Technology for Trusts and Estate Attorneys

No self-respecting technology nerd could write an article like this and fail to include at least a few words of caution about technology traps. Many of you have fallen into one or more of these traps already. For those of you who have managed to avoid harm so far, please heed these warnings.

The shiny object trap is the easiest trap to fall into. We live in a great era of legal technology. Companies big and small, are vying for our attention and technology budget dollars. This is great for our practices. It means we have access to tools that allow us to be more productive and efficient. It also means there are usually numerous tools offering similar features. Those who have visited the vendor floor at ABA TECHSHOW can vouch for this. In this environment, jumping from one tool to another is easy when the new tool offers some feature or benefit your existing tool lacks. Perhaps the new feature is something you need, or it will prove a great benefit to you, your staff, or your clients. Too often, however, the new tool, with its new flashy features, proves to be only incrementally better than your existing tool. If you find yourself switching tools every few months, or even every year, in search of the latest and greatest technology, you will most likely end up less efficient and less productive. Be very careful, then, of the shiny object trap. From experience, I can tell you that chasing the latest technologies often results in counterproductive outcomes.

The second trap I want to warn you about is what I refer to as the all-in-one trap. This trap involves the promise that a single technology tool can address all your technology needs, be it an application, a service, or a piece of equipment. Like the shiny object trap, the all-in-one trap ensnares many of us. How many of you own an all-in-one printer? You know, the printer that also serves as a copier, scanner, fax machine, etc. Unless you own one of the large, costly machines, I am guessing you are less than satisfied with your all-in-one machine. Why? Well, just like lawyers can’t be all things to all people, a single piece of technology can’t be all things to all attorneys. No technology tool can do it all, and no technology tool is perfect, despite what the enthusiastic salesperson promises. Be wary of tools that offer you the equivalent of the all-in-one printer.

Finally, I want to mention two additional traps that, while insidious in their own right, are usually a bit easier to avoid. The first is the complexity trap. This trap is related to the all-in-one trap. The more features a single piece of technology offers, the more complex that piece of technology tends to be. With complexity comes a more demanding learning curve, which may result in less than full adoption within your firm. Simply put, people won’t use a tool if it is too difficult or complex. The second additional trap is the free versus paid trap. Many technology tools, particularly software applications, offer a free version. Cloud storage services are a great example of this. With few exceptions, you should avoid the free version and, instead, pay for the business version of the tool. The paid versions of tools generally include greater security features and more robust administrative controls. When your client’s data and, therefore, your license are on the line, you want security and control. Pony up for the paid version.

1. Are you a solo, or do you work in a small firm with staff and other attorneys? If you are a true solo, you may have more flexibility to try different tools. If you are a tech-savvy solo, you may be more comfortable with a more feature-rich and, thus, more complex tool. On the other hand, if you are a small firm attorney, you must be concerned about firmwide adoption of the new tool. If you work with a partner who struggles with email, purchasing a sophisticated document automation application might not be the best option for your practice.

2. Do you work out of a traditional office space, a virtual space, or a combination of
both physical and virtual? With cloud-based software services, your choice of working space is less important these days. The benefit of cloud-based service is your ability to access your data and work on your matters from anywhere with an Internet connection. However, suppose you work in a virtual firm setting, with team members working remotely. In that case, you will probably want to look at laptops and desktop scanners instead of traditional desktop computers and large copy and print machines.

3. What are your clients’ expectations? This question likely deserves more consideration than you might think. Don’t just assume that you know, for instance, how your clients prefer to communicate with you, how they prefer to meet with you, and how they prefer to pay you for your services. The Legal Trends Report, published annually by Clio, provides impressive insight into client desires and how mistaken law firms often are about them. For example, more than half of clients want an option to meet virtually with their attorney. Do you offer your clients
a virtual meeting option? If not, you may be failing to meet their expectations.

Once you’ve carefully analyzed your practice, you are ready to evaluate your technology tool options intelligently. Here is a short, non-exclusive list of tools and techniques you can employ in your evaluation process:

1. Determine the specific need the tool will serve in your firm. Remember the all-in- one trap and that no single technology tool will satisfy all your needs. Do you need a tool to improve your ability to capture your billable time and track your current matters? If so, you should look at one of the available practice management solutions. However, even the most versatile practice man-
agement software will let you down if what you need is a better tool for drafting trusts. Instead, it would be best to look at something like HotDocs, WealthCounsel, or even your own Microsoft Word templates.

2. Look for reviews of the tool you are considering. Google is a great place to start your search, but better options are available. One of the most comprehensive sources for information and reviews of legal technology is Capterra. Capterra boasts more than 1.5 million reviews for more than 50,000 software products. You should also seek out and speak with colleagues who use or have used the tool you are considering. What do they like about the tool? What do they dislike? If they have moved on from the tool, why? Finally, when looking at reviews, pay attention to what others say about the customer service of the company providing the tool. Whether it is initial training or ongoing support, you will, at some point, need to utilize the provider’s customer support. Some companies offer outstanding support; others do not. Choose wisely.

