This article was originally published in the Campbell Law Observer, a monthly legal newsletter published by the Campbell University School of Law in Buies Creek, N.C. To subscribe, contact Shannon Vandiver at (910) 893-1798.

Document assembly, at the most basic level, is the creation of new, complete documents from the combination of 1) new, and 2) existing information. The latest advances in this area are independent computer programs which are much more powerful than traditional document assembly techniques, yet still work from inside the familiar WordPerfect or Word program.

The ability to efficiently and easily reuse existing information is the key to making document assembly (a/k/a document automation) computer programs cost-effective. Reusing existing information is more efficient than retyping the information into the computer. Although document assembly may take on many forms, it is this basic concept that makes it so appealing to law firms.

Always apply six essential questions to every computer purchase you are considering:

Why do I need it?
Who needs it?
What does it do?
When should I buy it?
Where do I use it?
How do I implement it?

Why do I need it?

To save time and money by lowering the overhead of document production and its staffing.

Law firms create thousands of new documents each year. The ability to save time and effort by reusing instead of retyping can add up to big savings for most firms. Document assembly programs are well designed to do this quickly and efficiently. Look at your firm’s document production and determine its volume of repetitive documents. Assuming it is typical and generates a lot of repetitive paperwork, then your firm will benefit from the addition of one of these programs. A document assembly package will allow your firm to create documents efficiently and effectively.

Today, document assembly is the strongest weapon in your arsenal to minimize the overhead of document production. Proper use of the program will allow existing staff to be more efficiently utilized in other areas, or allow staffing needs to be reduced, depending on the situation.

Who needs it?

Most likely, everyone in the office would benefit from a document assembly program.

Some programs are best suited for staff, others for attorneys, and some should be used by all of the law firm's employees. Document assembly is probably appropriate for the entire office. Who does the bulk of the document production in your office? They will benefit the most from the addition of a document assembly program. However, unless the attorneys refuse to do even rudimentary word processing, then they should learn to use the program also.

Traditionally, document assembly methods were primarily targeted at staff, but the new programs make repetitive document production so easy that it is more efficient to have the attorney produce these documents so the staff can be used more productively.

What does it do?

There are two basic types of document assembly, document automation and form automation. Both use basically the same concept except that form automation is generally performed upon forms supplied by a third party whereas document automation is usually performed upon documents created by you. Each has its place in the modern law firm but certain types of practices will best utilize one or the other.

In document automation, the base document (the document you are using to create the new automated template from) is usually an existing document which is present in a word processor file format such as Word or WordPerfect. The variables are portions of text which are likely to change from client to client or document to document. During template creation the variable fields are inserted directly into the editable text of the document. Now, when assembling the document, the new information is placed directly into the word processor file replacing the variable. Voila! A new document!

In form automation, the base form is not in an editable format like Word or WordPerfect. It exists only as a picture or graphics file such as a fax or bitmap. This means that only the new information can be added or changed, it will not be possible to change any of the original text of the form. Typical file types are .bmp, .tif, .pcx, .gif, .jpg, etc. The program then places the new information on top of the picture instead of actually in the picture itself. This is called an overlay. Therefore, unlike an automated document, an automated form is actually two items placed on top of each other. Likewise, when an automated form is assembled and printed, the printer is actually simultaneously printing both items on the paper. This is unlike the automated document which only has one layer.

Automated documents typically include contracts, deeds, wills, letters, etc. Automated forms would include AOC cover sheets, SBI driving record forms, Federal Bankruptcy forms, etc. Of course, any form could be recreated in a word processor format but, if you have ever tried it, you know how difficult and time consuming it is. Form automation happily dispenses with that nightmare.

The act of document assembly has been around in simpler forms for many years. The term encompasses a variety of levels of complexity, from cut and paste to true automation. Let’s review the various levels in use today.
Cut & Paste

The most basic document automation is the cut and paste method. An existing document is chosen as the basis of the new one. Changes are made by cutting out irrelevant information and copying and pasting new information in its place. The Find and Replace functions are also highly used. This method is widespread and will always have a place in documents inappropriate for document assembly.

