Understanding the Profession and Its Ethical Obligations

Paperless Office

Memorandum

To:                       Office Manager

From:                  Jadeane Jones

Date:                   September 17, 2015

Subject:              Advantages and Disadvantages of the Paperless Office

 

 

With the sophistication of modern hardware, software and Internet services, paperless offices are growing in popularity. Going paperless is a greener option than using reams of paper and may cut down on overhead expenses, but security and training issues can make it impractical to go paperless, depending on the size and needs of the firm.

 

Advantages

 

A paperless office uses less physical space when bulky filing cabinets are eliminated or reduced. In a paperless office, electronic faxes and email replace the need to print, mail and ship documents to clients, which reduces expenses, as does lowering your investment in reams of paper. The chances of losing important documents are lower when scanned and filed electronically, and the documents are often easier to find in an electronic system. The potential for misfiled paper documents is high. With the implementation of a well thought-out naming and storage process, going paperless can dramatically decrease the amount of time spent locating and retrieving documents, both current and archived.

 

The actual use of documents is also improved. Documents are instantly accessible and can be simultaneously accessed by more than one staff member. The cumulative effect of these benefits is increased productivity and efficiency for all staff members. More and more, people are choosing to work away from the office. A paperless office allows staff to remotely access the firm’s files and work effectively and productively off-site.

 

Disadvantages

 

Not everyone is tech savvy in making that transition to a paperless environment, especially when one is used to doing data entry in paper. There is also a high chance of entering the wrong data. To achieve a 100% paperless office, one must have all systems automated flawlessly and this can cost time and money. Going paperless means vulnerability to unauthorized third party access or worse, data loss.  This is definitely bad news for confidential data stored online.  For this reason, we encounter cases of identity theft, credit card fraud, and many more.

 

Legal Guidelines Regarding Electronic Documents:

 

The Federal Rules of Civil Procedure require attorneys to provide electronically stored information as part of discovery, so it is essential that all members of the law office are familiar with electronic document procedures:

 

26 (a) (1) (A) (ii) a copy—or a description by category and location—of all documents, electronically stored information, and tangible things that the disclosing party has in its possession, custody, or control and may use to support its claims or defenses, unless the use would be solely for impeachment; . . . .

 

26 (f) (3) (C) any issues about disclosure or discovery of electronically stored information, including the form or forms in which it should be produced (.)

https://www.federalrulesofcivilprocedure.org/frcp/title-v-disclosures-and-discovery/rule-26-duty-to-disclose-general-provisions-governing-discovery/

 

The Colorado UETA establishes the legal equivalence of electronic records and signatures with paper writings and manually signed signatures, removing barriers to electronic commerce.

 

Based on Model Uniform Electronic Transactions Act, versions of which adopted by 46 states.

  • Applies to transactions between parties each of which has agreed to conduct transactions by electronic means.
    • “Transaction” means (except for certain limited exclusions) an action or set of actions occurring between two or more persons relating to the conduct of business, commercial, charitable, or governmental affairs.
    • This is the “eCommerce” part of UETA. (Gov’t can be a party to an agreement and all parties can agree to conduct the transaction electronically.)

http://www.ctmsoftware.com/ctmone_docs_master/ueta%20colorado%20uniform%20eletronic%20transaction%20act.pdf

 

Paperless Office is endless.

 

We are in the 21 st century. We have the technology to be 100% paperless and we all should have the desire to be there sooner rather than later. There is no good reason NOT to be as paperless as possible. We can learn from other States that are perfecting this. We do not have to reinvent the wheel. There is a global movement to “go green” and the technology to do so is inexpensive and right at our fingertips. We as a law firm need to do our part.

https://apps.americanbar.org/lpm/lpt/articles/ftr09095.shtml