This week we are continuing to talk about “tips” regarding the area of “administration.” Remember, “administration” is the second element that makes up one of the five elements that are part of every business in the world. The first item was “clients” or “customers.”

I was trying to think of a catchy way to introduce you to this week’s “tip,” but the more I thought about it, the more I realized simply telling you about a system we use in our office in a straight-forward manner, would be the best way I could give you the information. As you know from previous articles in our office we use some great business forms made by Safeguard Business Systems, Inc. This company is located in Pennsylvania, but they have a local dealer here in Kansas City. Our office has been using these forms since approximately 1976 and we have found nothing better from a hard copy point of view. In a couple of weeks I’m going to summarize a series of forms we use and try to translate those hard copy forms over to the electronic version so you can see how to utilize various software packages available that can take the place of hard copy forms. This will help create the same type of forms on an electronic basis.

The New Matter Form

The form I will discuss this week is the form called the “New Matter Index Set.” We have previously talked about New Matter Reports and that form was a Safeguard form as well. Additionally, last week we talked about a tickler card system and that form was also a Safeguard form. One of the best things about the Safeguard forms — they are prepackaged with carbons in them or they are self-carboning so the concept of utilizing these forms becomes a “one write” system.

The New Matter Index Set has a whole series of great concepts built into a single preprinted pre-carbon prepack form. For a copy of the New Matter Index Set, email me at mail@wirkenlaw.com

When you have this set in front of you, the first thing you can do is to put the whole thing right into a typewriter and you can see you can fill in all of the information you need in order to take the information from the New Matter Report and put it right on this Index set.

After you have typed in all of the information, you then pull the bottom tab off of the set and you will have the following pieces of paper in your hand:

1. A white piece of paper entitled “Matter File Folder”;

2. A blue piece of paper entitled “Responsible Lawyer”;

3. A green piece of paper (how appropriate) entitled “Accounting”;

4. A pink piece of paper which is entitled “Opposing Party File”;

5. A gold piece of paper entitled “Tickler Card”; and

6. A hard manila card marked “Master Alpha Index.”

This is how these particular pieces of paper are utilized in our office.

1. Matter File Folder: The most beautiful thing about this particular piece of paper is that it is precut along two places to allow you to pull a strip off of the paper and literally put it on your file so you can name the client’s file by affixing this strip. Additionally, the strip is pre-glued so you can simply wet it and stick it on. In our office we also put clear tape over it to be sure it does not come off the client file. We utilize the bottom strip for labeling the client’s file. What is left over is a 3x5 square that again is pre-glued and can be affixed inside the client’s folder giving additional information inside the folder that also can be checked when needed against the New Matter Report and the Prospective New Matter Report that are already on the appropriate backboard in the client’s file.

2. Responsible Lawyer: In our office we do not use this piece of paper, but it could be used as a 3x5 card to be filed alphabetically by the client’s name in an appropriate box on the responsible lawyer’s desk so the responsible lawyer would always have at their fingertips the information they need with regard to a particular client that was filed alphabetically under the client’s name.

3. Accounting: This card goes to the accounting office for the bookkeeper to be able to keep the information as to which matters are opened and closed in our office and you will note there is a place on this card for the “fee basis” so there is no guessing exactly how this file is to be billed.

4. Opposing Party File: This pink piece of paper is filed in a 3x5 card box that allows very quick checks of conflicts of interest.

5. Tickler Card: In our office we have elected to not utilize the yellow piece of paper as a tickler card because it does not seem to hold up as well as the manila card entitled “Master Alpha Index.” Instead, we use the yellow card marked as “tickler” as our master client card and file it in a 3x5 box for our master client list in addition to what is on our billing system.

6. Master Alpha Index: This manila card has become our “out of sight, out of mind” card. These cards are utilized by putting a date on them in the Tickler Date box and when used up you can write the word “over” in the Master Alpha Index entry and you can start dates down the back of the card. My general practice is to have half of all the cards come back to me on the 10th of the month and the remainder to come back to me on the 20th of the month. This way every single month I see every single card on every single matter in the office, and this continually reminds me as to what we are working on and what needs to be done in order to continue to move these cases forward. Where appropriate, you can have the card come back to you on a three-month basis, a nine-month basis or a one-year basis. These cards are placed in a 3x5 card box for the appropriate dates and are pulled and placed on the responsible lawyer’s desk so the responsible lawyer can review the cards to be sure all the matters are being handled in a proper fashion.

I think you can see this is a very effective manual and paper based system for getting your files opened, setting up a manual conflicts check as well as setting up a manual client database and reminder system.

I thought I couldn’t imagine a set of circumstances where a lawyer would not have available the kind of information the lawyer needed in order to review prospective new matters; open new matters; get contracts or engagement letters; send non-engagement letters (both keep and kick); have a tickler card system and a client information, conflict out of mind system, but, believe it or not I have seen law firms where substantial parts of these kinds of systems are totally missing. I have often stated it is “legal malpractice looking for a place to happen!”

It is incredibly reassuring to know the same information is always in the same place, and the utilization of forms such as the New Matter Index Set insures this information is all accurate because it is all prepared at the same time.

It is also reassuring to be able to instantaneously go to a client information card index and get the information you need even if you don’t have the file. Being able to quickly check conflicts of interest is also very helpful through the maintenance of a conflict of interest card file or database. One of the most overlooked benefits of this system is the “out of sight, out of mind” card. It is very reassuring to be able to have a card you know will come across your desk once a month and will remind you of a matter in your office and that the client is expecting you to perform legal services for them. Additionally, it is reassuring to know you have enough work to keep yourself busy, and when you perform the services you have been called upon to perform, you can get out a bill and the client will pay it. Remember — “positive cash flow is happiness!”

If you don’t have some type of a system for keeping client information, conflict information and a system for constantly reminding you what kind of work you have in your office and what needs to be done, you need to start such a system immediately. The utilization of a hard copy system is very easy, and once you have gotten to the point where the system works well, you can easily convert it over to an electronic system as well. If you don’t have such a system in your office, get one, set it up, use it and you will find you are much happier knowing you have an automatic system that keeps you on top of what you are supposed to be handling. If you set up the system and work the system you will reap the benefits and rewards of both piece of mind and client satisfaction.

Next week we are going to talk about client files. I’ve seen about every type of client file there is. I have seen color-coded systems, numerical systems and alphabetical systems. I am going to talk about the benefits and detriments of all of these systems and will introduce you to a concept that is a watch word for all of the types of systems you need to set up an efficient administration of your law office. This phrase is: “set up systems for the ordinary, not the extraordinary!”

I think you will find some of my comments interesting with regard to client files on how they are set up, how they are utilized and maintained and why good file maintenance promotes good practice.

Talk to you next week!

Jim Wirken is a civil trial attorney and the Chairman of the Board of The Wirken Law Group in Kansas City.