Templates

In Windows word processors, templates are the next level of complexity for document assembly. Templates are created by taking an existing document and placing highlighted spaces for the new information where they are appropriate, such as the name, address, date, etc. The template is then saved to a directory where it will be available in the future whenever a new document is begun. A list of the available templates will appear and the necessary one is chosen. The Tab key takes the user from highlighted space to space where the new information is entered. The new document is then ready to be saved. This method is less widespread because many users do not know how to use it, especially across a network. It works best for form letters and simple documents.

Merge Codes

In DOS word processors, the next level of complexity is merge codes. This worked quite well in DOS even though the expertise required of the user was very substantial. Almost anyone could use the merge function easily enough but only expert users knew how to create one. This method is still extensively used in firms using DOS WordPerfect.

Macros

In Windows, this is roughly equivalent to the macro capability of the programs. The Windows macro capability is not nearly as flexible as the DOS merge function. Much of this is due to the increased use of mouse commands in the Windows word processors which cannot be made part of a macro. The user must figure out a keyboard based method of accomplishing the desired function and often this is very difficult to do. Many of the advanced functions available in Windows programs do not have keyboard commands issued for them. The macro function in Windows word processors is not utilized nearly as well as the DOS merge function.

Document Assembly Programs

For Windows word processors, the next level of complexity is true document assembly programming. This includes both document and form automation. These are completely separate programs from the word processor, although most work through either Word or WordPerfect, which are like the merge codes of the DOS programs on steroids. Several advantages are derived over any of the more primitive methods outlined above.

Ease of Use

The advantage of Windows in general is the use of visual buttons, toolbars, or icons to help the beginner learn the program quicker. This same advantage carries over into modern document assembly programs. Even a relatively new user can pick up the basics of automating a new document template. This is a major benefit over DOS merge programs. First, let's look at how document assembly programs generally operate.

The process of inserting new information into an automated form or document to produce a completely new document is called "assembling" the template. This is because the new information which you provide and the original base template of unchanging information are put together or "assembled", thus creating an entirely new document.

The base template can be created in various ways but usually an existing document which is known to be valid is used. The information which changes from client to client or situation to situation is then identified. Then this information is replaced by variables. The variables are often represented by questions. When the questions are answered, these answers are inserted in the place of the variable. In this way, an automated document can be quickly created from an existing document. Form automation is similar except the variables are placed in the blank answer spaces provided on the form. Everything else works much the same. Let's look at an example of how this works.

The underlined portions represent the changing information in this example. The rest of the example is unchanging and becomes the base template. We then replace the underlined portions with variables.

Now we can create questions for each variable. For example, Variable1 = What is the Seller's name? Variable2 = What is the Buyer's name? And so on. These questions will pop up for the assembler to answer. The answer provided will replace the variable in the finished document. The creation of the template is as simple as highlighting the text chosen as a variable, selecting the type of variable desired, (i.e. text, date, number, etc.) and them creating the question which the assembler will answer.

Greater Power & Flexibility

In addition to these functions, other tools provide power and flexibility which places document assembly programs in an entirely different league than merge codes. The ability to replace text throughout a document by typing it in once is typical of most programs, i.e. typing in the Plaintiff’s last name - Smith - replaces it everywhere in the document it appears. However, not only do modern programs allow text, dates, and numbers (called variables) to be inserted, they also utilize multiple choice options and perform complex computations with the other variables.

Another function is the ability to insert conditional or logic statements. This feature allows the inclusion or exclusion of specific portions of text depending on whether the assembler tells the program to include it or not. This is very useful for documents such as a contract, will, or any type of document that uses standard clauses.

Other specific features of these programs are too numerous to cover here but two recent features must be mentioned because of their impact on the way law firms produce documents.

