TECHNOLOGICAL TOOLS FOR THE ESTATE PLANNING PROFESSIONAL Jason E. Havens Havens & Miller, P.L.L.C.

Destin, Florida E-mail: jasonhavens@havensmiller.com Southern California Tax & Estate Planning Forum October 22, 2004 Workshops 4, 8 & 12 Copyright 2004 by Jason E. Havens. All rights reserved.

TECHNOLOGICAL TOOLS FOR THE ESTATE PLANNING PROFESSIONAL Jason E. Havens Havens & Miller, P.L.L.C. Destin, Florida E-mail: jasonhavens@havensmiller.com Southern California Tax & Estate Planning Forum October 22, 2004 Workshops 4, 8 & 12 TABLE OF CONTENTS I. A. 1. 2. a. b. (i) (ii) 3. 4. B. II. III. DRAFTING AND CALCULATION SOFTWARE............................................................... 2 Drafting Software, Systems, and Tools ........................................................................... 2 Factors to Consider in Selecting Drafting Software ....................................................... 2 Drafting Software Reviews............................................................................................. 3 Drafting Software: Engines to Create Your Own Drafting System ............................ 3 Drafting Software: What-You-See-Is-What-You-Get Systems................................ 5 The Most Comprehensive What-You-See-Is-What-You-Get Systems............... 5 Other What-You-See-Is-What-You-Get Systems ........................................... 8

Resources That Complement Drafting Software .......................................................... 10 Word Processors for Drafting Software........................................................................ 12 Calculation Software ...................................................................................................... 13

LAW OFFICE MANAGEMENT SOFTWARE .................................................................. 15 THE INTERNET FOR ESTATE PLANNING PROFESSIONALS AND OTHER

MISCELLANEOUS BYTES .................................................................................................... 18 A. B. Estate Planning Sites....................................................................................................... 18 Journals and Other Publications ................................................................................... 19

C. D. E. F. IV.

Search Tools for a Personal Computer or Server ........................................................ 19 Connect2A ....................................................................................................................... 20 Professional Back Office................................................................................................. 21 Miscellaneous Bytes .................................................................................................... 21 CONCLUSION................................................................................................................. 23

APPENDIX A: COMPARISON OF DRAFTING SYSTEMS .................................................... 24 APPENDIX B: COMPARISON OF CALCULATION SOFTWARE......................................... 28 APPENDIX C: COMPARISON OF LAW OFFICE MANAGEMENT SYSTEM ..................... 30

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TECHNOLOGICAL TOOLS FOR THE ESTATE PLANNING PROFESSIONAL Jason E. Havens Havens & Miller, P.L.L.C. Destin, Florida E-mail: jasonhavens@havensmiller.com Southern California Tax & Estate Planning Forum October 22, 2004 Workshops 4, 8 & 12 Copyright 2004 by Jason E. Havens. All rights reserved. Why should I pay you thousands of dollars to fill in the blanks of one of your word processing forms? Do I really need a software program to crunch numbers? Why should I use gadgets to organize my life when I can do the same thing with my trusty daily planner? Can I just look this up on the Internet? As estate planning professionals, many of us have heard or asked similar questions. In some situations, clients and even fellow professionals do not understand the complexity and intricacies of an estate planning practice. However, as estate planners, we understand. Indeed, many of us have devoted a substantial amount of personal time to help colleagues and the public in understanding and implementing effective estate planning tools and techniques. I hope that this presentation will serve a similar purpose: to provide a helpful overview, based on practical experience, of technological tools that will assist estate planning professionals. This presentation is based on two articles that I have written this year, as well as various reviews that I have conducted during the Heckerling Institute on Estate Planning and at other times. This presentation is divided into three parts: DRAFTING AND CALCULATION SOFTWARE; LAW OFFICE MANAGEMENT SOFTWARE; and THE INTERNET FOR ESTATE MISCELLANEOUS BYTES. PLANNING PROFESSIONALS AND OTHER

I am not affiliated with and do not represent any product, company, or entity mentioned in this presentation. I do, however, serve as an official reviewer for several software vendors and programs, which are listed on my curriculum vitae available via my personal profile on my personal website (http://www.jasonhavens.net/profile.htm). (The remainder of this page is intentionally left blank.)

I.

DRAFTING AND CALCULATION SOFTWARE A. Drafting Software, Systems, and Tools

Numerous cases have hinged on the use -- or misuse -- of a word or phrase. Some clients and colleagues do not appreciate the extensive study, financial investment and verbal and mathematical skills required to produce documents that properly implement estate planning objectives and that are based on sound mathematical analysis. On the other hand, many clients and colleagues do appreciate the time, knowledge and expense involved in the production of accurate and effective estate planning documents. Regardless of the understanding of others, an effective drafting system and a high-quality calculation software program are critical technology tools for an estate planning attorney. Estate planning attorneys approach drafting in different ways. Some estate planning attorneys want to use the documents with which they are familiar and comfortable and which they have probably used for many years. Other estate planning attorneys want to use documents designed by well-known practitioners. Regardless of the particular approach, an effective drafting system is a crucial tool for an estate planning attorney. This presentation is intended to provide a helpful overview of the various drafting systems currently available to estate planning attorneys. It draws from my practical experience and the numerous reviews of drafting systems that I have conducted. 1. Factors to Consider in Selecting Drafting Software

