E-filing's time is now.

Except in a handful of counties and the First District Court of Appeal, virtually every document filed in Florida courts is done by paper.

In less than two years, that's almost certain to be reversed. Paper filing will be the rare exception, and electronic filing will be the order of the day. So likely will be the electronic serving and sharing of papers.

The impacts will extend beyond filings for the courts. Lawyers involved in the process and court clerks say law firms will find it difficult--if not prohibitively expensive--to maintain electronic documents for their court-related cases and files and paper files for other matters.

Court clerks have already discovered this.

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"I think it needs to be articulated many, many, many times about the costs of a dual [paper and electronic] system," said Palm Beach County Clerk Sharon Bock at a recent meeting of the authority that oversees the Internet portal, the gateway for electronic filing. "I'm not absolutely certain the message is getting out there that it is financially impossible for the clerks to maintain two systems for any length of time.

Even for six months, it would be almost impossible to do it. We simply don't have the resources."

Jacksonville attorney Paul Regensdorf, a member of the Florida Courts Technology Commission who has been heavily involved in e-filing matters, says lawyers will not be far behind in learning that lesson.

"This is going to eventually change everything about how you practice," Regensdorf said.

Laird Lile is a member of the Bar of Governors and also serves on the Florida Courts Technology Commission. He closely follows e-filing and related issues, including attending meetings of the Florida Courts E-Filing Authority, which is in charge of the statewide portal that will be used for e-filing.

The coming electronic revolution can be a challenge but also a boon for law offices, he said. Lile said he went "paperless" about a year ago and found it increased efficiency and cut expenses.

"Our paper costs and postage costs have dropped incredibly," he said.

"In our engagement letter, we tell clients we believe it's more efficient to communicate with them electronically and if they don't want that, let us know," he added. "Our practice is to acknowledge all communications with an email and to let us know if they don't receive one after sending something to us."

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The coming of e-filing and e-service "for an office like mine where we've been scanning and where we've not had paper folders for about a year now, it won't mean much. It means things will be that much easier. For the law firm still using the typewriter, it means major adjustments," Lile said.

Time is Short

By July 1, court clerks have said they will have the ability to receive civil filings in all five divisions in all of Florida's 67 counties. By the end of the year, they expect to have the capability for all criminal cases as well. Appellate courts are scheduled to be able to accept e-filings by July 1.

In response to a Supreme Court request in a pending rule case, the FCTC has recommended electronic filing for civil cases be mandatory by April 1, 2013, (less than 14 months from now) and criminal filings be mandatory by October 1, 2013.

That rule case (case no. 11-399) remains pending, and the Supreme Court has asked three questions, with the answers due by February 6 (see sidebar story). But the nature of those questions indicates the court remains fully committed to approving mandatory e-filing in the near future.

Trying to get ready for that day, a dizzying array of committees, commissions, and other organizations have been writing rules, setting standards, and setting up the statewide Internet portal that will accept and route e-filing for the entire court system, trial and appellate. Rules, programs, and processes are written, approved, and implemented piece-by-piece. Consequently, it can be difficult for lawyers to comprehend the whole spectrum of changes bearing down on them.

Rules You Need to Know

For example, it won't be enough to just understand the technology of how to do an electronic filing with the proper court clerk. Lawyers must also vet their filings for confidential information because court records will be available to anyone over the Internet. Part of that confidentiality rule requires lawyers to certify they have reviewed a filing for confidential information and a related question has been raised on whether lawyers can delegate that duty to paralegals and legal assistants.

Another rule addresses the habit of lawyers, seeking to be on the safe side, stuffing unnecessary information into court files. This rule limits information that must be filed.

As Regensdorf noted, e-filing--and the resulting electronic...