When a document is "assembled", the assembler is actually providing answers to the questions which represent the variables. Newer programs allow the answers to be saved to a file so that they may be reused in other documents! So the answers to the fee agreement can be reused in the representation agreement and again in the contract and again in the articles of incorporation, etc. This is a major advance in the preparation of documents. Now even the changing text can be reused easily and efficiently. As if that is not enough good news, some of the major programs, such as HotDocs, can use the information which you enter into your case management program to answer the variable questions! Finally, technology has reached the mecca of one time entry of data. This is a fantastic benefit for the modern law firm.

When do I buy it?

The best time to add this program to the mix is when everything else is stabilized. This is especially true of the word processor program. If your firm is moving to a new word processor or to a Windows version of your existing word processor, allow some time to pass before implementing a document assembly program. This allows everyone to focus on the new program which leads to a quicker learning curve. This, in turn, provides a better return on investment.

Where do I use it?

Document assembly is designed to handle the repetitive documents that the law firm must produce in quantity. If a document, such as a contract, will have specially worded clauses instead of standard clauses, then it may not be a good candidate for document automation. However, a contract can be very client or situation specific and still fit into document assembly quite well.

For instance, business contracts have a variety of clauses which may or may not be appropriate for a given situation. These clauses generally have two flavors, buyer oriented and seller oriented. However, both types of clauses have become highly standardized as to content. Thus, this type of document can be easily automated by providing both types of all clauses and choosing the ones appropriate for this particular contract.

Another example where document assembly does not work well is with documents which are used sporadically or only once. The time that it takes to “automate” the document has to be recouped in order for document assembly to benefit the law firm. Low volume documents must be evaluated in order to determine whether it is worth the time and effort involved.
Document assembly works quite well with mid to high volume documents. A firm that decides to incorporate document assembly into their practice should devote time to evaluate the volume of its documents. The document used most should be first to automate, second most automated second, etc. Do not be misled into thinking that the complexity of the document makes any difference. It is the frequency of its production which should guide the order of automation. Once a firm has automated all of its mid to high volume documents, then it can add lower volume documents during any slack periods which may occur.

How do I implement it?

Make sure that you purchase licenses for each person in the office who will be using the program simultaneously. The maximum number of licenses would be one for each workstation computer in your law office. If Susie and Lisa each have their own computer but Susie will only be using the program in the morning and Lisa only in the afternoon, then this generally only requires one license. Make sure you read your licensing agreement to ensure compliance.

The next step is to train one or two of your most technologically adept employees to be the template creators and trainers of the other employees. This is best accomplished by hiring a professional trainer to tutor these employees from beginning to advanced level in a short period of time. Although it may seem expensive to pay $500.00 or so for training, the return on your investment in the computer program and training will be much quicker with proper training. The climb up the learning curve will be greatly accelerated by such training. This will allow these key employees to begin to create templates while the rest of the firm is still producing documents the old way. The program should be installed during this interim period on the computer of each employee who will use it. Once a number of the most beneficial templates are created and tested, training of the rest of the employees in using the program should be scheduled. This training is quite elementary and should not take more than one hour. The firm should decide if additional training in how to create the templates is warranted.

It is my firm belief that virtually all of a law firm's return on investment in computer hardware or software comes from training. If you cannot figure out how to accomplish it, then hold off on the implementation until it can be worked out.

Conclusion

Work through each of these areas and see if document assembly could make your law office more efficient. Although it is rare, I have been to law offices which would see little benefit. Always remember that technology for its own sake is not a valid basis for purchase and implementation. Make sure that every purchase fits your law firm needs.

Lee D. Cumbie is the founder of Cumbie Law Office Automation Consulting. He is also an Adjunct Professor of Law at Campbell University where he teaches the Law Firm Computer Lab course. Lee also practices law in Fayetteville, N.C. focusing on computer law and estate planning.
Lee earned his B.S. degree from Regents College after leaving military service. He earned his J.D. from Campbell University, cum laude, in 1997.

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