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Profile: Chad M. Papenfuss, Litigation Support Administrator, Fredrikson & Byron, Minneapolis, MN [10-11-04 by Regan Morris] One of the hottest fields in the legal profession is e-Discovery and electronic information, according to Chad Papenfuss, litigation support administrator at Fredrikson & Byron, Minneapolis. LawCrossing speaks with Papenfuss about the challenges of automating the law and his crusade to make legal documents a click away. When it comes to resurrecting old files that
your actual message. There are also the
experience and lots of technological aptitude
had been deleted, case law used to focus on
date modified and the date created. When
are important. He actually entered the field
whether or not it was possible to retrieve the
you print the data, you lose that background
as a law clerk and steadily rose through the
data in the first place. Nowadays, attorneys
information - which can get you in trouble.
ranks. With a degree in political science and
and judges presume forensic computer spe-
And it can cost millions of dollars to hire
a minor in Russian history, Papenfuss always
cialists can get just about anything from an
computer forensics experts to mine the data.
planned to become an attorney.
Papenfuss says it’s best to store your own
But the exorbitant costs of law school and
data to begin with. Instead of litigation sup-
family commitments convinced Papenfuss
Chad Papenfuss, litigation support adminis-
port administrator, he says his title would be
that there were other ways to pursue a
trator with Fredrikson & Byron in Minneapo-
more appropriate as “practice support spe-
legal career. He started his career “in the
lis, calls e-Discovery “the hottest field right
cialist” since much of his job involves train-
trenches” as a case clerk and became a
now in litigation automation.” He estimates
ing attorneys and helping them to automate
paralegal before becoming interested in the
that the industry could grow into a $5-bil-
their practice. He also helps them present
burgeoning litigation support field.
lion-per-year business in the next couple of
evidence through high-tech displays.
old hard drive. The big question today is who will pay for it.
“I gained that simply by always being told,
years. “The challenge is to teach old dogs new
‘No, you can’t do that.’ And I said to myself fi-
As dusty old boxes of files are increasingly
tricks,” Papenfuss said. “They [attorneys] do
nally, ‘I don’t accept that. I’m going to go out
being replaced by slick CDs full of electroni-
not want to bite off the cost for automating
and find the education and then actually get
cally stored data, Papenfuss says many in the
right up front. They’re happy with their paper
into a position to learn it.’ And guess what, I
legal profession are confused about how to
cost.”
found out I could do it,” he said.
handle the e-files. Although automating a case immediately
He says many people who want to enter
“What used to show up as 10 or 20 boxes of
can involve hefty upfront costs, Papenfuss
the field overestimate their technological
documents now shows up in one or two CDs,
says scanning and imaging your paper files
aptitude. One recent applicant confused
and people are all in a panic: ‘Well, hey, what
from the beginning ultimately results in cost
computer memory with hard drive space, for
can we do? Can we just print that?’ Well,
savings.
example.
of documents or files, you can actually lose
“By automating, they can find those docu-
Papenfuss has worked for several vendors
data. Technically, it’s called meta data,” he
ments in seconds instead of what could be
who specialize in automating legal docu-
told LawCrossing.
hours or days or even weeks,” he said.
ments. That experience helps him keep up to
There has been recent case law in which
Often it is a paralegal - not an attorney - who
attorneys have gotten into hot water with
is asked to rummage through boxes of files
“The fortunate thing is I’ve been on both
judges and even been sanctioned by the court
for a certain document, which may be why
ends. I’ve been on the law firm end and on
for presenting documents with missing meta
some attorneys are not as convinced that
the vendor side, those vendors that supply
data, he says.
automation makes life easier.
the automation services. So I have a feel for
When you send an email, it’s not just the
Litigation support people have various
ence as an administrator now to reflect or
“to” and the “from” that are relevant beyond
backgrounds. Papenfuss says some legal
really push at least what I think are the main
yeah, you can, but if you print certain types
date with new technologies.
both sides, and I am able to pool that experi-
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LEGAL STAFF TRAINING CORNER
themes, the main ways that people try and present cases.” In litigation, Papenfuss says his team often uses graphics and Flash presentations similar to what evening news programs like “Dateline” or “60 Minutes” use. But sometimes old-fashioned paper is the best way to give jurors the feel of a case. He says judges are finding that automation can shave the time of a trial by as much as 30 percent. “So obviously for economic reasons they’re pushing that. A picture is worth 10,000 words,” he said. “But it’s not all electronic presentations, for the right things you actually do still use very effectively what might be a paper handout to give the feel and touch of, say, the magic contract in your case.”
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