Do you REALLY Need Case Management Software? No You REALLY Don’t, If — Part Three in the Case Management Series

Nalini Mahadevan replied to my LinkedIn post asking for experiences with case management software, and it inspired me to add a chapter in my on “Do You Really Need Case Management Software” Series. She asked “What CRM software do you recommend? I thought CRM needed a professional install.”

Thanks, Nalini, for a perfect segue into the next part of my ramble.

First, let’s distinguish between “CRM” and “CM” software. “CRM” means “customer relations management,” otherwise known as “contact management.” It does exactly what it says it does – manages people. It’s used by sales people, schedulers, and millions of people who need to keep track of, and in communication with, lots of other people. You can think of CRM as the old Rolodex on steroids. Good CRM provides the following functions:

  • A database of contacts with all relevant contact information such as name, phone, e-mail address, etc.
  • An e-mail center (not Outlook) integrated with the contacts, for easy electronic communication, and tracking of e-mails in and out.
  • Template and merge forms capability, for easy writing of letters, memos, forms, and all sorts of documents.
  • Database management – that is, the ability to parse and sort and organize your contact list so that you can communicate with highly specific groups, such as all family law attorneys in firms of less than five in zip codes between 602000 and 623000. Good CRM has built-in software to organize and shape your database.
  • Document organization The ability to link other information such as PDFs, photos, etc. to a specific contact file.

“CM” or “case management software,” is a similar but considerably different animal. It’s about managing matters. In other words, it’s “matter centric” rather than “people centric.” To badly mangle Shakespeare, “the matter’s the thing.” It accomplishes all of those things I outlined in my first post of this series, and has the ability to set up automated procedures to calendar important items. For instance, it can be programmed, whenever you utilize a certain template document, to calendar a reminder or a statute a specific time period afterwards. One of the most important strengths of case management software is its ability to connect and organize large amounts of disparate information, from documents received, to documents sent, e-mails in and out, discovery information, title or medical documents, etc. etc.

So. First stop in the quest: do you need to manage large amounts of information, deadlines, communications, appointments, etc. on a large number of files? Or is your biggest priority communications with clients, former clients, referral sources and other professional contacts? In other words, is your priority more in the realm of marketing and communications with people, or managing complex matters? To put it even more simply, are your priorities people or matters?

An estate planning attorney who does mostly simple documents and needs software mainly to book appointments and send and receive e-mail and track conflicts does not need case management software. They can create a library of template forms in their CRM, and will find the calendaring and e-mail modules in CRM perfectly satisfactory. In short, all of their needs can be accomplished neatly with a vastly less expensive contact management software such as ACT!, Chaos, Maximizer, Goldmine, and literally dozens of others, both locally installed and on the cloud – some of which are actually free. Here’s a link to one website which offers comparisons among just a sampling of the most popular CRM.

Beyond the difference in expense, there is another perhaps even more important difference. Most “CRM” is intuitive, easy to use and often has inexpensive mobile apps, while most “CM” has a perilously long learning curve, is complex and requires constant user discipline and attentiveness. Which means, unfortunately, you will need an enforcer and will experience a great deal of resistance and reluctance from others – and even, quite possibly, yourself.

So. The answer to my question, “Do You Really Need Case Management Software – Really?” For some the answer is “No!” Emphatically no. Really.

And Nalini, regarding your question concerning professional installation, you are right. “CM” does require professional install, and often hardware upgrades, and certainly contract support both for the technology and the users. More expense and more complexity. No wonder so many attorneys, staff and firms grow quickly to hate their CM. See my first post of this series.

Finally, I welcome all  comments from case management vendors, happy and unhappy CM and CRM users and colleagues. Let’s get a good fistfight going here. I can take it.

Next post I’ll get down and dirty and dissect specific CM software. Promise.

What Software Do You REALLY Need? REALLY? – Part Two

That Shiny Thing
Case management software is often that shiny thing that attorneys think they need. Kind of a status symbol, or a miracle solution to a chaotic operation. I can’t count the number of firms I have worked with where they have a full (and very expensive) complement of some type of CM software, and also had all the frustrations I listed in the previous post. And my assignment was (surprise!) to bring some order to their operations.

There are two important things to understand before making the decision to install any kind of software.

First, things will get worse before they get better, even when you do everything right. People hate change, many people hate computers and software, and many will resist purely on principle. So expect resistance at the beginning – it’s normal – until people realize the system is here to stay, or until they’re required to use the new system enough that it becomes the “new normal.”.

A warning. If you have a group of “immovable objects” for staff – people who you allow to make their own rules (often people you feel are so indispensable that you can’t afford to offend them, or who are the only people who control certain information), it just ain’t gonna work. By the way, if you have such people, fix it or prove they’re not indispensable. Fire them. Never allow yourself to be held hostage by a staff member.