An estate planning attorney must first consider how he or she approaches drafting before he or she begins to evaluate particular drafting systems. Drafting systems range from document assembly programs that are built on the users own language, which this overview will refer to as a drafting engine or shell, to programs that produce documents using language authored by others, which this overview will refer to as the what-you-see-is-what-you-get drafting systems. After deciding on an approach, the following overview of drafting systems should assist the estate planning attorney in selecting a software solution. An estate planning attorneys selection of a drafting system is somewhat analogous to a clients selection of an estate planning attorney. Factors to consider in selecting a drafting system include (1) the quality of the drafting system (from both the technological and drafting perspectives); (2) the flexibility of the drafting system (also from both perspectives above; for example, to what extent can a document be customized within the drafting system or at least in the users word processing program after the document is produced?); (3) the vendors, creators, and/or authors of the drafting system; (4) effective technical support; (5) regular updating; (6) the nature of the drafting systems licensing (i.e., does the user own the drafting system or is it purchased as a license, which will expire and disable the program?); and (7) pricing. The old saying, you get what you pay for, applies equally well in the process of selecting a drafting system, as identified in the final enumerated factor (above). Some drafting

systems obviously cost more than others. Nevertheless, some drafting systems offer much more to the consumer. For example, one drafting system mentioned below has conducted a postprogram debriefing session for the past two years (2003 and 2004) at the Heckerling Institute on Estate Planning. Within weeks of these debriefing sessions, new and updated provisions have been implemented within this drafting system. Wisely selecting a drafting system involves researching beyond the vendor brochures to determine what the estate planning attorney, as the consumer, is receiving in exchange for the advertised pricing. 2. Drafting Software Reviews

Following are some of the drafting systems that I have reviewed. This overview should assist an estate planning attorney in choosing a drafting system to meet his or her particular needs. Please note that any pricing information contained in this overview is subject to change and should be confirmed by direct communication with an official representative of the system, the author, or the vendor. Before choosing a drafting system, consider other relevant resources on drafting systems as well. First, Joe Hodges, Jr., Esq. writes a technology column that is regularly featured in Commerce Clearing Houses The Journal of Practical Estate Planning, in which he has often discussed drafting systems and other applicable topics. Second, Daniel B. Evans, Esq. (http://evans-legal.com/dan) has authored two relevant American Bar Association (ABA) books, WILLS, TRUSTS, AND TECHNOLOGY: AN ESTATE LAWYERS GUIDE TO AUTOMATION (2d ed. 2004) and HOW TO BUILD AND MANAGE AN ESTATES PRACTICE (1999), as well as technology columns for Probate & Property. These books and other excellent materials can be found via the ABAs Section of Real Property, Probate, and Trust Law (RPPT) web site at http://www.abanet.org/rppt (under Publications>Books). Third, the ABA RPPTs free Estate Planners and Administrators Discussion List (http://mail.abanet.org/archives/aba-ptl.html) includes postings on drafting systems and other technological topics relevant to estate planning attorneys. Fourth, every January since 1998, the technology reports from the Heckerling Institute on Estate Planning (http://www.law.miami.edu/heckerling), which typically contain reviews of drafting systems, have been posted on the Estate Planners and Administrators Discussion List (above), as well as (since 2000) on the RPPT web site at http://www.abanet.org/rppt/meetings_cle/heckerling. a. Drafting Software: Engines to Create Your Own Drafting System

WinDraft/EP Expert. WinDraft/EP Expert (http://www.lawtech.com/windraft/epexpert) uses an underlying drafting engine, WinDraft, to produce documents through EP Expert. The user can construct his or her own document assembly system with his or her own forms. This program also operates with DOCS Open or iManage document management software. WinDraft/EP Expert boasts several unique features. First, it displays an outline checklist to help the user respond to all applicable questions quickly and then produce an entire set of estate planning documents for an individual client or a married couple. WinDraft/EP Expert can then automatically save each document in DOCS Open or iManage and fill out each profile with names and descriptions. Second, a particularly useful feature is the drag-and-drop interface,

which permits the user to enter contact information only once for each spouse, any children, and all fiduciaries. The user can then drag-and-drop each person entered into various roles for the clients documents, for example, associating a person with a fiduciary role, such as trustee or personal representative, or designating a person as a beneficiary. Third, WinDraft/EP Expert also easily handles pronouns, commas, and other common grammatical issues. Fourth, WinDraft/EP Expert is the only drafting system of which the authors are aware that can currently write to (and read) databases compliant with Open DataBase Connectivity (ODBC), which includes nearly all major databases. This feature allows the user to store estate planning documents in a digital vault and search across the documents for those with a particular provision. Consequently, when a change in the law occurs, clients who would be affected by the change can be notified easily. A number of large firms use WinDraft/EP Expert to produce custom forms based on the firms own language. Smaller firms can implement WinDraft/EP Expert as well. Although the pricing and level of complexity in implementing the system might deter some small firms from pursuing this drafting system, WinDraft/EP Expert has already written and tested over 3,000 programming variables and cantankerous if statements. Therefore, even most small firms can be up and running in ten to thirty days, as opposed to months or years, when attempting to implement their own customized drafting program. WinDraft costs $495 for a five-user license, and EP Expert, the estate planning module, costs $4,500 for a five-user license. For attendees of the 2004 (and subsequent) Heckerling Institute on Estate Planning, however, WinDraft/EP Expert is being offered at half-price ($2,500), according to company representative Dan Marcum (dan@lawtech.com). HotDocs. The HotDocs (http://www.hotdocs.com) document assembly platform, owned by LexisNexis and now in its sixth version, can be used to create a do-it-yourself drafting system. HotDocs allows the use of a myriad of variables to create a query-driven drafting system based on the users own provisions. HotDocs has become one of the most stable and popular document assembly platforms. It is discussed in more detail in this presentation in connection with drafting systems that others have authored built on the HotDocs platform. If a user is interested in using the HotDocs engine to build his or her own drafting system, he or she should seriously consider purchasing Bruce W. Millers HOT DOCS IN ONE HOUR FOR LAWYERS (2d ed. 2001), published by the American Bar Association, and/or engaging a certified consultant to assist with the HotDocs programming. ThinkDOCS. Datatechs ThinkDOCS (http://www.thinkdocs.com) functions as an engine and allows a user to build his or her own document assembly system. ThinkDOCS uses an integrated database that stores answers that users input in dialog boxes. Therefore, if a change is made (e.g., changing a clients name from Bill to William), the database can prompt the user that a change has occurred and can then apply the same change to all of the clients documents. You can also use templates to make ThinkDOCS more efficient and effective, similar to other drafting programs. The ThinkDOCS system is competitively priced at under $700 for a two-user license. Unfortunately, as of May 1, 2004, Datatech Software, Inc. has decided to discontinue its development of ThinkDOCS in order to focus on its tax preparation and accounting software

