The Content Below – Connecting with the Buried Business Information

By Jeffrey N. Barlow

126_content below“The ocean is a desert with its life underground
And a perfect disguise above…”

A Horse With No Name
America, 1971

The classic line from America’s forty-five year old classic would be just as true (though nowhere near as hauntingly beautiful and descriptive) if you substituted “file system” or “document repository” for “desert” in the above lyric lines. A pre-ECM/DMS (paper) document management system bore about as much relation to the information within the documents as a table of contents or index bears to the contents of a book. They were “pointers”; like a marine chart telling you where the deep water is. There was little to no information about the water itself, much less what’s in it, and what the things in it are doing. To get to the fish, or the information, you’re on your own.

The thing is, there’s a lot more room below the surface; so you can fit a lot more stuff. Plus, it’s three-dimensional (richer). Historically, though, getting to it has been a real challenge.

Today, the very nature of information is changing. We used to talk about “structured data” and “blobs”.  Structured data could be used, manipulated, measured, monitored, and so on. Information in the “blob” – that is, things like freeform text, audio, or video – had to be read, heard, or viewed to get any information from within.

Modern analytics engines feast on unstructured information.  For example, companies, law enforcement, governments, and who knows who else, monitor the twittersphere to keep track of what is currently of interest to people, what people are doing or planning to do, what people think about products or shows or political candidates or the weather, and on and on. Courts and those interested in courts are starting to realize that plugging more deeply into their “underwater” information can provide both real-time intelligence (for example, to assist judges on the bench) as well as a plethora of management information.

Across the business and government landscape, enterprises have been (proactively or under duress) reexamining the role that information management plays in their pursuit of their core missions. In many cases, and certainly in the case of the Justice System, the answer is that information management is what they do.

All of which calls into question the historic separation of the constituent “systems”: “Case Management Systems “, “Content Management Systems”, “Business Practices”, “Workflow”, “Jury Systems”, “Inmate Tracking Systems”, “Court Reporting”, “Accounting”, etc. While at the physical level there may be many systems, some of which are “electronically” integrated and some which are integrated through paper or people (affectionately known as “fleshware”), in the primary business sense, they are all components of one Information Management System.

Today, the “desert” (surface) is one or more interfaces with the “ocean” below. The conceptual distinction between a Case Management System and the other systems has meaning only when the technical separation imposes constraints. As a result, look for more and more transparent integration, at the user interface level, of the component systems; because the distinctions are just getting in the way.

For all these reasons, modern Case Management Systems can’t just sit on top of the desert. They have to have rich, fast, and flexible access to the ocean of vibrant informational life below the surface. For while the operations and activities of the courts have long sat firmly on top of that informational foundation, the courts’ relationship with it has fundamentally changed.

 

Bippity Boppity Boo – ECM, Workflow, and Magic

117_fairies
“Any sufficiently advanced technology is indistinguishable for magic.”
Arthur C. Clarke

Walt Disney was a man way ahead of his time. Yes, long before anyone coined the term, ole’ Walt managed to embed a major plug for advanced Electronic Content Management with configurable workflow into his 1959 classic, Sleeping Beauty. This feat was remarkable, even for Disney, considering that it would be decades before ECM would be invented.

Don’t just take my word for it; go watch the movie. Now, I’ll grant you he didn’t use the terms “ECM”, “configurable”, or “workflow”. No, futurist that he was, Walt cleverly used code words and allegorical situations. But, when you see the scenes in which the Fairy Godmothers try to manage their “household” WITHOUT workflow (they use the code-word “magic” instead; but, clearly, it’s configurable workflow), things are a hot mess. Once they return to using workflow – ok; call it “magic” if you insist – everything settles right in and works like, ahem, a charm.

Yes, the dishes put themselves away. The cake not only puts itself together, but it’s quality is without compare. That doesn’t mean the ladies don’t create the cake. They decide what the result should be and fashion a masterpiece. But there’s no muss, no fuss, and absolutely no wasted effort, duplication, errors, or sloppy work. Materials, ingredients, pots and pans, utensils – all arrive just when needed, then clean themselves and put themselves away.

