THE OKLAHOMA BAR JOURNAL 62 | JANUARY 2025 There are numerous providers of document automation solutions. Product names keep changing, and new products are introduced frequently. Some of these offer template creation as a part of their services. Here is a list of leading document assembly products (my apologies to those omitted – it is a constantly updating category): ActiveDocs, Aurora, BigHand Create, Docassemble, Docmosis, Docrio, Doxserá, DraftOnce, Formstack Documents, Forte, Gavel (formerly Documate), HighQ (formerly Contract Express), HotDocs, Innova, Lawyaw, Leaflet, PatternBuilder (formerly Afterpattern), Rapidocs, Templafy, TheFormTool PRO, Woodpecker, XpressDox and ZumeForms. PRACTICE MANAGEMENT SOLUTIONS Lawyers who use practice management solutions (PMS) already have all the relevant information about a client’s matter entered into the digital client file. It makes sense that a document assembly program either contained in the PMS or linked to it would make for a convenient method to automatically create documents. The people at the PMS companies appreciate this reality as well. They are all working on tools to export data into documents. So if you are using one of these tools that doesn’t appear to have document assembly, check the company’s website or contact them to see what progress has been made and when the release is planned. WHAT ABOUT BILLING? Oklahoma City attorney Mark Robertson and I have written books for the ABA on alternative billing practices. We anticipated that automation tools would significantly reduce the time lawyers spend on routine tasks. Numerous new and enhanced document automation and AI tools have been introduced to the marketplace. While these tools offer time-saving benefits, they may also pose challenges for those who adhere strictly to hourly billing practices. The best way to account for the time-saving advantages of this tool is to share the benefit with the client. The automation process may not happen overnight; therefore, many fee agreements will likely contain a mix of hourly fees for situations that are more difficult to predict or automate and flat fees for those tasks that have the benefits of automation. One method of setting those flat fees would be to determine how much was typically charged for the task under the hourly billing method. Then, you can set a flat fee at some reasonable percentage of the “old” fee. That way, when the clients inquire about the flat fee provisions, you can let them know you have automated this process, and it is now less expensive than it was previously. More cases may lend themselves to charging a flat fee for the entire matter. In flat fee cases, an executed attorney-client contract is very important. A clear list of what tasks the lawyer will do for the flat fee is vital. But even more important is setting forth any related matters the lawyer is not engaged to do under the agreement. Under Oklahoma law, flat fees should be deposited in the client trust account until earned. But that doesn’t mean a lawyer must track their time as precisely as a matter billed hourly. It is appropriate to set stages or landmarks where the matter is deemed half or onethird completed, and partial trust account withdrawals may be made on that basis. CONCLUSION Document assembly tools have already made a significant impact over the past decades, revolutionizing the way legal documents are prepared. From bankruptcy petitions to complex legal agreements, automation has streamlined processes and increased efficiency. As more lawyers seek to automate their own forms, the investment of time and money into these technologies appears promising, offering a substantial return on investment by saving time and reducing costs for both lawyers and their clients. Embracing these advancements will undoubtedly lead to more efficient practice management and improved client service. Mr. Calloway is the OBA Management Assistance Program director. Need a quick answer to a tech problem or help solving a management dilemma? Contact him at 405-416-7008, 800-522-8060 or jimc@okbar.org. It’s a free member benefit. Document assembly tools have already made a significant impact over the past decades, revolutionizing the way legal documents are prepared.
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