INTRODUCTION

As even the simplest family law file now has a lot of information and documentation, a relatively sophisticated system to gather that information and documentation, file and find that information and documentation, and distribute that information and documentation is required. A good information system is also needed because there are so many issues, facts and documents that it is impossible for a lawyer to keep it all in his or her head. The cost of storing the closed file has also become an issue as the physical size of the average file is large and therefore the storage costs can be expensive. The purpose of this article is to provide lawyers with some ideas of producing a process that manages information and documentation in a family law file.

Goals

The basic goals must be kept in mind when formulating an information and documentation system. I believe those goals are:

1. To ensure the lawyer obtains all of the information and documentation to best process the family law file.

2. To file all that information and documentation so to find it easily when needed.

3. To be able to distribute easily that information and documentation to the other lawyer, the Court and the client.

4. To have a good and cheap storage system.

OBTAINING INFORMATION

The best way to obtain all of the information and documentation that is needed is to simply have detailed checklists and questionnaires for every conceivable step in the process starting from the initial telephone call from a prospective client. Lawyers should have an intake form to get the answers the lawyer needs and wants to know even before the first appointment. I ask such information as whether the parties reside in Ottawa, what stage they are at in the proceedings, whether they presently have a lawyer and who is the spouse’s lawyer. I ensure that the prospective client knows my hourly rate and my initial retainer, and I direct them to my web site if they have not been there yet. I also ask how they got my name. This information can be collected on a form that either the lawyer or the secretary completes.

Basic information such as the names of the children, income and assets can be obtained even prior to the first consultation by posting the questionnaire on the lawyer’s web site or mailing it out to the client. I suggest not waiting until they arrive at their appointment to fill out such a form as they may not know the answers without doing some work. Knowing what is required of them reduces their anxiety. Every issue should have a list of detailed questions to ask to ensure that all relevant information is covered. This can be done in forms for the client to fill out or a set of questions the lawyer asks.

Follow up system

There is going to be a lot of information and a lot of documentation the client does not have when first asked for it, and therefore must obtain it. A follow up checklist and a to do list should be made for the client so that, on an ongoing basis, they know what they still have to do, and the lawyer knows what still needs to be obtained from the client.

I now have a standard note form for telephone calls and consultations on which I also record what the client, the spouse’s lawyer or I have next to do. I do it in digital form not only because I cannot read my own handwriting but to have the advantages as discussed below in having it in electronic format. I often print out the consultation notes for the client.

The goal in obtaining information and the goal of the whole practice of law should be that processes are in place that would enable one to sell their practice as a franchise or be so well managed that anyone could come in and take over the practice.

FILING SYSTEM

Lawyers should have an organized standard system for both the physical file and the computer files.

Physical File

As the physical file now is so large and no longer consists of, as when I first started practice almost 30 years ago, just two sections, letters and everything else, there should be a standard system for the physical file which would include colour coded subfiles and binders. For the documentation for the equalization of assets issue, I have a binder in which I put a Net Family Property Worksheet and numbered tabs. As I receive the documentation from the client or the spouse’s lawyer, I insert it in this binder and insert in the Net Family Property Worksheet at what tab the document can be found. With the Net Family Property Worksheet allowing for comments, that is where I put what has to be done to finalize that issue and why the differences. If the issue is not disputed, I mark that it is agreed. If it is assumed that it is agreed, I put “AS”. This is an excellent way of controlling what documentation you have and need to have for the equalization issue.

For support issues, I have another binder in which I keep each party’s Financial Statements, pay stubs, tax returns and the many Divorcemate calculations. Though this may be a duplication of financial statement found elsewhere, the client’s up to date financial situation and their spouse’s financial situation is always known without going to look in another place. Though I may have in that binder the reference to where that documentation can be found, such as tax returns as that may be too much copying.

The same type of binders should be set up for undertakings. In the case where an undertaking may be found in the Financial Statement or property booklet, there is a reference to that place. But sometimes there are requests for past bank statements, which really do not belong in the property statement or the Financial Statement.