And that, ladies and gentlemen, is a practically perfect illustration of the power of ECM with workflow. For those who have implemented it, the thought of doing without it, however briefly, is no less terrifying than the thought of cooking and cleaning without magic was to the Fairy Godmothers. For those who have not implemented it, the purported benefits sound like, well, magic.

Consider: Not only did the cake get baked; but all the ancillary prep work and cleanup were automatically executed as fully integrated functions. Suppose holding a court hearing operated the same way. No gathering documents and files; that’s done. No arranging the materials for the judge; that’s done, too. The judge can hold the hearing, the output (order, hearing, warrant, whatever) can be generated with a flick of the wand — uh, or the proper command issued by the proper person (there’s a difference between this and magic?).

Afterwards, the files and documents can hie themselves to their proper next places, be it “storage” or the next step in the process; notices can generate themselves, and so on. Moreover, for those who like to keep track of what’s been done (that is, every court manager who ever lived) all the proper recordings of what has been done, who was involved, and so on will be made without even asking. Want the answer to  any type of statistical or historical question? Just ask.

Walt even foresaw one of the less obvious considerations with using magic; at least, less obvious until the first time you get burned. That is, the need for security. Fortunately for today’s courts, they’re not the first ones to try using magic in the heart of the woods with Maleficent on the prowl. Today’s systems come with robust security; and staff awareness and training are among the highest priorities of professional court managers. Courts have gotten very good about keeping their windows and chimneys shut, so to speak.

And then, there’s the final scene. As the Princess and The Prince dance into Happily Ever After, the Fairy Godmothers each change the color of the Princess’s gown to conform to their different fashion tastes. What a concept: Configurable display, to suit the needs, wants, and preferences of each particular user. Guess what? Your wish is granted.

Bippity Boppity Boo.

Black Belt: Learning to Learn

113_black-beltThe term “Martial Arts” may seem strange to those who have never pursued them. To those who have, however, the term makes perfect sense. Karate, judo, tai-chi, kung-fu, and myriad others, are indeed arts, requiring years of dedicated study and practice to master.

That’s not to say that there is no benefit at the front end. Beginners can pick up the rudiments of self-defense in a relatively short order. Indeed, a lot of folks look no further, in the same way that tourists can pick up enough of a foreign language to get by on a vacation, although they cannot be said to “speak the language”. And, there are a lot of benefits that accrue at the outset: improved fitness, enhanced self-awareness, increased self-confidence, and so on.

Most of those reasons are why people take up a martial art in the first place. When they start, even achieving Green Belt status seems almost impossibly remote. Mastery requires internalizing a complex and non-intuitive set of reflexes that permeate every action and every thought. And there’s just no way to do that without investing a lot of time and effort. Thus, to novices (White Belts), the Green Belts appear to be outstanding, the Brown Belts appear to be perfect practitioners; and the Black Belts are practically gods.

So, here’s a bit of a surprise: A First Degree Black Belt, achieved after years of effort, does not mean that the person has learned all are there is to know. Yes, he or she has become highly proficient, both in the Martial Art and in life in most aspects of life in general. But achievement of First Degree Black Belt status means, within the Martial Arts community, that the recipient is finally qualified and ready to begin learning.

In that regard, the recent announcement that Macomb County, Michigan Circuit Court now processes more documents through its E-Filing System than are received in paper format caused me to reflect that Macomb County and others who have been diligently working on ECM for years are approaching new thresholds. Yes, the ECM systems long ago began providing significant savings, efficiencies, and improved customer service, much as a White Belt realizes great benefits from the first several years of training. But as the courts leave the old paradigm behind – shedding its old skin, as it were – after significant time, effort, and learning, they are positioned to begin leveraging ECM by fully shifting to information management paradigms unencumbered by the limitations of the old world. Things like automatic redaction, fully automated document lifecycle control, rich and detailed metrics of all kinds, real-time data aggregation, and much, much more will be just the beginning.

