Even in the age of e-mail, PDAs and data sticks with huge storage capacity, most law firms are drowning in paper.  Much of that can be attributed to the sheer number of forms and documents that law firms must provide to courts and regulatory agencies on a daily basis.

The process of obtaining, completing and filing countless forms is tedious and time-consuming for everyone at the law firm.  Every year in the U.S., 40 million new cases are filed adding to the 50 million-plus already existing in the court system.  Law firms file approximately one billion court, corporate, regulatory and legal forms every year, and up to 80 percent of those forms are created on paper.

Forms, Forms and More Forms
The average law firm spends more than $60 and follows at least 40 steps to acquire and process a single form.  Without a standardized firmwide workflow system for e-forms and e-filing, the process can be daunting for firms of any size, from solo practitioners to the nationwide firms with hundreds of attorneys.

Courts and government agencies change forms and filing requirements without any type of notice.  When forms on CDs are available, they often arrive late.  Practice groups within the same law firm may have their own methods for obtaining and filing forms.  In many cases, there is no way to save the forms electronically or bring them into a document management system.

More and more courts allow firms to e-file their documents.  In the future, it won't just be allowed, it will be mandatory.  Within the next two or three years, virtually every attorney in the United States will be using electronic forms whether they want to or not.  Fortunately, this move toward e-filing presents a huge opportunity for law firms.  Rather than go through dozens of steps to file a single form electronically, e-filing workflow solutions can whittle the process down to six easy steps and cut costs dramatically.

Doing It the Long Way
For those law firms that still prepare preprinted paper forms and file them with the court by hand, there are numerous steps in the process.  First, the desired form needs to be located.  The lawyer, paralegal or administrative staff person usually has to check with the docketing department, visit the firm library or go to a filing cabinet full of different forms for different courts and agencies.

If the form is available, someone must verify whether or not it's the most current revision.  If it isn't available or current, the proper form must be obtained at the courthouse or online (if that's an option).  Once the correct form is acquired, the information needs to be entered on the form by typewriter or computer.  When completed, the attorney must sign the form.  Then, it has to be copied for the attorney's files, for service on various parties and to accompany the original to court where additional copies are conformed by the court clerk and returned to the law firm.  This paper-intensive method of form production can require many other interim steps not listed here.

The Improved Efficiency of E-Filing
Compare that process with electronic form preparation and e-filing.

• Step One:  Obtain the most recent version of the form from online forms service providers.
• Step Two:  Fill in the interactive form.
• Step Three:  Verify that the data is correct.
• Step Four:  Save the form to the document management system.
• Step Five:  Print the form for the attorney to sign.  (This step is for jurisdictions that currently do not accept e-filing.)
• Step Six:  E-file the form with the court.

E-Filing Made Easy
E-filing is growing in acceptance every day.  To help make your firm's adoption of e-filing easier, consider these key elements:

Does the provider offer a complete e-filing package?  Many e-filing vendors offer only one component of the overall electronic filing process, e.g., document conversion services, or they may offer "print and file" service to a court where e-filing has not yet been established.  Make sure they have the ability to offer you the complete e-filing solution from start to finish, including document creation, service and tracking.

Is e-filing mandatory, voluntary or even permitted in your jurisdiction?  Since e-filing is new and growing, jurisdictions run the gamut of development.  Some are ahead of the curve, and some are behind it.  Many projects fall behind schedule, and rollout dates often change.  Some courts continue to allow paper filings after e-filing is implemented.  Others mandate e-filing after a specific date.  Do your homework and stay on top of developments in your jurisdictions, and you'll avoid surprises.

What are the technical requirements?  Check with the vendor to determine what file formats they use for both document creation and e-filing service.  Do they use PDF?  Can they support files from your chosen word processor?  Are there size limitations on filings?  Are you required to use a particular Web browser?  Do you need to be concerned with pop-up blockers or firewall restrictions that could interfere with form creation and e-filing?  Will the forms work with the document management system?  What sort of training will staff need?  How available and adequate is the technical support?  Is new or upgraded software required to support the capabilities of the service?  In addition to upfront subscription or transactional costs, e-filing products can require significant upgrades to your computer hardware and software.

Investigate the e-filing service's procedures and processes.  When it comes to the e-filing procedure, there are some basic questions you will want to ask a provider about their particular process.  What are the sign-in/password rules?  How are the documents and the filing process secured?  How will you be notified that an e-filing has been accepted?  What happens if there is an error in the filing and the clerk rejects it?  When does the e-filing "window" close?  What is the definition of "end of day?"  What are the additional e-filing fees?  How are payments of fees handled?  How can you access the docket or e-filed materials?  Are there any special rules/exceptions (e.g., proposed orders, working papers, etc.)?  What kind of customer support does the service provider offer?  Does the provider offer all the forms in the jurisdictions and regulatory agencies the firm needs?  How easy are the forms to track and download?  How does the company ensure all of its forms are up-to-date?

Does e-filing serve your firm?  Without doubt, the most important point to consider is whether or not the e-filing solution being offered will serve your firm.  Other concerns would include whether or not it makes financial sense for your firm.  Can you save on filing fees and delivery costs?  Is it more efficient for your firm?  Can you repurpose attorneys and support staff to help grow your business, rather than "push paper?"  Will you have proof of filing or service more quickly? Will electronic proof of filing or service help ensure filing deadlines are met?  Can the usage of the forms be tracked back to individual cases so that clients are charged appropriately?  Is the process flexible enough to adapt to the firm's future needs?

The Future of E-Filing
In order to gain all of the advantages of an e-filing service, a law firm must find the proper service provider.  By embracing the technology now, law firms can save time and money as well as incorporate a system on their own terms, well before the day arrives when courts and government agencies will only accept forms filed online.

About our author . . .

Erez Bustan, founder and CEO of American LegalNet, a leading provider of online court, corporate, regulatory and legal forms and e-filing services.  He began his career in the legal industry in 1989 and later founded American LegalNet in 1996 with the idea to give support services to the legal industry over the Web.  Erez can be reached at Erez@FormsWorkFlow.com.