Computer File

A proper filing system for the computer files is needed, just like the physical file, so information and documentation can be found easily. We now use a number of different computer programs such as WordPerfect, Divorcemate, an email program, and in my case, a note taking program - Notemap. One can save everything into your WordPerfect file for that client but that may be a little time consuming with respect to emails, or one can keep emails in a separate folder in Outlook. Or one can use a document manager program, such as found in PCLaw. It will state for a client where all the emails are, all the documents are and where all the letters are found. I am just starting to use that program as it comes with the PCLaw accounting program. One can obtain the more sophisticated document manager, like the Worldox program, but I am told the PCLaw document manager is probably sufficient for family law.

Case Map

Case Map is a very popular U.S. litigation product that is not that expensive and can be very useful in a family law file. It is basically creates a relational database for each file, to organize all of the information on the file. Organized document management can be also be done. Research can be better organized. Casesoft also happens to be, in my opinion and others, one of the best vendors as far as support goes in the legal business. Their web site is full of webinars that explain the many functions of Case Map and the follow up service is excellent. Their web site is casesoft.com. I am just starting to use Case Map. I use it to record some basic facts, track my issues, my research, my undertakings and my to do’s in some cases.

GOING PAPERLESS

In the accompanying paper, Seriously Paperless by Peter T. Henderson, which was given at a Law Society course in Toronto in May 2006, Mr. Henderson talks about the basics of moving towards a paperless office. I believe it should be the goal of family law lawyers to eventually be paperless. Carol Curtis, a well known Toronto family law lawyer, has a three lawyer firm in which for the last six years they are completely paperless. Though they hold onto some paper, the file resides on the computer.

There are many advantages to going digital . It is the easiest system to file and to find as it is always on the computer. It is the easiest system to assemble for Court as it is just printed from the computer. It is the easiest and fastest system to provide copies to the client as it can be done by emailing. It is an easier system to take along to Court as it can be done in a laptop computer. It is the easiest format to store in the long term. It is the easiest format to search for documents. It is the easiest format to share with others on a network. It is the easiest not to loose as long as a proper back up is done. And it is in the format that Courts are moving towards, so lawyers will eventually have to have an electronic file. And because I cannot read my own handwriting anymore, it solves that problem of bad handwriting.

GETTING CLIENTS ORGANIZED

As a lot of the information and documentation must come from the clients and clients want to be copied on everything, it is important to get the clients organized. Besides having a constant to do list for the clients, I suggest that you provide a client with a manual in the form of a binder, for the clients to organize their file. The binder can also serve the purpose of providing more practical information. I have been providing my client with a family law manual for many years and they greatly appreciate the information in it and that I have given them a system to be able to be keep organized.

LONG TERM STORAGE

The most frequently asked question of any Law Society I understand is “How long do I have to hold onto my file.” It is also the number one question that Law Society’s refuse to answer, though I understand that they are going to be forced to because of the huge costs the big law firms in Toronto have in storing files. The Law Society did produce a paper entitled “File Retention” found at http://mrc.lsuc.on.ca/pdf/pmg/pmg6profdevelopcompet.pdf but that article does not provide a clear answer. The articles states “Generally speaking, lawyers should keep documents until after the applicable limitation period has expired.” However there is an issue determining when the limitation period starts to run. I would suggest we all hound the Law Society to come up with a clear direction as to when one should be able to get rid of their family law files. However, having the files in digital form will make it a lot easier to hold onto them forever. Dan Pinnington of Law Pro has stated that a file can be stored digitally. There is also nothing wrong with giving back the file to the client and in fact, some lawyer’s retainers now make it the client’s obligation to store the file.

CONCLUSION

In the brief time allotted to me I have simply tried to provide some basic food for thought. I suggest family law lawyers take this subject very seriously and create an information and documentation management system that best achieves the basic goals outlined above.