programs, focused on the popular Heritance system (http://www.heritancesystem.com). Therefore, you should definitely contact Datatech before purchasing this system or if you are a current user of ThinkDOCS. b. Drafting Software: What-You-See-Is-What-You-Get Systems (i) The Most Comprehensive What-You-See-Is-What-YouGet Systems

Lawgic. Lawgic (http://www.lawgic.com) functions as a what-you-see-is-what-you-get drafting system. Lawgic was revived in 2003 and is now operated by chief executive officer Bruce Grewell, who has a legal background. Mr. Grewell has arranged to update all of Lawgics drafting system products, which currently include California, Florida, and Georgia. The international law firm of Holland & Knight, LLP (http://www.hklaw.com), has updated, and will be updating in the future, most of the Lawgic Wills & Trusts products, including those for Florida and Georgia, which the firm originally authored. Well-known coauthors John Arthur Jones, Edward F. Koren, Richard L. Stockton, and Bruce Stone have used their well-drafted, plain English provisions to provide updated, state-specific systems for California, Florida, and Georgia. Lawgic offers wills, including ultra-simple, simple, disclaimer, pour-over, and stand-alone versions (as well as codicils); disability planning documents, including durable powers of attorney, health care surrogates, and living wills; and a number of trusts, such as revocable inter vivos trusts (including amendments and restatements), irrevocable life insurance trusts (ILITs), generation-skipping transfer (GST) trusts, trusts for minors, Florida intangible tax trusts (Florida Wills & Trusts program only), qualified personal residence trusts (QPRTs), grantor-retained annuity trusts (GRATs), and intentionally-defective irrevocable trusts (IDITs or IDGTs), as well as ancillary documents and client letters. Lawgic is one of the only drafting systems that produces state-specific documents with state-specific legal commentary on various issues that arise from one state to another. Lawgic representatives have indicated the release of new Wills & Trusts products for estate planning attorneys in Illinois, Maryland, Massachusetts, New York, Oregon, Virginia, and Washington in the near future. Notably, Carlyn S. McCaffrey, an estate planning attorney at the international law firm of Weil, Gotshal & Manges LLP (http://www.weil.com) and a past president of the American College of Trust and Estate Counsel (ACTEC), has agreed to oversee Lawgics New York Wills & Trusts program. Lawgic representatives are discussing the addition of other notable practitioners as the company releases Wills & Trusts products for other states. For beginning users, Lawgic provides a Getting Started Guide within each program and via its web site at http://www.lawgic.com/new/pdfs/GettingStartedGuide.pdf. A how-to question-and-answer dialog is also available at the beginning of each program on question number one (Select an Activity) and can be printed in its entirety (all questions and answers appear in one word processing document) using the Java-based Lawgic engine. Lawgics web site offers some excellent Product Training Videos in the Support portion of the site (under Training), including Lawgic Product Training, Lawgic Template Training for Estate Planning Products, and How to Edit Your Lawgic Documents Using Word. Lawgic is priced

at $995 for a single-user license ($100 per additional workstation) and requires annual updates of $300 per year to continue the subscription and use of the Lawgic drafting system. WealthCounsel. The WealthCounsel (http://www.wealthcounsel.com) drafting system, WealthDocs, now in its sixth version, functions as a what-you-see-is-what-you-get program and includes various practice systems (or modules) that integrate with the HotDocs document assembly platform. WealthDocs was developed by practitioners in Arkansas, California, Colorado, the District of Columbia, Missouri, Oregon, Texas, and Washington. WealthDocs includes more practice systems than most other drafting systems: the Living Trust Practice System, which includes ancillary documents such as pour-over wills, powers of attorney, and property agreements; the Family Limited Partnership [(FLP)] Practice System, with ancillary documents and implementation checklists; the Irrevocable Trust Practice System, which includes ILITs, IDITs (or IDGTs), gifting trusts, and ancillary documents; the Charitable Practice System, including charitable remainder trusts (CRTs), charitable lead trusts (CLTs), and even private foundations; the Split-Interest Practice System, which includes QPRTs, GRATs, and grantor-retained unitrusts (GRUTs), and grantor-retained income trusts (GRITs); and the Will Practice System. A WealthDocs membership also includes several extensive discussion lists, continuing education, and an impressive KNOWLEDGE BASE. The primary discussion list includes 1,800+ participants and is free for nonmembers as well. Other discussion lists, including a practice building list and newly-developed state-specific lists, are restricted to WealthCounsel members. The KNOWLEDGE BASE (http://www.wealthcounsel.com/knowledgebase.aspx), which is part of a completely redesigned WealthCounsel website, offers more substantive information that any other service of which I am aware. The WealthCounsel KNOWLEDGE BASE includes Practice with Purpose materials (on building and improving an estate planning practice), Heckerling Institute reports, documents designed for use with WealthCounsel (including numerous customized documents and provisions contributed by WealthCounsel members), a host of practice tools (including Microsoft Visio flowchart templates for use with WealthDocs), and research materials (including cases and statutory references). The SOFTWARE AND UPDATES area of the new WealthCounsel website includes software updates to HotDocs and WealthDocs. New users will especially appreciate several user guides relevant to using HotDocs in general and WealthDocs specifically. The extensive Resources that are packaged with WealthDocs, which are installed to the WealthDocs library within HotDocs, include substantive outlines on revocable (living) trusts, irrevocable trusts, CRTs, CLTs and private foundations, an FLP compendium (six volumes of materials), and a retirement planning outline. All of these outlines are covered in WealthCounsel workshops and are updated as such workshops are held by WealthCounsel. The price for all of this is higher compared to some of the other drafting systems, but pricing is only one factor to consider (as noted above). The WealthDocs drafting system costs $3,900, and purchasing a full year of support is required. An annual subscription for legal support, drafting assistance, and product updates from WealthCounsel is $4,680 ($390 per month