3. Get a demo of the tool, or sign up for a free trial. This is mostly for software applications, but it is a great way to test the tool before committing to a purchase or service contract. When you schedule your demo with the salesperson, be sure to come prepared with questions and use-case scenarios specific to your practice. The salespeople are great at highlighting the best aspects of their tool. They are also great at glossing over the tool’s shortcomings. You want to make sure to ask questions and have the salesperson show you how the tool will address your unique needs. This is where the work you did analyzing your practice really pays dividends.

Once you’ve carefully analyzed your practice, you are ready to evaluate your technology tool options intelligently. Here is a short, non-exclusive list of tools and techniques you can employ in your evaluation process:

1. Determine the specific need the tool will serve in your firm. Remember the all-in- one trap and that no single technology tool will satisfy all your needs. Do you need a tool to improve your ability to capture your billable time and track your current matters? If so, you should look at one of the available practice management solutions. However, even the most versatile practice man-
agement software will let you down if what you need is a better tool for drafting trusts. Instead, it would be best to look at something like HotDocs, WealthCounsel, or even your own Microsoft Word templates.

2. Look for reviews of the tool you are considering. Google is a great place to start your search, but better options are available. One of the most comprehensive sources for information and reviews of legal technology is Capterra. Capterra boasts more than 1.5 million reviews for more than 50,000 software products. You should also seek out and speak with colleagues who use or have used the tool you are considering. What do they like about the tool? What do they dislike? If they have moved on from the tool, why? Finally, when looking at reviews, pay attention to what others say about the customer service of the company providing the tool. Whether it is initial training or ongoing support, you will, at some point, need to utilize the provider’s customer support. Some companies offer outstanding support; others do not. Choose wisely.

3. Get a demo of the tool, or sign up for a free trial. This is mostly for software applications, but it is a great way to test the tool before committing to a purchase or service contract. When you schedule your demo with the salesperson, be sure to come prepared with questions and use-case scenarios specific to your practice. The salespeople are great at highlighting the best aspects of their tool. They are also great at glossing over the tool’s shortcomings. You want to make sure to ask questions and have the salesperson show you how the tool will address your unique needs. This is where the work you did analyzing your practice really pays dividends.

Congratulations! You now have the mindset to analyze your practice and evaluate your technology tool options. What now? Let’s practice these new skills by looking at a few popular technology tools for trust and estate planning attorneys. While no article can cover every tool or even every category of tools, we can look at two big categories: practice management and document generation and automation.

When it comes to practice management systems, the options are nearly endless. That said, there are a few big players in this space, including Clio, MyCase, PracticePanther, and Smokeball. Every product in this category offers, at a minimum, time tracking, matter management, and some level of document management. Additionally, many systems will integrate with other tools such as Outlook, Gmail calendar, or your cloud storage service. One additional feature many practice management systems now offer is a secure client portal. Secure client portals are quickly replacing email as the preferred way to communicate and share documents with clients.

Document generation and automation software poses a daunting evaluation challenge, as the options in this category span the entire spectrum of complexity and features. If you have been preparing estate plans for 20 years, you may have a rich library of forms and templates at your disposal. If this is you, a business subscription to Microsoft 365 may be all you need. Microsoft’s office tools offer a wide range of options for creating and managing document templates. A Microsoft 365 business standard license costs only $12.50 per month, and if you are already a 365 user, these tools are currently in your tool chest. Moving up the feature and cost scale is a tool such as HotDocs. This tool takes document generation to a different level than what you can generally achieve with your standard office tools. More impressive features, though, also mean a higher price. Pricing information is challenging to find on the HotDocs website, but subscriptions look to start at about $125 per month. (Per-user prices appear to start at $25 per month; however, there is a five-seat (license) minimum, which brings the total minimum monthly price to $125.) If you are new to estate planning, a service such as WealthCounsel might be your best choice. In addition to a robust document-generation platform, WealthCounsel provides subscribers with other tools, including educational and marketing materials. All these features come at a cost, of course. WealthCounsel subscriptions generally start at about $400 per month, putting the service at the very high end of the document-generation category. Practice management and document generation only scratch the surface of the technology tools available to trust and estate planning attorneys today. In addition to these indispensable tools, you might also wish to think about tools to manage your client intake, scheduling, and marketing. These, though, are topics for a different time.

For now, I hope the tips and techniques discussed in this article give you the confidence to search out new technology tools to improve and grow your practice. Remember, there is no magic elixir guaranteed to solve all your technology needs. Don’t chase shiny objects. Instead, focus on the needs of your unique practice and your specific clients. Then, go out and fill your technology tool chest with the tools best suited to serve those needs.

Article originally published in American Bar Association - GPSOLO, VOLUME 39, NUMBER 6, NOVEMBER/DECEMBER 2022