Georgia Law Blog

Case Management System: We use Amicus Attorney

After graduating from law school in 1999, I quickly realized that it can be very difficult to manage information on cases. In my opinion, Amicus Attorney is a wonderful case management system. I have had Amicus Attorney for a number of years. Several months ago I upgraded to the newest edition which is Version 7. While Version 7 requires a lot of computer “horsepower” to operate, it is an all inclusive case management system that can be used by attorneys and staff members with ease.

There are many advantages to using a case management system. For example, I can create letters and pleadings within a few short clicks of the mouse using Amicus Attorney and Microsoft Word. Also, I have linked each client’s paperless file to the Amicus Attorney system. If I click on the file in Amicus, it is very simple to pull up all the electronic scanned documents. One of the most important features of Amicus, in my opinion, is the built-in-ability to calendar your files. While I make it a practice to use a dual calendar system (maintaining one calendar in Amicus and a paper calendar), I have found that the Amicus system has been reliable. I also use the events feature in Amicus Attorney to calendar certain events such as preparing for court, giving deadlines to the staff for certain projects, and calendaring Statutes of Limitation. These events can be linked to each other and re-used in a few easy steps.

In the past, I have considered other case management systems. I have a current copy of Time Matters and Needles on hand. I have not transitioned to Time Matters or Needles for several reasons, although I have had extensive discussions and beta tested these programs. For my practice, Amicus Attorney works wonderfully and is easy for new employees to learn. While I believe Time Matters, in many ways, may be a more customizable management system, I found that it may be more difficult for people to grasp. Needles is also a wonderful case management system especially for personal injury lawyers. However, it is primarily designed for attorneys who handle injury cases and is also significantly more expensive.

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Posted In: Law Firm Technology

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On September 13, 2007, the Georgia Court of Appeals issued its decision in the case of YKK (USA), Inc. et al. v. Patterson. This case involved two important issues. First, the Court of Appeals held that the injured worker did not prove, by a preponderance of the evidence, that she suffered an on the job injury in accordance with Georgia workers’ compensation law. Second, the Court of Appeals found that the Superior Court errored by remanding the case to the Administrative Law Judge instead of the State Board of Workers’ Compensation.

This case presents an interesting issue. In Georgia, there are several levels of appeal an injured worker or employer / insurer must go through before attempting to reach the Georgia Court of Appeals. In my opinion, there are too many levels of appeal. For example, in every appeal that reaches the Georgia Court of Appeals, there have already been two levels of appeal. First, one must appeal the decision of the Administrative Law Judge to the State Board of Workers’ Compensation. Second, the decision of the State Board of Workers’ Compensation can be appealed to the Superior Court of the county where the injury occurred. Only then can a party make application for discretionary appeal to the Court of Appeals. Thereafter, the Court of Appeals’ decision can attempt to be appealed to the Georgia Supreme Court. I often wonder if some of the red tape could be cut in order to streamline the appeals process, especially for injured workers.

Posted by Jack E. Clay | Permalink | Email This Post

Posted In: Georgia Workers' Compensation Case Update

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On September 11, 2007, the Georgia Court of Appeals issued its decision in Paschall Truck Lines v. Kirkland. In this case, the injured worker was hurt in a truck accident when another commercial vehicle struck the vehicle he was driving. He collected filed a Georgia workers' compensation claim and a Kentucky workers' compensation claim. When the Georgia personal injury / truck accident claim settled for $100,000.00, the workers' comp. insurance company sought to recover money based on a purported lien.

This case is governed by O.C.G.A. 34-9-11.1(b) which states that for an insurer to successfully intervene and recuperate money paid to an injured worker in a third party personal injury case, the insurer must show that the injured worker was fully and completely compensated for economic and non-economic damages.

This case was a victory for the injured worker. Workers' compensation insurers in Georgia often try to get paid back from personal injury settlements or verdicts that injured employees bring against third-parties. In some states, the workers' compensation insurance company has strong rights of recovery. This is not the case in Georgia. I have been successful in my handling of similar cases in maximizing the recovery on behalf of my clients. Interestingly, some claimants' attorneys are especially loathe to repay a workers' compensation insurer because they feel the fruit of their efforts (i.e. compensation) should go to their clients and not the insurance company.

Posted by Jack E. Clay | Permalink | Email This Post

Posted In: Georga Personal Injury Case Update , Georgia Workers' Compensation Case Update

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The Paperless Office

I am proud to say that I have successfully transitioned from a paper to a paperless office. While it would be a stretch to think we could eliminate paper altogether, I have found that the efficiency of a paperless office is tremendous. If you are considering going to a paperless office, I would make the following recommendations.