for 12 months). WealthCounsel also offers a discounted price of $7,900 for the WealthDocs drafting system and the first year of legal support if paid in full. For the past two years (2003 and 2004), WealthCounsel has sponsored a post-program debriefing session at the Heckerling Institute to discuss topics, techniques, and changes in the law that were presented each year at the Institute. According to distinguished practitioner and WealthDocs co-author Lew Dymond, WealthCounsel again implemented timely updates to its practice systems based on selected ideas and techniques gleaned from these debriefing sessions. WealthDocs costs more than other drafting systems, but the user receives additional features such as these post-program sessions and timely updates. Wealth Transfer Planning. Wealth Transfer Planning was created by Jonathan G. Blattmachr, a prominent New York estate planning attorney at the international law firm of Milbank, Tweed, Hadley & McCloy LLP (http://www.milbank.com) and a well-known author. Mr. Blattmachr revived his Wealth Transfer Planning drafting system in the summer of 2003. Wealth Transfer Planning (http://www.ilsdocs.com), a what-you-see-is-what-you-get drafting system, is now co-authored by Mr. Blattmachr and Michael L. Graham, an estate planning attorney in Dallas, Texas. I have reviewed the latest version of this program and am impressed by (1) its numerous modules, which are similar in breadth of scope to WealthDocs practice systems, (2) its polished language, and (3) its built-in legal knowledge dialogues, which guide the user through the decision-making process in drafting a document. Specifically, Wealth Transfer Planning offers wills, including simple (one-page), simple, and comprehensive versions (with codicils as well); numerous trusts, such as a wholly charitable trust (for use with a public or private charitable organization), a split-purchase trust, revocable trusts, QPRTs, an inter vivos (lifetime) qualified terminable interest property (QTIP) trust, joint revocable trusts (simple and comprehensive), ILITs, GRATs, CRTs, CLTs, and a minors (Code 2503(c)) trust; disability planning documents (similar to Lawgic (above)); property agreements, such as a spousal agreement, a separate property agreement, and a marital partition agreement; and business agreements, including an FLP agreement (with amendments) and an assignment of a limited partnership interest, as well as ancillary documents and letters to clients. Wealth Transfer Planning now includes solutions to the Strangi problems inherent in some FLP scenarios, which are covered in a question-and-answer dialog within the program when creating an FLP and are highlighted on the Wealth Transfer Planning web site. Although Wealth Transfer Planning still operates based on its SmartWords engine, the resulting documents can be saved in other word processing formats. According to representatives of Wealth Transfer Planning, a soon-to-be-released update will include Health Insurance Portability and Accountability Act (HIPAA) provisions, new options in dispository documents for conduit trust language to deal with retirement benefits, expanded fiduciary powers, more automated letters to clients and other professionals warning them about the Strangi problems (mentioned above), and even revised charitable remainder trusts to address the recent changes to Code 643 and its definition of trust income. (The remainder of this page is intentionally left blank.)

Also according to representatives of Wealth Transfer Planning, Wealth Transfer Planning is in the process of converting to the HotDocs platform. The process is scheduled to be completed in January 2005. The stability and the ability to customize a drafting system built on HotDocs (even a what-you-see-is-what-you-get system) will likely make Wealth Transfer Planning even more attractive to practitioners. Unique to Wealth Transfer Planning, Messrs. Blattmachr and Graham have included extremely helpful Practitioner Concept Memos that explain estate planning techniques and even walk the estate planning attorney through the drafting process for a particular document, pointing out factors that should be considered in counseling a client whether to use the particular technique. These memoranda can be used to provide documentation of the reasoning behind the clients (and the attorneys) implementation of an estate planning technique. A new memorandum on grantor trusts will be included with the next update of Wealth Transfer Planning. Wealth Transfer Planning costs $2,995 for a single-user license. (ii) Other What-You-See-Is-What-You-Get Systems

Essential Estate Planning Document System (EEPDS). Essential Estate Planning Document System ( http://www.njelderlaw.com/products.asp), which recently became part of the Commerce Clearing House (CCH) Tax and Accounting business unit (http://tax.cchgroup.com/Aspen/default), is authored by Moorestown, New Jersey estate planning attorney Thomas Begley, Jr. The EEPDS drafting system represents yet another program that operates on the HotDocs platform. But as a unique bonus with EEPDS, HotDocs (run-time) version 5.1 comes bundled with the drafting system so that HotDocs does not have to be purchased separately. The EEPDS drafting system offers wills, including simple and comprehensive versions (with codicils as well); a number of trusts, such as revocable trusts (individual and joint versions), ILITs, third-party special needs trusts (SNTs), and a minors (Code 2503(c)) trust; disability planning documents (similar to Wealth Transfer Planning and Lawgic (above)); some additional documents, including an escrow agreement and a limited partnership agreement; and ancillary documents, letters to clients (with engagement letters, similar to Lawgic (above)), and letters for such things as funding trusts and changing beneficiaries. Two recent additions to EEPDS include a divisible disclaimer QTIP option as an alternative to a disclaimer trust and a contingent QTIP option for funding standard QTIPs or SNTs. I appreciate EEPDSs ability to set up an additional library of user-defined provisions that can be incorporated into the users documents. In addition, EEPDS offers a variety of statespecific forms, including several statutory forms, which have been authored by contributors in 21 different jurisdictions. Recurring information can also be input, such as basic firm and jurisdictional information, the clients intake information, the initial consultation letter, and a checklist for monitoring the progress of the estate planning process. One unique feature of EEPDS is the series of decision trees that are included, for both the drafting systems main documents and the state-specific forms. These decision trees are

