.

The article continues announcing that Circuit & Chancery Courts in Harrison County will begin scanning documents into a system that will eventually allow attorneys and the public to view online court documents.

Note: Why do so many courts spend the time & money to scan documents which are produced electronically?

Reaction from the Bar:
"The entire federal court system is already online. From my computer, I can look at any federal case across the country. I can also see a list of all documents filed in the case and copy any document filed after Jan. 1, 2005," Wilkins said. "The cost is about 8 cents per page, but we save thousands of dollars in expense by not having to go to the court in person."

Series: The whole world uses technology more than the judiciary.....

... but they keep talking about it.

The latest, a commentary from the St. Louis Record (registration req'd)

It explains: "Missouri Court of Appeals Judge Clifford Ahrens is chairman of the Missouri Court Automation Committee. He said the committee is taking a slow, thoughtful approach to the implementation of e-filing statewide. "Or state committee has been studying it for some time," Ahrens said. He said the main obstacle to e-filing in the state courts is the budget. The committee will look at low-budget ways to make e-filing work, Ahrens said. He said the committee is in the preliminary stages of developing a pilot program for e-filing in a couple of state courts, but that e-filing is still on the "back burner. "Some detractors of e-filing find several problems with the practice. They worry about privacy concerns and security. They say paper records are not replaceable and that e-filing is too costly.There is also the problem of computer malfunctions."

I can vouch for Judge Ahrens, that Missouri has been studying efiling for many years. As to the detractors....privacy concerns and security are valid concerns BUT they are larger concerns in a paper world; paper records are not replaceable...HUH?...most of that paper is created digitally and an efiling system with a data repository provides the ability to copy/print those records on demand AND provides for disaster recovery/redundancy in case of fire, flood etc. e-filing too costly? If done correctly efiling is less expensive for both the filers and the court. Computer/Internet malfunctions do happen but local rules can be adopted to address these increasingly rare possibilities.

The author ends with: "I understand the efficiency of e-filing, I just think the legal community loses part of its spirit when attorneys never have to leave their desks."

The reality is, many court filings today are handled by paralegals, legal assistants, couriers and the US Mail. For those attorneys who do trek to the courthouse to file these documents...their clients are better served if they stay at their desks billing their clients for higher value services than peddling papers to the court...also, an efiling system done correctly allows those same attorneys the ability to review those electronic case files 24/7 at no charge....again saving time/money for the client and the court.

Series: The whole world uses technology more than the judiciary.....

... but they keep talking about it.

Here is more from the Nova Law Review, Spring 2004 article referenced in the prior post. If you have access to LexisNexis you can click: 28 Nova L. Rev. 721

The Technology Challenge: Lawyers Have Finally Entered the Race But Will Ethical Hurdles Slow the Pace? Lynn A. Epstein, ( Professor of Law, Nova Southeastern University, Shepard Broad Law Center)

V. FILING DOCUMENTS ELECTRONICALLY WITH THE COURT: THE RACE TO THE COURTHOUSE JUST BECAME A BLIP ON YOUR SCREEN

Electronic filing of court documents is an extremely efficient and cost-effective method of getting documents from the law office to the courthouse. When the IRS began to permit electronic filing of tax returns, it paved the way for other governmental offices to use e-mail as a means of receiving documents. The court system, while initially slow to respond, has begun to make real progress in this area, especially in the federal court system....

Electronic filing has numerous advantages, including simplifying and standardizing the filing process, and reducing errors in copying and transcription. However, the biggest advantage in electronic filing lies in reducing the costs of printing, copying, and mailing associated with paper documents. When courts take that extra step of setting up systems that allow the entire file to be viewed electronically, it enables more people to have access to the system.

State and federal rules of civil procedure have also paved the way for electronic filing. Many of the federal rules of procedure have been amended to allow courts to permit electronic filing if provided by local rule. Most jurisdictions have set up technology committees to study the most effective way for courts to implement electronic filing.

... Additionally, as courts adopt electronic filing, most still retain the ability for lawyers to file paper. Dealing with two different filing systems can be complicated and unwieldy. Ultimately, a court may decide to go entirely electronic. If so, either the lawyer must have online capabilities or the court needs to take the time to convert paper to paperless. ...

Attorneys are beginning to take advantage of electronic filing. One in five lawyers engaged in electronic document filing at some time. For those attorneys that have filed documents electronically, approximately 95% have been satisfied with the experience. Motions were the most frequently filed documents, followed by pleadings. However, the majority of lawyers still delivered documents in person to the courthouse.

The reluctance to file documents electronically would seem to have little to do with impediments with ethical rules. Since electronic filing is controlled by the court system, there is little possibility that lawyers would be able to act unethically in this area. Local court rules are very specific as to the process and specifications required for electronic filing, thus eliminating competency concerns that may encompass ethical considerations.

However, as most courts move toward electronic transmission of documents, lawyers should likewise move toward using this method of transmission. It will no doubt be consistent with the Model Rules, goal of lawyers expediting litigation, by allowing parties to access documents instantaneously. It will also aid the court with an efficient method that eliminates volumes of paper and storage problems. No longer will attorneys race to the courthouse drop box, or search for inventive and creative ways of adding mail days to the due date of their documents. In fact, if lawyers do not at least begin to adopt the process of filing documents electronically, they may find themselves left behind when courts permit only electronic filing.

