February 2000

Infrastructure for the Information Age

by George Fremder Jr.

It was the biggest case the firm had ever handled. They ran three tracks of depositions simultaneously, five days a week for six weeks. At one point they conducted five depositions in three cities in one day. They gathered masses of information.

Ten years ago -- even two years ago -- it would have been difficult for the firm to manage that much information. The lawyers would have had to slow the deposition schedule to allow time for transcription and review. Today they are limited only by the speed of the stenographer's fingers.

"Real-time court reporting allowed us to transcribe the depositions instantaneously," said George Socha, an attorney who directs legal technology initiatives at the Minneapolis law firm of Halleland Lewis Nilan Sipkins & Johnson. He says specialized software immediately translates the stenographer's notes into text, which is downloaded into a searchable database.

"When we need information about a specific topic, we search the database," says Socha. "We get a list of references to that topic made in every deposition or document we've downloaded. It saves a tremendous amount of time."

Welcome to the world of real-time law. Technology makes it possible for lawyers to conduct depositions and use them in court the same day. Overnight trips for short hearings are no longer necessary where courtroom videoconferencing allows lawyers to participate in absentia.

"Our profession is evolving," said Don Nichols, chairman of the Minnesota State Bar Association Technology Committee and senior partner of Nichols, Kaster & Anderson in Minneapolis. "The pace of change will just get faster and faster. That's something we're going to have to live with from now on."

Nichols is one of many in the Minnesota legal community who are pushing the move to "automated" law. United States District Court Judge John Tunheim currently is leading a project to bring automation to all the federal courtrooms in the Twin Cities.

"The idea is to have a fully automated courtroom in which attorneys will use systems designed to better display evidence," says Tunheim. "It will be much more helpful to juries and others in the courtroom who need to comprehend what's going on." "That's the whole idea," he added, "to improve the ability of attorneys to present evidence and help juries understand better."

Tunheim says one of the most problematic elements of the federal courtroom upgrade is the lack of telecommunications infrastructure in the courthouses -- especially in St. Paul. "Getting the capacity is the problem," he said. "We have to tear up floors and put in wires where they weren't envisioned in the past. Even with our new courthouse, we're having some difficulty finding enough room for all the wires we need."

George Fremder Jr. is second vice president, corporate services, with Minnesota Life Insurance Company, where his responsibilities include, among other things, heading the design/construction team for the 401 Robert Street construction project.

"The pace of change will just get faster and faster."

Law firms are facing the same problems. Many buildings in Minnesota -- even some relatively new ones -- were not built with telecommunication needs in mind. Expensive retrofits drain resources at a time when competition is stiff. "There are four levels of development," says Socha. "Bleeding edge, leading edge, mainstream, and trailing edge. If a firm decides to position itself in one of those first two categories, it must find a way to avoid remodeling with every system upgrade."

A cost-effective infrastructure will support a firm's telecommunication needs well into the future, despite the rapid pace of change. Socha and Nichols agree on the basic criteria:

• Fiber Optics.Transmitting and receiving large files electronically requires large line capacity. Fiber optic cabling allows rapid transmission of databases, videos, graphics and other "mega-files".
• Ability to Add and Manage Cabling. Though law firms may believe they have enough cabling to meet future needs, that's seldom the case. "You need bundles of cable-carrying ductwork, not just one," says Nichols, "and a database that explains which wire is carrying what information. Keeping the database current saves money in the future."
• Reconfigurable Space. Many floor plans limit workstation locations -- computers must be placed in specific sites to have access to network cabling. "Modularity is important," says Nichols. "The law and the way we practice law are changing. We need to be able to easily and inexpensively set up and take down offices and reconfigure work spaces to accommodate frequent change."
• Uninterrupted Power Supply (UPS). Back-up power generators and the absence of power surges and dips are essential for firms that rely heavily on telecommunications. Back-up generators and UPS minimize the likelihood of data loss caused by power problems.

Minnesota builders are responding to law firms' need for more technological capability by installing hefty telecommunication infrastructure in their buildings. Minnesota Life Insurance Company's facility under construction at 401 Robert Street in downtown St. Paul is an example. "We've designed this structure with future needs in mind," says Julio Fesser, manager, space planning, Minnesota Life. " We built it for long-term cost-effectiveness, with plenty of telecom infrastructure."

"It has a fiber optic backbone that provides dedicated lines for tenants all the way to the T-3 hookup with the phone company," says Dick Zehring, Welsh Companies. Tenants also can lease access to the T-3, providing the fastest Internet connection available for a low cost. 401 Robert also features in-floor, modular cabling that allows neat and easy access and complete flexibility in workstation location. Floor and carpet tiles lift out and fit seamlessly back into place. Other high tech accoutrements include a "smart" elevator that knows where passengers are going before they board; "intelligent" lighting that reduces power to the fixtures in full sun and brightens them when it's dark; backup UPS power generators; and many redundancies in systems throughout the building.

"Technology for technology's sake is not the goal," says John Sonsteng, a professor at St. Paul's William Mitchell College of Law and a legal consultant with clients around the globe. Through William Mitchell, Sonsteng has been working for 15 years on a model law office for student use. "We want to teach our students how to manage their business. Most law schools don't do that," he says. The college has set up three model courtrooms but the model law office project has proven more difficult. "It's important that this be done," says Sonsteng. "In the practice we don't experiment. Lawyers try, but the risk is too high and too expensive. When you look at office designs and use of technology, we buy what's there. But things change quickly and the costs of replacing systems are too big." Sonsteng says Minnesota's lawyers need access to technology education and the resources to put it in place -- not just in the Twin Cities, but all over the state. "What about judges and lawyers in Tower and Red Wing?" he asks. "They have the same need for courtroom, document and communication management as their colleagues in the metro area." "The idea," he adds, "is to make the law more accessible to more people. And telecommunications can make that happen."