essentially questionnaire forms that can be printed and completed during the client interview process so they can be used by the drafting attorney or his or her staff when the actual documents are assembled. One drawback to these questionnaire forms is that they are not directly integrated into the drafting system in a way that allows them to be completed on the screen and thereby provide all information needed to assemble the clients documents. The EEPDS drafting system costs $795 for a single-user license. Updating and renewal pricing is unknown, particularly in light of the recent developments within WoltersKluwer, the parent company of CCH and Aspen Publishers. ProDoc. ProDoc (http://www.prodoc.com) offers Texas and Florida estate planning attorney Ronald L. Lipmans will and trust forms for its ProDoc Systems (Florida or Texas modules), probate and guardianship forms, and probate management and accounting software as a part of its Estate Planning Library, which is advertised at a subscription price of $95 per month. Other practice systems are available. The newest feature of ProDoc is the Small Office Suite, which is essentially a case management program (somewhat similar to Amicus Attorney (http://www.amicusattorney.com) or PC Law (http://www.pclaw.com), both discussed below) that affords contact management, calendaring, and time billing capabilities. TrustDocs. Mr. Brian Albee and EstateDoc Systems (http://www.estatedocsystems.com) recently introduced TrustDocs at the 2004 Heckerling Institute on Estate Planning. The TrustDocs drafting system is endorsed by Steven J. Oshins, a well-known, widely published estate planning attorney in Las Vegas, Nevada. TrustDocs operates on the HotDocs platform (requiring HotDocs version 6.1 or higher, as is true with WealthDocs) to produce revocable trusts, pourover wills, and disability planning documents. Navigation within TrustDocs is very efficient, using buttons to move through each menu-driven level of the data input phase. Error messages alert the user if a question has not been answered. TrustDocs requires a one-time initial fee of $995 for a single firm license (with a 45-day trial period). The subscription plans are priced at $245 monthly, $698 quarterly (5% discount), $1,323 semi-annually (10% discount), or $2,499 annually (15% discount). TrustDocs also offers binders with pre-punched tab inserts and paper for the documents. Very recently (as of September 1, 2004), Mr. Albee decided to accept a position with WealthCounsel. It is unknown at this time what will transpire concerning EstateDoc Systems. This is excellent news for WealthCounsel members, who will benefit from Mr. Albees considerable legal and technical skills. As with ThinkDOCS, you should definitely contact Mr. Albee regarding the purchase (or continued use) of TrustDocs. Authoritative.Net. Mr. Jeff Pickard, creator of zCalc, is in the process of providing a one-stop shop for estate planning attorneys. His new service, authoritative.net (http://www.authoritative.net), which is still in the works (as of September 2004), will not only allow access to the zCalc Suite, including the zCalc Toolbox and Presentations, but will also feature the following components: (1) a Document Systems module, including an estate planning drafting system, authored by Stanley D. Neeleman (a law professor at the J. Reuben Clark Law School at Brigham Young University and formerly a partner at Holme, Roberts &

Owen in Denver, Colorado), and a business entity formation drafting system; (2) a File Cabinet module, which will serve as a document storage system; and (3) a File Backup module, which will offer an electronic vault for safe, secure storage of electronic data. More information is and will be available via the authoritative.net web site (http://www.authoritative.net). The estate planning drafting system, which has not been released officially (as of September 2004), is allegedly being built on a next-generation document automation platform called Oban, but the authors currently do not know much about this platform or how it compares to HotDocs. Cowles Legal Systems. Trust Plus by the Cowles Legal Systems (http://www.cowleslegal.com) is another drafting system based on its own proprietary engine. The user can produce basic and more advanced revocable trusts, wills, and disability planning documents with Trust Plus. Trust Plus includes a most helpful trust funding system, which automates various letters and instructions needed in the trust funding phase. The Cowles Legal Systems web site also offers useful resources, including a forms exchange library (supplied with user forms), substantive information, and various marketing materials. Trust Plus costs $3,990 for the first year, which includes a three-user license, and $2,495 for each successive year. Cowles Legal Systems is now offering a Trust Plus Express system, which includes wills, individual and joint revocable trusts, and ILITs. Trust Plus Express costs $1,000, which can generally be applied to future purchase of the full system. You should contact Cowles Legal Systems for more details. Drafting Wills and Trust Agreements. For many years, Thomson/West ( http://west.thomson.com/store/product.asp?product%5Fid=DWTA) has supported the Drafting Wills and Trust Agreements (DWTA) drafting system, which was originally authored by Robert P. Wilkins and is now co-authored and edited by Michael L.M. Jordan. Unlike other drafting systems, such as WealthDocs, EEPDS, and TrustDocs, which are based on the HotDocs engine, the DWTA drafting system is still based on CAPS (Capsoft). The authors recently learned, however, that DWTA will soon be migrating to GhostFill (http://www.ghostfill.com), the same engine that powers the Amicus Assembly document assembly component of the popular Amicus Attorney law office management system (discussed below). The provisions and language used by DWTA are somewhat cumbersome and not as client-friendly as other drafting systems. On the other hand, the user can modify any clause within DWTA on a permanent or case-by-case basis, making DWTA extremely flexible. In addition, DWTA is the only drafting system of which the authors are aware that allows the use of a private unitrust or a net income payout provision on a trust-by-trust basis. The DWTA system is affordable, priced at $695 for its current version 13, and has outlasted many other drafting systems that have come and gone over the past 13 years. The printed forms (http://west.thomson.com/product/13513203/product.asp), which consist of a four-volume set (the third edition), can be purchased separately for $385. 3. Resources That Complement Drafting Software