In fact, no one knows the nature and extent of the capabilities that will be emerging, because unlike martial arts, there are not generations of high-level Black Belts who have been here before. The currently emerging ECM-cognizant courts are the first generation.

The next several years will be interesting and fraught with possibility. Organization, including courts, have to “learn to learn”, just as people do. Many of those who embarked on the ECM journey years ago are, after years of effort and experience, becoming comfortable with Change Management at levels never before possible or even contemplated. For adults set in their ways (and courts, as we know, have been very set in their ways), learning a second language is usually pretty challenging. But learning a new language makes learning yet another language much, much easier. Likewise, fully internalizing a new technology paradigm such as ECM makes identification of and transition to even better operations significantly smoother and less traumatic.

Macomb County Circuit Court and its peers have come a long ways. More exciting, they are in much better position to move forward with each passing step. Tipping to a majority of e-filed documents is a big one. Moving up to the darker-colored belt. Congratulations; I look forward to watching as the journey continues.

 

Going Beyond your CMS with ECM

112_bucketMany CMS systems come with some form of a “bucket” that holds documents that can be attached to a case file. These folders of attached case file documents are a great resource when looking at a specific case. However, they leave a lot of the real value contained within and about the documents themselves.

An integrated ECM (enterprise content management) system can provide far more benefit than a simple bucket because it’s able to unlock:

  • The content of those documents
  • Much more detailed information about each document
  • Rich information about the documents and the information within them in aggregate form in ways that are helpful to the court

Courts love the benefits of the full text searching capabilities provided by an ECM system. Full text searching allows you to search using a combination of metadata and text search criteria, the contents of a document, an entire case file, a group of files, or even the global case file spectrum for information of value that would not appear as data in your CMS. Judges will find this capability can be particularly helpful when rendering a decision in regards to a motion, evidentiary hearing, or final judgment.

Documents have metadata associated with them. For many CMS, if you wanted, for instance, a list of all judgments on a particular defendant or case type, or to see all complaints filed by a plaintiff, performing this kind of search would be quite cumbersome, if indeed it was possible at all.  In comparison, with an ECM system, searches across documents and cases are quick, simple, and may even be set up to be automatic.

With a CMS, viewing multiple documents side-by-side, particularly if they are from different cases, is problematic.An ECM system makes side-by-side viewing simple and clear.

Another advantage is that some ECM systems, such as JusticeTech by ImageSoft, allows case file to be displayed differently to different groups of people. A clerk and judge may want to look at a case file set up differently because they have different functional needs. A modern ECM system can provide that flexibility without having to re-arrange, develop a “compromise” arrangement, or, worst of all, duplicate a file. Furthermore, documents that only the judge should see, such as medical reports and confidential information, can be made available only to authorized judges and staff.

To obtain the full benefits of an ECM, It is vitally important for the court that the ECM system have a seamless integration with the CMS. For a quick overview of some of the reasons, see the blog post Deja Vu All Over Again.Well-designed integration will make the overall system feel natural to users and be easy for the court to maintain, thereby helping with user adoption and the long term viability of the solution.

Justice Summit Reflection: From Case Management to Information Management

Experiencing June’s Justice Summit in Grand Rapids as usual felt like drinking from a fire hose.  Sadly, I have yet to master the trick of sitting in on three sessions at once, so will have to content myself with reviewing the materials and watching the videos of the sessions I missed when they are posted to the conference website.

IMG_1273I chose to follow the Case Management track, which Jim McMillan set up with his keynote on current developments in utilizing the plethora of data flowing from all forms of Electronic Content Management systems to enhance Case Management and Decision Support. From the fire hose I came away with, among other things, the following observation.

