Designing and Implementing a Systematic
Software Training System
Carl
W. Hayes
It’s 9 a.m. on Monday morning. You take
a moment to sip the perfect cup of coffee and gaze upon a perfect world. You work as a legal
assistant for the ideal law firm which has the ideal case management system in place. The attorneys
at your firm happily focus on representing the firm’s client base through the substantive practice
of law. The firm invests heavily in its personnel and as a result, you and all member s of your
working team receive quality, up-to-date hands-on training in all aspects of your profession,
including software and technology. With very little effort your team can take a case from file to
trial for a successful resolution and you are big part of the reason for its success. Clients are
happy, profits are up and all is good in the world. Such perfection is a beautiful thing to behold.
Flash back to reality.
Your coffee has just spilled on your desk and you realize that you’ve been daydreaming! As you try
clean up the mess you realize from the mountain of papers and post-its that sit before you, that the
world you live in is far from perfect You know that from experience attorneys do not always happily
practice law and do not always effectively
delegate duties to the legal assistants, and that most of the time you and your team members are
scrambling to meet deadlines in constant state of chaos. More often than not, you and everyone on
your team could benefit from some professional training, especially
in the areas of software and technology.
According to Bureau of Labor Statistics, U.S. Department of Labor, Occupational
Outlook Handbook, 2004-05 Edition, Paralegals and Legal Assistants, on the Internet at http://www.bls.gov/oco/ocos114.htm
(visited March 06, 2005): “Computer use and technical knowledge has become essential to paralegal
work. Computer software packages and the Internet are increasingly used to search legal literature
stored in computer databases and on CD-ROM. In litigation involving many supporting documents,
paralegals may use computer databases to retrieve, organize, and index various materials. Imaging
software allows paralegals to scan documents directly into a database, while billing programs help
them to track hours billed to clients. Computer software packages also may be used to perform tax
computations and explore the consequences of possible tax strategies for clients.”
Litigation technology has become a billion dollar industry thanks to the rapid advancements
made in popular cutting-edge software programs and the need for firms and their personnel to
understand and manage it. E-discovery and blogs are the buzzwords of the day. There are more choices
in software to choose from than ever before. Seven of
the most critical areas covered by current legal technology are:
Case Management
Litigation Databases
Imaging/OCR Management
Transcript Management
Trial Presentation
E-Discovery
Remote Access to Litigation Materials
Each of these areas offers multiple choices in software from which to choose and it seems
new and improved versions of these software packages are being released every time we turn our
heads. The more a program does, almost by definition
the more difficult it is to learn and use. Knowledge and skills in a software product can be come
passé in the blink of an eye. While considerable
thought is almost always given to the price and features associated with the purchase of a
particular software product, the same can not be said of attitudes toward training. Most firms drop
the ball when it comes to have a training system in place to get the most from their investment in
software. The biggest problem in the improper use or
underutilization of a software product is not that the program isn’t appropriate, but that there
has been insufficient training. In order to get the most from any investment in litigation support
software, it is critical that a strategic plan be designed and put in place to ensure all
users receive the proper training at the proper time.
The legal assistant can be a key player in helping design a software training system
because of being a central figure in a firm’s workflow and a frequent user of multiple software
packages to accomplish work assignments. They are
usually the best source for information on how software is used in the workplace, and can make
knowledgeable recommendations on which software products the firm should purchase.
They would also have inside knowledge as to which team members (themselves included) require
training in the use of software.
Sometimes training programs never get off the ground because of objection to the costs
involved coupled with a perceived lack of necessity. In many cases, attempts at implementing a
training program are stonewalled by firm policies, personal choices and employee resistance, and as
a result, training usually consist of a 1 or 2 day session covering the basics of using a program.
Frequently, users are left to the own devices to discover intermediate and advanced functions of the
software. This results in a wide range of skill among members on the same team and cripples
efficiency by placing the lion’s share of the work on those who master the program.
However, in cases where there is a program that provides quality ongoing
training, knowledge and skills increase, and efficiency increases, which means more work is
accomplished in a smoother fashion. Although designing and implementing an effective software
training program has certain costs associated with it, failing to implement such a program could be
costing firms and their clients more than they realize.
At my training seminars I frequently encounter first time users of a software program,
usually excited, wide-eyed attorneys who expect to learn EVERYTHING a software program can do in ONE
SESSION, who run off with their laptops under their arms and smiles on their faces, ready to have
their staff learn to use the program in ONE WEEK by READING THE MANUAL and using it the next week AT
TRIAL. Such a brief encounter is not what I would
classify as the successful implementation of a systematic software program. It is tantamount to
going to one seminar and thinking that you have everything you need to know to become a jury
consultant. Much more thought and planning needs to be given to the need for training than a free
weekend on the calendar.
There are different levels of software users: 1) decision makers who evaluate and purchase
software (management); 2) those who expect the software to magically deliver a certain product
(management and attorneys); 3) those who are charged with organization and delegation of tasks
associated with the product creation and delivery of the finished work product (paralegals); 4)
those who perform the routine tasks of assembling and entering data to generate the desired product
(clerical/admin support ); and 5) new hires that may be members of any of the three other levels,
but will almost always be behind the learning curve as they adjust to a new environment. Too often
one or more of these user groups is ignored in the training process, thus creating a knowledge gap
that impedes efficiency. Each user level will require
distinctly different types of training at properly determined overlapping intervals, so that in the
end, a maximum return will be gained on the purchase of software in the form of increased
productivity, lower outsourcing costs, and more control internal control. Attention must also be given to the integration of existing software products so
that users can be made aware of how to use certain software programs in tandem and eliminate
redundancy within the case management system and within the training system.
Two sources for training are (1) directly from the vendor and (2) outside technological
consultants. A vendor’s initial training may be
sufficient to get software installed and setup, and in many cases can be packaged together with an
annual support/maintenance plan. Consider using outside technological consultants to help design
intermediate and advanced training materials or to help develop an in-house training program that
will adequately address the needs of all levels of users, especially new hires who are behind the
learning curve. Reference materials and manuals (in
addition to the program’s online help files) that incorporate screenshots and/or video should be
provided or designed that are easy to understand are easily accessible to trainees, such as on a
network drive or intranet web page. A system should be
established that keeps these materials updated and incorporated into all training sessions.
Designating an internal point person to accomplish this task may be wise, even if a professional
consultant is retained to get the ball rolling. Although training sessions with a live trainer seem
to benefit students the most, e-training programs may be a viable option for students looking to
keep skills sharp.
The following are things that can help to make a software training system successful:
• Analyze
your needs
• Develop
training and documentation
• Design
or redesign case management systems
• Train
all level of users across working teams
• Retain
professional trainers or consultants
• Conduct
new hire training
• Train
your trainers
• Conduct
follow-up training at appropriate intervals to get maximum user benefit
Designing and implementing an effective training program will help legal assistants and
their respective firms yield maximum returns on their investments in time and money, which everyone
knows are both one in the same. Although such an undertaking takes time to carry out, the payoff
makes it more than worth the trouble. You will avoid costly mistakes such as buying software that is
never installed, improperly implemented, or under-utilized. In addition, you’ll get the most from
your software, and accomplish your objectives and solve the problems you have identified.
Carl W. Hayes
Certified TrialDirector™ Trainer and Technology Consultant
Legal Partners, L.P., Houston, Texas – Helping You Prepare For Trial from Day One©
E-mail: chayes@legalpartners.com
URL: www.legalpartners.com
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