Whether you create your own drafting system or choose a what-you-see-is-what-youget system, consider the following drafting resources that the authors have reviewed. Each of these treatises is published by a noted estate planning practitioner or scholar, each of whom is a

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member of ACTEC, and includes legal analysis, commentary, and plain English forms in electronic format. Many other drafting resources are available, including the ABAs useful BRIDGING THE GAP: DRAFTING FOR TAX AND ADMINISTRATION ISSUES book, coauthored by well-known Baylor Law School professor Thomas M. Featherston, Jr. et al. (http://www.abanet.org/rppt/publications/books/), but few resources offer (1) the same caliber of analysis and commentary coupled with (2) comprehensive electronic forms (usually on CDROM) as the following treatises. These treatises are even more attractive for those who want to create their own drafting system by synthesizing the sample forms of others (already in usable electronic format) with their own language and provisions. TAX PLANNING FOR FAMILY WEALTH TRANSFERS. Thomson/West, which now owns Research Institute of America (RIA) and its subsidiary Warren, Gorham & Lamont (WG&L), publishes TAX PLANNING FOR FAMILY WEALTH TRANSFERS: ANALYSIS WITH FORMS ( http://ria.thomson.com/estore/detail.asp?ID=WTPLF&SITE=taxresearch), written by nationally known author, speaker, and retired attorney Howard M. Zaritsky. TAX PLANNING FOR FAMILY WEALTH TRANSFERS, now in its fourth edition (2002 & Supp. 2004), offers extensive analysis on the array of techniques used to minimize a familys tax burden, as well as nearly 100 forms (in WordPerfect format). An explanatory client letter accompanies each form and specifies the purpose for the document, its key provisions, and its suitability. TAX PLANNING FOR FAMILY WEALTH TRANSFERS costs $360 for a one-year, Internet-based subscription via the RIA website, and is also available in print. DRAFTING THE ESTATE PLAN. Published in December 2003 by Aspen Publishers, Inc., a WoltersKluwer company (and now a part of CCHs Tax and Accounting Unit), DRAFTING THE ESTATE PLAN (http://tax.cchgroup.com/Aspen/default) includes two volumes coauthored by David A. Handler and Deborah V. Dunn, partners at the international law firm of Kirkland & Ellis LLP (http://www.kirkland.com). The first volume systematically explains the federal transfer tax system and each component strategy to be considered in the estate planning process. DRAFTING THE ESTATE PLAN takes a practical approach to estate planning by comprehensively explaining the applicable law and techniques and then pointing out why and when to use the strategies discussed. The second volume includes 55 user-friendly, annotated forms that are included without annotations on compact disc (in Word format). The summary and a detailed table of contents for DRAFTING THE ESTATE PLAN can be viewed via the Kirkland & Ellis website at http://www.kirkland.com/client/pubs/books/EstatePlan.pdf. DRAFTING THE ESTATE PLAN costs $295 in print (with its CD-ROM) and will be available electronically via CCHs Internet subscription services. ANDERSONS ESTATE PLANNING FORMS AND CLAUSES. ANDERSONS ESTATE PLANNING FORMS AND CLAUSES (http://bookstore.lexis.com/bookstore/product/45083.html), in its second edition (2000 & Supp. 2003), is edited by prominent Vanderbilt University School of Law professor Jeffrey A. Schoenblum, who is well-known for his publications on international and multi-jurisdictional estate planning. Like the other treatises described above, ANDERSONS ESTATE PLANNING FORMS AND CLAUSES represents a comprehensive collection of estate planning documents and provisions. This treatise was created from contributions by well-known practitioners such as

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Dennis I. Belcher, Jerold I. Horn, Frederick R. Keydel, Louis A. Mezzullo, and Sanford J. Schlesinger. ANDERSONS ESTATE PLANNING FORMS AND CLAUSES costs $144 in print (with accompanying CD-ROM) and is also available electronically via a LexisNexis Internet subscription. 4. Word Processors for Drafting Software