The justice system, often led by the courts, is approaching or at a “tipping point” in the management of information.  As I listened to how modern systems incorporate, integrate, and internally leverage the three traditional informational pillars – Case Metadata (Case Tracking Systems), Content (Document and Content Management Systems), and Process (workflow) – I realized that the improvements have gone beyond evolutionary to revolutionary.

Here’s what I mean.

The original electronic Case Management Systems (CMS) automated the systems previously kept in large files or books, typically called The Register of Actions, The Judgment Docket, and The Court Docket, or some similar terms.  Thus the DNA, or “lizard brain” of even the most sophisticated of early CMS were electronic “direct descendants” of the old, physical record. As such, they are of course “case-based”.

Likewise, Electronic Document Management Systems (EDMS) automated what had previously been physical case files. Again, they were direct descendants. So, for example, the electronic documents “of course” had “page numbers”, for instance.  And perhaps “Title Pages”. And, also of course, they tend to be very “document” and “file based”.

Workflow systems were a little different.  While their antecedent was written or institutional process information, generally they came into being either with or following implementation of EDMS and began with “smart” routing of documents through the process cycle. As such, they really were not different just in form (electronic versus paper based), but also in function, from their great, great grandparent, the Routing Slip. From the start they were able to take advantage of the electronic information contained in or accompanying the very documents they were tasked to route.

As time has gone by, Electronic Case Management, Electronic Content Management, and Electronic Workflow have become more tightly integrated and cross-leveraged. This trend has led to much of the almost incredible new capabilities of modern systems to impact

What I began to notice, from Jim’s Keynote through the various sessions on Case Management, is that the newest systems are starting to leave some of the old DNA behind. Instead, they start from ground zero and are designed to capture, store, utilize, disseminate, exchange, secure, manipulate, manage, and control information electronically from end to end, without resort to “lizard brain” limitations imposed by the physical limitations of previous ages. Concepts such as “case”, “file”, “person”, and so forth can be dynamically formed and utilized as needed, without imposing design or performance trade-offs necessary in bygone days. Furthermore, they are not so much “integrated” as they are reformed into a new, more complete, flexible, and robust whole.

What is emerging is a new type of system that is designed, from the ground up, to holistically handle all types of information – meta data, content, institutional knowledge and rules, security – without regard for system boundaries imposed by either information type or historical format limitations.

For those aficionados of Arthur C. Clark, what I think we are seeing is a Childhood’s End moment. The first wave of automated systems got us to where we are today. Now courts and the wider justice system are poised to move to a new level of Information Management, the successor to Case Management.

eFiling Bind-Overs and Appeals: Harvesting Some Low-Hanging Fruit

This is Part 8 of 10 in the eFiling Blog Series, check out Part 7 here.

In the standard model of eFiling, a litigant (whether private or public) initiates a case by eFiling with the court. Another, sometimes overlooked, opportunity to harvest some low-hanging fruit involves court-to-court eFiling. Using eFiling to transfer matters from a trial court to an appellate court, as in appeals, or from an initiating court to a trial court, as in a bind-over, offers efficiencies, savings, and process improvement.

104_casebindConsider first appeals from a trial court to an appellate court. Preparation of the Record on Appeal (RoA) is a strictly rule-driven process requiring the transfer of a broad but defined subset of the trial court’s data, metadata, and documents related to the case. Manually selecting what to send, packaging it with the prescribed order, format, and organization, creating the necessary indexes to documents, and transporting it to the appellate court consumes considerable time from one or more highly skilled knowledge workers.

On the receiving end, the appellate court must review the package for completeness and accuracy, re-enter the data and metadata on its own systems, and create its own case files. If the appellate court has its own Electronic Content Management System (ECMS) it may need to scan in the documents and enter the necessary metadata, duplicating entry again.

Appellate court implementation of eFiling for litigants continues to advance at an accelerating rate. However, many of the same appellate courts courts handle data and document intercourse with their originating courts in a fairly primitive manner, which is to say, with paper or static image documents and forms utilizing little data centricity.