First, you need a fast, high-quality, and reliable scanning and copying unit. I decided to purchase a Cannon Imagine Runner 5000. This is a large scanning and copying unit that scans approximately 60 pages per minute. Although it only scans in black and white, I also purchased a smaller color flat-bed scanner for pictures and other demonstrative evidence.

Second, many attorneys have a mental block to having a paperless office. In my case, I had to struggle a good bit with transitioning from a paper to a paperless office. I will tell you most of the struggle was in my head. To me, viewing documents on a large computer screen is much quicker and efficient than shuffling through hundreds of pages of paper. It is especially useful to me as many of my serious injury cases contain thousands of pages of documents. Of course, it helps to have large monitors and dual monitors in some cases. I use a dual monitor set-up and I am considering having the staff transition to dual monitors. All of the monitors in my office are 19” or larger LCD flat panel screens. This is essential for operating efficiently in a paperless office.

Third, you have to implement a hardware and software system to accommodate your paperless office. The most important piece to this puzzle is having a set routine for the way documents are handled. When documents come to my office, whether they arrive in the mail, fax, or by hand-delivery, they are immediately scanned into the computer system. All documents are placed into a folder that is accessible on my database called Scanned Documents. From there, the documents are re-named and moved to the appropriate folder. For those of you who are scared of losing documents, this is a fear that you can overcome with some planning and precautions. While there are hundreds of different back-up systems that one could utilize, I use an onsite back-up system and offsite back-up system which I will describe later in this article.

Posted by Jack E. Clay | Permalink | Email This Post

Posted In: Law Firm Technology

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In my opinion, settling a personal injury case or workers' compensation case around the holidays at the end of the year should be avoided under some circumstances. It seems that in my line of practice, there is a historical rush to settle cases by the end of the year. Law firms like to start out the New Year fresh and clients want money for the holidays. However, I believe that insurance companies know this all to well.

Let me be clear. I have settled many cases during the holidays if the circumstances are right. However, I generally try to discourage clients from settling due to the financial pressures and expectations the holiday season bring. I would be remiss if I didn't point out that sometimes insurance companies are motivated to settle cases at the end of the year as they may want to clear out cases / start out fresh in the New Year or want to set reserves. I believe that some companies have put more money on the table to close-out cases. Of course, this can also happen for any number of other reasons.

Going into the upcoming holiday season, I would like to remind everyone that while settling cases may seem attractive before the end of the year, let's take a careful look at the circumstances and conduct a careful evaluation of the case before jumping in too quickly.

Posted by Jack E. Clay | Permalink | Email This Post

Posted In: Car Accidents , Workers' Compensation Information

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Small Law Firm Office Technology

How software & hardware improves my Douglas County, Georgia, Personal Injury
& Workers’ Compensation Law Practice.

Why It Makes Sense

Technology makes sense in my law practice for a number of reasons. First and foremost, it makes me a more efficient lawyer. All of my practice is against insurance defense firms which are located in Atlanta, Georgia. These larger insurance defense firms usually have more resources at their disposal. Technology, in my opinion, is the great equalizer.

For example, using my case management software, Amicus Attorney, my case management software, I can create a letter or a pleading to an attorney in a few short clicks of my mouse. Most of the larger insurance defense firms have gone to a paperless system. I implemented a paperless office system a year or two ago. My paperless office system helps me compete with larger insurance defense firms by having information accessible to me instantly.

Second, I believe small law firms should rely heavily on technology as it offers the ability to service clients in a better fashion. When clients call, I can pull up their file with a few clicks of my mouse using my paperless system. In addition, I can contact a client quickly by telephone, email, or fax as their contact information is quickly accessible in my case management system.

I particularly enjoy reviewing documents with clients in my office. The days are gone when an attorney has to create paper copies and sit across from a client at a table reviewing the same document. Now, I use my projector to display documents on a screen which is large and easy to read. In fact, I went through several medical records with a client who suffered a very serious work related injury in my office just yesterday. We were able to discuss relevant information and review aspects of my client’s case in the comfort of my office without having to shuffle through hundreds of pages of paper. In addition, I printed some of the medical records for my client to have for her file at home. Clients enjoy this sort of presentation. It is very efficient and simple to print documents that are scanned into a computer system in my office.

Posted by Jack E. Clay | Permalink | Email This Post

Posted In: Law Firm Technology

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