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great deal of time is saved by having easily accessible templates that can be created, edited, and produced quickly and reliably." "Similarly," she points out, "if a prac- tice requires the production of a certain contract on a frequent basis, with only a few clauses needing to be inserted, deleted, or tweaked depending on the circumstances, the ability to rely on a template, with easily accessible varia- tions, will help the lawyer practise more effectively and efficiently. Templates reduce assistant time and lawyer time, which, in turn, increases profitability, especially in fixed-fee arrangements." Efficiency is at the heart of the docu- ment-assembly software and templates. In many cases, such as debt claims, producing a document is almost a com- modity process, says Boehm, and in these situations, it does not make sense to start at the beginning and create new material. Clients would also not toler- ate such a labour-intensive approach, he adds. "Our clients would scream if "Our clients would scream if we built everything from scratch. What people want their lawyers to do is not reinvent the wheel if it's not necessary." ERIC BOEHM, TORYS LLP we built everything from scratch. What people want their lawyers to do is not reinvent the wheel if it's not necessary." That will save a firm and its clients money. But in reality, a firm might make even more money using doc- ument assembly and templates, says Allen. "Firms can increase market share because they're price-competitive. They're not just grinning and bear- ing [the market]." Hogan says: "There is also a risk-management aspect to using templates and precedents. Using a well-organized library of templates or precedents that are kept up-to-date will reduce the chances of missing a O'BRIEN'S ENCYCLOPEDIA OF FORMS, ELEVENTH EDITION — COMMERCIAL AND GENERAL, DIVISION I INTERNET VERSION INCLUDED WITH YOUR PRINT SUBSCRIPTION O'Brien's — Commercial and General, Division I includes over 2,500 of the most current and up-to-date general law practice forms and precedents. Areas covered include: • Advertising and Promotion Arbitration and • Mediation • Bankruptcy and Insolvency • Employment Internet & Looseleaf (7 volumes) $962 • P/C 0851030000 Subscription updates invoiced as issued (2/yr) ISBN 0-88804-045-8 Prices subject to change without notice, to applicable taxes and shipping & handling. CANADA LAW BOOK® CL0211 36 FEBRUA R Y 2011 www. CANADIAN Lawyermag.com • • Intellectual Property International Transactions • Leasing • Partnerships • Pensions With the Internet version, easily search for agreements and clauses, integrate and customize them into documents and e-mail them to your clients. Visit canadalawbook.ca or call 1.800.565.6967 for a 30-day no-risk evaluation clause or item if the document has to be drafted quickly from scratch." While the glass is half full, it is also half empty. There are downsides to the use of automated processes and prepared documents, which can be significant. "By simplifying, you can oversimplify," cautions Boehm. "The devil is in the details — and each deal is different." Context is critical, stresses Carabash, who pitched his legal documentation business to CBC TV's Dragons' Den. "There is a lot of risk in blindly using a template. You need to assess how specific the template is to your client's needs." Lawyers also need to do their due dili- gence. Automation is not a replacement for continued scrutiny. "Documents like precedents and templates can become outdated over time, as practices in an area of law change, or even in an instant, with the release of a case that interprets a legislative provision affecting contract language. Lawyers must, therefore, review their precedents frequently to ensure they are up-to-date," says Hogan."Precedents can also create a sense of security that may be misplaced. Even reliable, up-to-date precedents are not appropriate in every circumstance. Lawyers must review the facts and context of each matter before using a precedent and ensure that each clause is drafted appropriately." That review comes in two forms. If the template is provided by a company, it must be looked at carefully with respect to jurisdiction and applicability as well as timeliness. If it is being developed in-house using document-assembly soft- ware, time and effort — from senior law- yers — will be required. "Our technology is no more than a very clever machine," says Allen. "It doesn't know the law. If you put garbage in, you'll get garbage out." Trust, he adds, is critical to the