By extending eFiling to the courts from which it receives appeals, the appellate court can greatly streamline its case/file setup process, as well as its interactions with the trial courts during and at the conclusion of the appellate phase. It could assure getting well organized, complete, and compliant Records on Appeal from all its constituent courts, while greatly reducing the time spent reviewing RoA’s by some of the court’s most highly skilled staff.

On the flip side, the benefits to the trial courts would be equally significant. A court with its own ECMS could configure its workflow according to the specifications of the appellate court to automatically generate the RoA. Acknowledgements, requests for further information, and case disposition (judgments, remands, etc.) would loop back to its ECMS and workflow from the appellate court.

Many of the same considerations apply in the case of moving a case from a lower appeal court to a higher level, or back again, or both. In many ways, bind-overs would be a lot simpler to configure than appellate RoA’s. Of course, what they lack in complexity they make up for in volume. Streamlining the bind-over process offers great efficiencies to both initiating and receiving courts.

In both the case of Appeals and the case of bind-overs, the filer/receiver model is usually many-to-one. That is, a trial court generally sends appeals to one appellate court (with some exceptions for appeals direct to a higher appellate court), while an appellate court generally receives appeals from many trial courts. Bind-overs likewise typically follow a similar many-to-one model.

In many, if not most places, the “sending” or “originating” court may not be responsible to the same political and/or funding authority as the “receiving” court. This reality causes the Three Rules of Funding eFiling to rear their often unbecoming heads: 1) It isn’t free; 2) Someone has to pay for it; and 3) The chosen strategy has implications. In short, a solution that should be win-win may not be considered because no one wants to pay for the whole thing.

Five years ago that might have been a persuasive argument. However, today the answer should be different, because the world is a different place. eFiling has penetrated all levels of courts. Probably the most direct strategy in this instance is to have the “receiving ” courts extend their eFiling systems to their “originating ” courts. The marginal cost to the “receiving” court would be more than offset by the resulting savings.

It sure looks like low-hanging fruit.

Coming up next: Blog 9 of 10: eFiling Blog Series – Law Firm Considerations

Workflow – The Life of a Document After Review

This is Part 5 of 10 in the eFiling Blog Series, check out Part 4.

flintstonesAn image I use to describe eFiling without automated workflow is Fred Flintstone’s car: it looks automated; but somehow the driver is still doing all the work. From the filer’s perspective, once a document is filed, electronically or otherwise, the “processing” fun is over. But from the court’s perspective, receipt and acceptance of the document initiates an interconnected flow of activities, including identification, recording, and routing it across tasks, processes, and procedures through its lifecycle. This flow of activities is generally known as “workflow”.

Each workflow step has three basic parts. First, what it is. Second, decide what to do with it. Third, transport it to where the next step must be performed. With electronic documents, the third step obviously gets a lot easier, since the document need not be physically transported. But what about the first and second steps?

Consider for a moment the distinction between “Discretionary” and “Ministerial” decision-making. Discretionary decisions are those where the decision maker weighs the information and, based on his or her knowledge, experience, and authority choses which outcome or action would be most appropriate. Ministerial decisions, on the other hand, are those where the outcome is to be decided based on a set of rules known to the decision maker. A judge’s bail decision is discretionary. A traffic court referee’s determination of a fine amount, being based on a formula, is ministerial.

Discretionary decisions made by qualified people provide the “value added” in knowledge-based service industries like courts. In other words, that’s what the public is willing to pay for: well reasoned decisions.

When it comes to ministerial “decisions”, like where to send a document for the next step in a business process, while the rules may be complicated, following them does not require judgment; only knowledge of the rules.

Paradoxically, the more complicated the rules are, generally the more qualified is the person who must make the “decision”, both because that person is more likely to know the rules and because that person may be deemed more trustworthy to correctly follow them.

