What does the name
"BackDraft" mean?
What is "Document
Assembly" Technology?
Why can't I just automate
documents using my word processor?
How much faster is document assembly
software?
What types of templates can or
should be automated using document assembly technology?
We use the word "backdraft" as
a metaphor for speed and power. Of course, the word "Draft" which is
commonly used in the legal environment to refer to the process of preparing a
legal document. The word "backdraft" is
used in firefighting to describe a powerful, explosive flame that reverses out
of a fire. It can be a dangerous phenomenon. The word "backdraft"
is also a term in sailing to describe a wind condition. It is used in
automobile or bicycle racing to describe a maneuver where a driver or rider
follows closely on the heels of another racer to take advantage of the
slipstream of the other vehicle. It allows the trailing vehicle to conserve
energy while creating drag on the leading vehicle, and, at an opportunistic
moment, to generate speed to pass the other vehicle.
We use BackDraft to refer to fast and
powerful document assembly techniques.
A "Practice System" is a software application that
automates the substantive practice of a professional by creating intelligent
interviews to gather information about a case or matter. The information is
used to automatically construct documents and other outputs required by the
professional. Typically, a practice system
focuses on a specific practice area such as wills and estates, but you can also
use a practice system to handle general correspondence, faxes and memoranda.
Document assembly technology rapidly generates forms and documents
by asking a series of questions about a proposed document and using the answers
to construct a document. Appropriate clauses and language are selected
automatically and answers are filled into the appropriate places throughout the
document. A number of vendors have created "document assembly
engines" that work in conjunction with word processing software such as
Word or WordPerfect. Examples are HotDocs from
LexisNexis (www.hotdocs.com),
DealBuilder from Business Integrity (http://www.business-integrity.com/document-assembly.html) and GhostFill from Korbitec
(www.ghostfill.com).
A "template" is a master blueprint used to assemble a
document. Typically templates are standard word processing documents that are
"marked up" with variables or fields to denote the portions of the
template that are automated. These fields or variables are typically denoted by
special characters or separators such as square brackets or chevrons and the
contents usually appear in a color different from the standard text of the
document.
A document assembly engine processes a template by searching for
the variables or fields within the template. It analyzes each variable and
makes decisions whether to include conditional text, repeat selected areas of a
document or insert and format answers at the variable locations.
A "Variable" is placeholder or field within a template
that denotes an area of the template that is automated. A variable can also
hold the result of a calculation or computation. Document assembly engines
process a template by looking for variables. A sample variable in HotDocs looks like this:
«Employee
Name»
When the document assembly engine encounters this variable, it
will check to see if it has an answer for "Employee Name". If so, it
uses the answer; otherwise it may prompt the user for the name of the employee.
A template may have just a few variables or could have dozens or
hundreds of variables depending on the complexity of the template.
The short answer is: you can! It is possible to use the merge and macro
features of your word processing software to automate templates. Microsoft Word
and WordPerfect provide many features for doing so. However, it can be very
complex and time-consuming to achieve results and may require extensive
knowledge of your word processor's macro language such as Visual Basic for
Applications.
Document assembly systems provide advanced features that allow
non-programmers to mark up templates and design dialogs or interviews. It is
really a question of suitability to task. If you are trying to automate a set
of complex legal templates, a document assembly engine may be the better
option. Document assembly engines are particularly good at handling numerous
complex conditions and repeating sections of documents based on answers provided.
Document assembly systems also provide sophisticated techniques
for storing and re-using answers for the same or subsequent documents and they
can be integrated with databases and case management software.
That depends on the type of template. Document assembly software
can generate legal documents anywhere from 2 to 150 times faster than using a
word processor to generate the same document. The higher factors of improvement
are typically achieved with complex document packages such as trusts and
estates or sophisticated contracts.
You can automate any type of document that is prepared repeatedly
from letters, faxes and memoranda to complex contracts. It doesn't make sense
to automate a document that you only prepare once a year. The process of
automating it may far exceed the time-savings that can be achieved. Documents that are highly customized to the
facts of a particular case such as court pleadings may not be fruitful areas
for automation. There also may be financial disincentives in law firms to
automating certain templates if doing so might result in fewer billable hours
for lawyers. Generally, practice areas that are highly transactional in nature
or where fees are charged on a flat fee or value-billing basis offer the most
potential. Examples are wills and estates, contracts and real estate. Excellent
practice systems have been developed for litigation, bankruptcy, debt recovery
and other practice areas.
A "document audit" determines which documents or processes could most benefit from automation. An audit reviews not only the documents themselves but the processes and workflow around their preparation. It seeks to determine how many steps and what time is involved in the preparation of different types of documents and makes recommendations concerning the priority of documents to be automated, how the workflow can be altered to streamline document preparation, document automation standards and how documents should be styled.