To conclude this discussion and overview of drafting systems and document assembly programs, this overview must also consider the word processors that handle the resulting documents. The two primary word processors used by law firms, Microsoft Word and Corel WordPerfect, have competed for the affinity of those law firms for many years. Until Word 2002 (the Word version bundled with the Office XP suite of programs), users within the legal arena complained about various features of Word that lacked the functionality of WordPerfect. One of the chief complaints of WordPerfect admirers was Words inability to reveal codes, which generally allows the user to see the behind-the-scenes formatting codes of a WordPerfect document. Word 2002 substantially represents a positive response to the legal professions concerns. Word 2002 allows the user to Reveal Formatting under the Format button of the menu bar. It even includes a WordPerfect Help section under the Help button of the menu bar. These and other specific responses are described in an excellent resource, Microsoft Word 2002 for Law Firms by the Payne Consulting Group, Inc., which includes a CD-ROM with additional tools. To apply these developments to several specific drafting systems, Word 2002 benefits Lawgic users in that Lawgic functions natively in Word (although Lawgic is completely compatible with WordPerfect). Word 2002 seems to iron out any Lawgic formatting issues that occurred when using Lawgic with prior Word versions. Word is absolutely required for WealthDocs and TrustDocs users because both drafting systems only function with Microsofts word processing program. Most other drafting systems are also based on Microsoft standards or at least optimized to work with Microsoft products, and probably work more efficiently with Word 2002 as well. For example, TrustDocs requires Word 2000, but it seems to work better with Word 2002. On the other hand, Corels newest version of WordPerfect, version 11, looks impressive. According to the Reviewers Guide for WordPerfect Office 11, the latest suite of WordPerfect programs bridges the gap between cost and flexibility (http://www.corel.com/futuretense_cs/ccurl/wp11_rev_guide.pdf). This latest version is certainly worth a review, particularly because Corel has made available a 178-megabyte downloadable trial edition of WordPerfect Office 11 (http://www.corel.com/servlet/Satellite?pagename=Corel/Downloads/Details&id=10470218476 19). At approximately $150, WordPerfect is still generally more affordable than Word. For those who are searching for an extremely affordable solution, you honestly cannot beat OpenOffice (http://www.openoffice.org). Why? Because OpenOffice is free! OpenOffice is essentially the continuation of Sun Microsystems StarOffice

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(http://www.sun.com/software/star/staroffice/) suite of open source software programs. Sun is now charging for its StarOffice suite. However, OpenOffice is still freely available. OpenOffice functions not only in the Microsoft Windows environment, but also in the Linux environment. I have never used these programs in connection with any of the drafting systems mentioned in this presentation, although you should be able to use OpenOffice with some -- if not most -- of them. B. Calculation Software

Kugler Estate Analyzer. Brentmark (http://www.brentmark.com) released an exciting software program in January 2003 that does [or illustrates] a comprehensive estate plan known as the Kugler Estate Analyzer (http://www.brentmark.com/kugler.htm). The program uses three steps: client information, assets and liabilities and techniques. Current Brentmark users will appreciate the user-friendly input screens of the Kugler Estate Analyzer, which looks and feels like other Brentmark programs. The Kugler Estate Analyzer combines Brentmarks well-known Estate Planning QuickView and Estate Planning Tools capabilities. In other words, you can perform calculations and illustrate planning techniques with flowcharts. Although Brentmarks site does not include specific pages on their Estate Planning QuickView and Estate Planning Tools programs, you can see the broad capabilities of these programs via the users manual for each program, both of which are available via Brentmarks Free Downloads page (http://www.brentmark.com/download.htm). By the way, both users manuals contain excellent explanations on numerous estate planning topics and techniques. However, unlike the superb standalone calculations performed by Estate Planning Tools, the new Kugler Estate Analyzer program includes Techniques that you can combine and illustrate together in a single comparative presentation, such as generation-skipping transfer trusts, qualified personal residence trusts, grantor-retained annuity trusts, charitable remainder trusts, charitable lead trusts, sales to grantor trusts, family limited partnerships and testamentary charitable gifts. The Kugler Estate Analyzer is advertised at a competitive price of $595 for a single-user license (with a $199 annual maintenance fee). For those of us who prefer immediate (technological) gratification, you may download the Kugler Estate Analyzer at a discounted price of $570 (http://www.brentmark.com/orders.htm). You may demonstrate the Kugler Estate Analyzer, view a sample report produced by the new program and even view and download the user manual via Brentmarks site (http://www.brentmark.com/download.htm#Kugler). ViewPlan Advanced. CCH (http://tax.cchgroup.com) has also introduced a comprehensive program known as ViewPlan Advanced ( http://tax.cchgroup.com/Store/Products/CCE-CCH-2115.htm). This program integrates the features of CCHs basic ViewPlan, Beneview and Factuary modules. You can calculate and illustrate more than 20 different asset transfer techniques including CRTs, NIMCRUTs, CLTs, GRTs, QPRTs and SCINs. The graphical flowcharts are accompanied by built-in calculation logs. ViewPlan Advanced works seamlessly with other CCH products such as Enteract financial planning and Pro System Fx tax software programs, and uses Microsoft standards. ViewPlan Advanced is priced at $1,490 for a single-user license.

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Intuitive Estate Planner. Thomson/West (http://west.thomson.com) has recently released the seventh version of its comprehensive program known as the Intuitive Estate Planner (IEP) (http://west.thomson.com/customerservice/software/iep.asp). The IEP is authored by Donald H. Kelley and Konrad Schmidt, III. Mr. Kelly is an attorney who has contributed greatly to the uses of technology in an estate planning practice. The IEP calculates and illustrates more techniques than any other software program of which I am aware, from split interest trusts to non-resident spouse situations to gifts (even including calculation of the gross-up rule under Code 2035(b) for taxable gifts made within three years of death). The IEP uniquely coordinates a clients assets with the schedules of the federal estate tax return. You can even decide which type of marital deduction to illustrate (e.g., outright, power of appointment or estate trust, qualified terminable interest property trust or qualified domestic trust (if a nonresident spouse), or no marital deduction). The IEP offers the ability to produce customized presentations based on slides created from a clients illustration, pre-formatted slide shows, or your own customized slides. One potential obstacle for users is the more complex input interface of the IEP, which is probably required due to its enhanced capabilities. A slideshow demonstration and software patch files are available via the IEP page of the Thomson/West Web site. The IEP is also competitively priced at $900 for a single-user license. Estate & Gift Tax Planner. The Bureau of National Affairs (BNA) has supported their Estate & Gift Tax Planner (http://www.bnasoftware.com/products/EGT/etplanner/?intProductID=4) for 15 years. Like the Intuitive Estate Planner, the Estate & Gift Tax Planner performs numerous calculations and has a similar spreadsheet look and feel. The Estate & Gift Tax Planner also includes the ability to produce presentations. The Estate & Gift Tax Planner costs $995 for a single-user version. NumberCruncher & Estate Planning QuickView. Leimberg (http://www.leimberg.com) offer (http://www.leimberg.com/products/software/numberCruncher.asp), which as the essential instant answers solution for estate, business, and NumberCruncher performs most calculations used in an estate NumberCruncher 2004 costs $395 for a single-user version. & LeClaire, Inc. NumberCruncher lives up to its billing financial planners. planning practice.