The result is that courts generally expend an enormous amount of their most valuable human resources on ministerial tasks that could be performed by anyone sufficiently versed in the rules. Meanwhile, those resources are considerably less available to provide the much higher value-added activities for which they are qualified. Indeed, in most courts, more time and effort goes into figuring out what to do with documents than is spent actually working with them.

Implementing eFiling, with or without also implementing automated workflow, certainly confers major benefits on the filers. From the court’s perspective, though, all other benefits pale before the benefits from implementing automated workflow.  A few years ago I wrote in a white paper:

“Where potential workflow improvements stand out, they tend to stand out impressively. Filing incoming mail, for instance, is a critical task requiring a high level of business knowledge. The individual performing this task must know how to “route” each incoming item (and often several items in one submission must be dis-aggregated and routed to separate locations), sort them into piles, then assure they are accurately fed into whatever distribution process is used to physically move them. In a system with properly implemented workflow, the document (usually self-identifying), once entered into the ECM system, will be automatically routed to the correct place.

“The first key savings is the time of the knowledgeable staff who no longer have to individually assess and route each document. Next is Elapsed Time savings: delivery can go from days or weeks to minutes. Then there is the savings not only of the reduction of lost and misrouted documents to near zero, but the elimination of the need for redundancies and safeguards that are commonly in place to deal with those errors when they inevitably happen in the paper document world.”

Short-Term Payback and Long Term Gain from Transitioning to a Paper-On-Demand Court, Jeffrey N. Barlow, 2011.

Yes; eFiling can be implemented without automating workflow. But it makes no sense.

Coming up next: Blog 6 of 10: eFiling Blog Series – Data Centric eFiling

 

In Praise of Tortoises

Jeff is currently on vacation and the eFiling series will resume upon his return with part 2 – Electronic Court Filing Standards.

98_tortoiseReading U.S. supreme Court Chief Justice John Roberts’s 2014 Year-End Report on the Federal Judiciary I am reminded of an episode from my parenting years involving my youngest daughter. Trying to get her to do something she didn’t want to do was like trying to get a tree to dance. (On the other hand, standing in her way once she decided to go after something has always been a good way to get run over.)

One year we signed her up for the city’s spring youth run. Great fun, good exercise, flashy medal…. The only problem was, she didn’t feel like running that day.

Now, most kids, surrounded by several hundred OTHER kids, not to mention countless adult supervisors, would have at least tried to keep up with the pack to avoid being identified as the one slow-poke. Not my daughter. In an impressive display of disregard for peer pressure and fear of public humiliation, she strolled. By the end, the adults around her were imploring her to pick up the pace; all to no avail.

Meanwhile, the audience, the other runners, and the subsequent heats all waited. And waited.

My daughter has since grown up to be a formidable, high-performance, successful professional. Interestingly, she uses BOTH traits to her advantage. So maybe she knew what she was doing.

But the wait was STILL frustrating.

With these fond memories in mind, I consider Chief Justice John Roberts’s Report, wherein he discusses the nature and change of technology, particularly Electronic Case Management, Electronic Document Management, and Electronic Filing, in the Supreme Court and in the courts in general. He unabashedly acknowledges not only the usually slow pace of court adoption of new technology, but that the slowness of the pace and resistance to change is in many ways intentional.

“[T]he courts will often choose to be late to the harvest of American ingenuity. Courts are simply different in important respects when it comes to adopting technology, including information technology. While courts routinely consider evidence and issue decisions concerning the latest technological advances, they have proceeded cautiously when it comes to adopting new technologies in certain aspects of their own operations….

“…Federal judges are stewards of a judicial system that has served the Nation effectively for more than two centuries. Like other centuries-old institutions, courts may have practices that seem archaic and inefficient — and some are. But others rest on traditions that embody intangible wisdom. Judges and court executives are understandably circumspect in introducing change to a court system that works well until they are satisfied that they are introducing change for the good….