Series: The whole world uses technology more than the judiciary.....

... but they keep talking about it.

Here are excerpts from two recent law review articles discussing the use of technology by the legal profession: (If you have acces to LexisNexis, the links will work)

1. 32 Rutgers Computer & Tech. L.J. 183, CREATING REPRESENTATIONS OF JUSTICE IN THE THIRD MILLENNIUM: LEGAL POETICS IN DIGITAL TIMES. Dr. Shulamit Almog. Dr. Almog is a Senior Lecturer at the University of Haifa, Faculty of Law, and the Editor-in-Chief of Haifa University Press.

..."the opportunities that digital tools offer with respect to the production, presentation, and transmission of documents. Producing a computerized document is considered today to be one of the simplest and most trivial everyday tasks. The capacity to transmit these documents through the Internet to any recipient in any place has brought to the legal process a wave of renewal and increasing efficiency. Many courthouses offer litigants the ability to send and receive documents through the Internet, follow the progress of the proceedings, and eventually receive the outcome of the trial through the court's web site. This "electronic filing" capability has greatly increased the efficiency of proceedings and shortened their duration.

The author cites to:
2) Fredric I. Lederer, The Road to the Virtual Courtroom? A Consideration of Today's - and Tomorrow's - High-Technology Courtrooms, 50 S.C. L. Rev. 799 (1999).

"... We are living in a technological age that is increasingly dependent upon computers and related information technology. ... Within the high-technology courtroom, counsel and judge have immediate electronic access to nearly all legal authorities. ... Why should this court, or any court, fear to tread into an area of advanced technology? To permit the plaintiff to testify via Real Time Video teleconferencing will enable the plaintiff to have the benefit of viewing the trial, and testify live via the Internet where he would otherwise not be present in court due to his medical condition... Permitting this plaintiff to view the trial and testify via the Internet clearly supports our court's public policy to permit handicapped individuals access to our courts. ... Courtroom technology potentially includes not only inexpensive, straightforward methods of evidence presentation such as document cameras, but possibly includes costly document scanning and expensive methods such as computer animation production. ... "

and to:

3) Lynn A. Epstein, The Technology Challenge: Lawyers Have Finally Entered the Race but Will Ethical Hurdles Slow the Pace?, 28 Nova L. Rev. 721, 737 (2004).

"...Lawyers are notoriously slow in adapting technology into their practice. In fact, many technology experts opine that lawyers were never in the race. Nonetheless, as technology has developed, specifically targeted at the legal field, many lawyers have begun to incorporate the technology into their daily activities because it simplifies the practice of law. "

I will have more of Lynn Epstein's law review article in the next post.

Anne Arundel, Maryland....get's it

The Circuit Court for Anne Arundel County began its study of electronic filing (efiling) in 2004. At that time, the court began the process of looking at different models for efiling, meeting with a variety of vendors as well as evaluating the court's own readiness for a project of this type. In 2005, in accordance with the Maryland Rules, the Court drafted an Efiling Pilot Proposal which was then submitted to the State Court Administrator and the Maryland Court of Appeals. As the plan was being finalized, the Court was also working to create an effective model of how electronic filing could work in Anne Arundel County and potentially the State of Maryland.

The Court chose LexisNexis Courtlink, Inc. because of its track record of more than 130 courts in production, the minimal overall cost to the Court, its proven project methodology and expertise. LexisNexis Courtlink, Inc. also provides free 24/7 support, and has a demonstrated performance in Baltimore City and is willing to facilitate and implement an information transfer between the electronic filing system and UCS, the backend system provided by JIS that the Circuit Court for Anne Arundel County has been using since mid 2003.

In 2005, LexisNexis Courtlink, Inc. conducted an electronic filing analysis for the court. One of the tasks carried out was the definition of current paper based workflow at the court and the design of new workflow that would help bring about the benefits of electronic to operations and for the Court's stakeholders. Another task involved the analysis of case and filing data that was graciously provided by Maryland's Judicial Information Services Dept.

On October 11 2006, Circuit Court Administrative Judge Joseph Manck and Clerk of the Court Robert Duckworth led a delegation which met with the Judges of the Court of Appeals and the State Court Administrator to discuss the proposed efiling pilot project. As a result, the Court of Appeals issued an order (see link below), on October 13, approving the Circuit Court for Anne Arundel County's plan. The electronic filing “pilot project” will test how well our court can accomplish the goal of an integrated electronic filing system.

From Malaysia.....

From The Edge Malaysia, October 16, 2006

"Technology is becoming a major tool the company is using to deliver more value to its customers. To offer litigators more control within this evolving landscape, LexisNexis in the US has expanded LexisNexis® File & Serve to provide attorneys the first one-stop online destination to execute paper filing, paper service, service of process, electronic filing and electronic service. This means litigators can manage all their filing, service and service of process needs in one easy-to-use online location via one vendor regardless of jurisdiction or whether paper or electronic filing is required. To be first offered in California courts, the service may eventually make its way around the world.

This is an example of what Atkinson calls "getting more involved in the workflow of our customers and helping our customers get their priority areas addressed". While File & Serve is an example of what customers in more advanced markets will need, in India, it is looking at electronic filing and scanning of documents to help the legal process."