April 8, 2008

Many automated conflict systems will search only those names currently established in your firm's billing and conflict database.  Preemptive Conflict Checking goes one critical step further - by exposing names found on pending intake forms that haven't yet been processed or accepted.  This announcement explains how to reduce the risk of missed conflicts using LSS Preemptive Conflict Checking technology.

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To minimize the risk of costly and embarrassing conflicts of interest, law firms are implementing “Preemptive Conflict Checking” technology.  Preemptive Conflict Checking is a feature of the LSS Workflow Management system that offers a level of protection which is far superior to other manual or automated conflict checking systems.  To better understand the concept of Preemptive Conflict Checking, consider the following scenario:

Potential Client #1
The president of “ABC Corporation” calls your firm for representation as a plaintiff.  An attorney gathers certain details about the potential case, including the names of officers at ABC Corporation, names of potential defendants, and so forth.  A staff member searches the firm’s conflict database for all of the names and presents the results to the attorney.  The attorney concludes that there are no conflicts and agrees to provide representation.  Work begins on the case, and later that day, all of the pertinent information is entered into the firm’s billing and conflict systems.

Potential Client #2
Fifteen minutes after ABC Corporation contacts your office, the defendant calls and speaks with another attorney at your firm.  As with the first potential client, this attorney gathers details and has another staff member search the firm’s conflict database.  Because the details for ABC Corporation have not yet been entered into the billing and conflict database, no potential conflicts are exposed.  The attorney reasonably concludes that there are no conflicts and agrees to provide representation. 

The Result
Your firm has agreed to represent both the plaintiff and the defendant – a clear conflict of interest.  Of course, it shouldn’t take long to discover the problem.  If resolved quickly, the mistake may not be that costly.  Regardless of the outcome, there is still potential for financial loss, embarrassment and damage to your firm’s good reputation.

As you can see from this scenario, timing is everything.  The entire problem stems from the inherent “lag time” between when an attorney gathers data to make an informed decision and when that information is finally entered into your firm’s billing and conflict database.  For some firms, this lag time may be just a few minutes.  For others, it might be hours or even days.  Even though each attorney used an automated conflict checking system, the search was performed against data that was not current, and the conflict was missed.

The Manual Solution

Law firms can reduce this risk by changing their own conflict maintenance procedures.  For example, the moment a staff member performs an initial conflict search, they could then immediately retype those names into the conflict database – adding them as “pending” conflicts.  Of course, someone would need to keep track of pending names, update the database later when the client number is established, or remove names if a case is declined.  A manual solution such as this is labor intensive and prone to error.  It will work if followed correctly and consistently, but there is a better option.

The Automated Solution – Workflow Management with Preemptive Conflict Checking

A simple automated solution to this tricky problem begins with Workflow Management software.  With Workflow Management software, client/matter intake forms are completed on-line instead of on paper.  Information is entered just once, and the software intelligently tracks and processes the data for you. 

Rather than hand-writing information on preprinted client intake forms, you simply enter the same information on-line via an electronic intake form.  This includes the names of related parties, officers, defendants, etc.  The on-line form looks much like the preprinted form everyone is already accustomed to using.  And it’s as easy to complete as the paper-based equivalent – it’s just on the screen rather than on paper.

Within seconds of entering names on the form, those names are automatically added to the conflict database as “pending” potential conflicts.  Anyone else searching for one of those names will see it listed as a “pending” potential conflict.  By simply switching from a paper-based intake form to an on-line electronic intake form, the issue of lag time described earlier is eliminated.

If the case is declined, the form can be deleted, and all of the names are automatically removed from the conflict database.  If the case is accepted, the “pending” potential conflicts are automatically updated as permanent names which are linked to the actual client and matter numbers. 

Preemptive Conflict Checking is a process that can search names that have already been established in your billing and conflict database, PLUS any “pending” names located on intake forms that have yet to be processed or accepted.

Other Workflow Management Features

Intelligent Conflict Searches
From the names already entered on the form, Workflow Management automatically performs conflict checks for you.  Using an exclusive intelligent search routine, the system automatically searches each name using a variety of techniques and permutations – exposing potential conflicts that might be missed by traditional automated systems.  No additional data entry is necessary.  It’s completely automatic.

Custom Approvals
Client/matter intake forms can be routed electronically to other users or departments in order to obtain various approvals.  All conflict reports are attached electronically, providing a truly paperless intake process.

One-Click Setup
When information from a client intake form has been approved and is ready to be entered into your billing and conflict systems, one click of a button takes care of everything.  The system automatically, and instantly, imports everything from the form.  Names, addresses, conflicts, contacts, file control, calendar – everything.  And the form is retained electronically as part of the permanent case record.

About Legal Software Systems, Inc.

Legal Software Systems, Inc. (“LSS”) develops and supports comprehensive management software, designed exclusively for law firms.  Since 1984, LSS has continued to pioneer new and improved ways to integrate data and processes for the benefit of its clients.  LSS was also the first company to develop a fully-integrated legal management system that incorporates a true workflow management solution.  And for over twenty years, LSS has consistently provided service that remains the envy of the industry.

For more information about LSS Workflow, or any of our other integrated software products, please call
800-331-4122.  A product specialist will answer any question you have, and can provide a personal on-line demonstration at your convenience.