Chad M. Papenfuss, Litigation Support Administrator, Fredrikson & Byron, Minneapolis, MN

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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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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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