Second, there is no magic bullet. No software, no training can make up for poor management. Supposedly, you are considering software because your firm is growing. If so, something else must grow: your skills in the art of management. The downfall of most attorneys is that they simply “want to do legal work” and consequently ignore the fact that they have a business to run and a team to manage. They want to simply close the door and go to work. As Michael Gerber says in his book the E-Myth, to succeed you must work ON your business, and not simply IN it. So, if you’re planning to institute software, be sure to institute better management skills along with it.

What Did Your Careful Study Tell You about Your Firm’s Software Need?
Are your needs mostly about complex document assembly? If so, that’s not case management, that’s document management. Case management software will seldom provide this ability, so don’t go looking for CM when you need “DM”.

Are your needs  mostly about time & billing? If so, again you don’t need full case management software. And please don’t go there. You will be buying more than you need, and paying more than you need, and wasting most of your cost. Even the ABA gets the issues confused. They have a table of comparisons of what they say is time and billing software, yet 80% of what they list is case management software with T&B capabilities.

Are your needs are more about communications? That is, contact management and database marketing – case management software is once again overkill. Look to the area called “contact management” software, otherwise known as “CRM”, customer relations management software. Nearly all CRM has valuable capabilities you can use in your practice, such as merge forms and e-mail management.

So When Do You Really Need Case Management Software? Really?
That’s the next post. We’ll get there. I promise. And after that – my jaundiced views on just what software to choose.

Maybe You Don’t Need Case Management Software – Really.

An Opinionated View in three (or maybe more) parts

First the Disclaimer
These are my personal opinions, based on twenty-something years (it’s the only way I get to be “twenty-something”) of experience with solos, small and mid-size firms. Since I haven’t actually used any of these programs on a daily basis, I will not assert that every detail is technically correct. My view is through the eyes of my oft-frustrated clients.

Also important to note: as a business advisor to law firms, I regularly advise firms on operations, and because of that, I have made the decision to not affiliate with any CM provider. I don’t get paid by anybody to recommend software. So, here are my thoughts, and any bias is directly from the school of hard knocks.

So What Is the Case Management Software Anyway?
There are three main functions of “case management” software.

1. Time and billing – essentially an accounting function. Some don’t have actual billing, but do provide mechanisms for time tracking.

2. Document, activity, and deadline management. This is the heart of case management software.

3. Contact management. Keeping track of contacts and how they relate to cases, and creation of a database for purposes such as conflicts and marketing.

A fourth function which is rarely included in case management software is document assembly, which can be important to particular practice areas such as estate planning and business transactional  work. But don’t confuse this with case management software. It’s either a different animal, or an expensive upgrade to case management.

“Let’s Start at the Beginning, It’s a Very Good Place to Start” (with apologies to The Sound of Music)
So, the place to start is by identifying exactly what your current problems and obstacles are, and what you want to be able to accomplish, before you go shopping for anything.

How Purchase of Software Goes Horribly Wrong
There are five not very complicated reasons why a firm’s good intentions – and a big bucket of money – turn into a house of horrors.

First – they don’t do their homework. They don’t thoroughly research exactly what they need, don’t study the various offerings carefully, don’t do a “test drive,” don’t get adequate references, and consequently they buy the wrong software.

Second – they don’t buy official training, assuming that they can figure it out for themselves, so people are frustrated, misuse or don’t use the software, and start using “workarounds” to avoid it.

Third – they don’t buy an ongoing support and maintenance contract, depriving everyone from good troubleshooting and support, and often resulting in major downtime for the system, and consequent loss of productivity. Some software vendors seem to actually penalize clients who attempt to use the “per call” services instead of buying the more expensive support agreement, and end up with horrendous response – days or even weeks – for troubleshooting.

Fourth – they don’t document procedures in order to standardize the way the software is being used, and to provide an easy guide for new employees.

Fifth – they don’t place a senior partner or administrator in charge of its implementation, and use, and don’t enforce correct use.

The result? An amazingly high level of regret, teeth gnashing and blame for attorneys responsible for making the decision to buy software. While clearly, some software is better and easier to use than others, the real issues are the above. Even harder to use software will be more satisfactory if those five implementation problem areas are addressed. I have encountered literally dozens of firms which have highly capable software of various sorts that they have essentially discarded in frustration, because they didn’t properly address the implementation and operational issues.

So don’t be attracted by the shiny thing some software vendor dangles in front of you. Software decisions and implementation must be addressed in a very careful, thoughtful, and responsible way, or disaster will be the result.

Next Post: What Software Do You REALLY Need? REALLY?