“…The sculptures that adorn the Supreme Court provide a reminder of that resolve… The often overlooked east pediment, installed on the rear portion of the building, features images of historic lawgivers and other symbolic figures. It is flanked by imagery drawn from a well-known fable: A hare on one side sprints in full extension for the finish line, while a tortoise on the other slowly plods along. Perhaps to remind us of which animal won that famous race, Cass Gilbert placed at the bases of the Court’s exterior lampposts sturdy bronze tortoises, symbolizing the judiciary’s commitment to constant but deliberate progress in the cause of justice.”

Notwithstanding that the Chief Justice articulates that the courts may not move as fast as other institutions and society in general, he clearly declares that change will eventually come, saying

“As technology proceeds apace, we cannot be sure what changes are in store, for the courts or society generally. Innovations will come and go, but the judiciary will continue to make steady progress in employing new technology to provide litigants with fair and efficient access to the courts.”

OK. Some are waiting. But more and more courts are past waiting. ECM and eFiling have in fact become mainstream and of proven reliability. Most courts and their constituents simply cannot afford to eschew their clear advantages. With all due respect to SCOTUS, the courts serve the people; and next race to meet the increasingly complex and pressing societal need for judicial services is well under way. The tortoise never wins the race without pressing deliberately forward.

The Information Tsunami

iStock_000000789360SmallThe Trend –

Access to specialized knowledge, information and expertise is heading toward ubiquity.

The Internet, with intelligent search capability, renders virtually every fact, document, video and most other data available to everyone, with just the use of a simple query. Increased processing power is bringing “expert systems” closer to “artificial intelligence.”

There are at least three major aspects to this trend.

  1. The amount of data and information available increases at a rate exceeding that of Moore’s Law: doubling of information available through the Internet is measured in weeks; not years. There is a limit: Every piece of information on earth. That limit, by straightforward extrapolation, will be hit within the next century — probably sooner.
  2. The ability to access and retrieve information is moving closer to people’s bodies. So today, the smartphone, which most people carry everywhere, provides the capability to retrieve any piece of information from virtually anywhere at any time. Google Glass and other “wearable” user interfaces are already becoming mainstream. Implants have already started. Absent some major change in human behavior, expect all the current capabilities of today’s smartphones (complete with apps) to be carried internally within the next couple of years, if not sooner.
  3. The development of artificial intelligence to power expert systems, coupled with the cornucopia of available data, is enabling non-professionals to undertake activities formerly requiring highly trained professionals. IBM’s Watson is an excellent example, providing diagnostic services previously requiring one or more M.D.s, often specialists. Legal and judicial systems are next.

Implications

While the implications of this trend are limitless, here are a few that I think will pertain to courts regarding Electronic Content Management (ECM).

  1. The connection between “content” and its form will largely disappear.

The concept of a “document” will have an entirely different meaning than the one associated with a paper-centric world.

With a few exceptions, migration to electronic content more often means that how the content is rendered (displayed) is largely a function of the interface used. For example, documents are displayed one way on a full-size monitor, another way on a tablet and yet a third way on a smartphone. Soon to come are the watch rendering, the wearable (Google Glass) rendering and even the back-of-your-eyelids rendering.

  1. Practically All Content Will Be Electronically Stored – Forever.

Already, the debate has shifted from “When should courts destroy their records” to “Given that under no circumstances will society permit court records to ever be destroyed, who should have the right to try to restrict access to old records; and what should that access be?”

  1. Power Relationships Will Change.

Certainly these systems will have a professional impact within the courts. Moreover, consider how forms, self-help systems and guide books have empowered pro-se litigants over the past 20 years. Expert systems, available on demand, will be much more disruptive to the current court and legal system model.

  1. Standardization Will Increase

Because expert systems are utterly dependent on both standards and data, laws, rules and procedures will be required that assure the availability of both. Furthermore, because there will be a desire for the systems to ultimately work across jurisdictional boundaries, pressures to develop and maintain robust workflow and content standards and management across all boundaries will increase. The result will be a level of standardization beyond anything existing today, both within the court and across the justice system.