Estate Planning QuickView (http://www.leimberg.com/products/software/quickView.asp) enables users to illustrate and compare dispositive strategies, including the use or absence of family (credit shelter or by-pass) trusts and marital trusts, by producing instant graphs and flowcharts. Therefore, Estate Planning QuickView can easily educate your staff and clients about the importance of basic estate planning. Estate Planning QuickView costs $249 for a single-user version. WealthTec. Mr. Howard L. Eisenbergs WealthTec (http://www.wealthtec.com) line of software programs offer a range of estate planning calculation suites. For the more basic user, the Counselor system illustrates basic estate planning, charitable planning, and retirement planning scenarios. For the more advanced user, the Foundations system illustrates models

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more techniques and includes cash flow and insurance planning. For the experienced user, the WealthMaster system includes more than 50 planning models spanning the entire financial and estate planning spectrum. The systems come with a free 45-day trial period. The annual subscription is $1,195 per user and includes all systems, which are generally available immediately (downloadable). zCalc. zCalcs Tool Box illustrates most of the typical estate planning techniques, although its functionality is much more limited than any of the comprehensive programs mentioned above. However, unlike other programs, zCalc (http://www.zcalc.com) can be customized by changing the Tool Box templates or the actual functions in the function library. zCalc is still reasonably priced at $295 for the initial purchase of the Tool Box (a single-user license) and $150 per year thereafter. zCalc has also introduced its Presentations program, which includes various presentations on 17 estate planning topics. The difference between these presentations and the comprehensive programs above is that zCalc Presentations are not coordinated with a specific clients calculations and concepts. zCalc Presentations costs $395 for the initial purchase (a single-user license) and $200 per year thereafter. As mentioned above, Mr. Pickard, creator of zCalc, is in the process of providing a onestop shop for estate planning attorneys known as authoritative.net (http://www.authoritative.net). Authoritative.net will not only allow users to access the zCalc Suite, including the zCalc Toolbox and Presentations, but will also feature a drafting system, a document storage system, and an electronic vault for secure storage of electronic data. More information is available via the authoritative.net website. II. LAW OFFICE MANAGEMENT SOFTWARE

The drafting and calculation programs that I reviewed in the first section of this presentation are integral to the establishment and success of an estate planning practice. However, without the ability to track the practice itself and do the business of law, these drafting and calculation tools are not of much use. Law office (or case) management software can, as some programs advertise, make the practice of law enjoyable again! Various options exist in the law office management software arena. Some of the most attractive programs integrate most aspects of the law business. For example, some programs offer modules for a practices calendaring, contact management, task lists or to do items, time and billing, and even accounting with accounts receivable and payable (including payroll modules). Other programs offer solutions to address certain aspects of the law business, such as time billing, but are compatible with other programs that address other aspects. As several authors and commentators have mentioned, the key to any law office management software solution is the commitment to that solution. If some of the members of the estate planning practice are not committed to the software program(s), no amount of training and technical support can prevail in tracking and systematizing the practice. If the members of the practice make the commitment to implement a law office management software solution,

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numerous resources can inform the specific decisions regarding which software programs to purchase. One of the most helpful resources, TechnoLawyer (http://www.technolawyer.com), is available as a list serve discussion list. TechnoLawyer highlights products and approaches to legal software. The list serve itself is free, although you must unfortunately subscribe in order to search the discussions archives. The University of Florida College of Law boasts the Legal Technology Institute (http://www.law.ufl.edu/lti/), which is directed by Professor Andrew Z. Adkins, III. Professor Adkins has posted many of his articles reviewing legal software on the Web site. The Legal Technology Institute Web site also includes a Vendors area that provides vendor-supplied details on most available law office management programs. In addition, the American Bar Associations Law Practice Management Section (http://www.abanet.org/lpm) has published some of the most helpful resources on legal software and law office automation, including several in One Hour books that are intended to educate someone quickly on a particular software application. Finally, the Section of Real Property, Probate, and Trust Law of the American Bar Association hosts a free list serve called the Estate Planners and Administrators Discussion List (http://mail.abanet.org/scripts/wa.exe?A0=aba-ptl) (list code ABA-PTL). The Estate Planners and Administrators Discussion List often highlights off-topic items such as useful software and technology for an estate planning practice. Some of the best practitioners in the country participate in the Estate Planners and Administrators Discussion List, which is one of the most practical research and practice tools on the Internet. Following are several law office management programs that I have reviewed. As with the drafting and calculation software list, this section is not comprehensive. This selection of programs is only intended to provide a helpful list, which should probably be augmented based on the needs of the particular estate planning practice. PC Law. I recommend a review of PC Law (http://www.pclaw.com). Alumni Computer Groups PC Law offers a comprehensive solution that allows information management, time and billing, and accounting (including payroll). One of the most refreshing aspects of PC Law is the single customer support telephone number, where seemingly every representative actually understands the program and can guide users through any issue. Users must purchase modules in addition to the basic version of PC Law in order to add things like payroll and PC Law TE or Travel Edition, which allows synchronization with a handheld PDA, but the total package typically costs under $1,000. Larger firms should consider PC Law Pro, which costs more but includes all of the features that are additional modules if the basic version is purchased. Amicus Attorney. The primary advantage of Amicus Attorney (http://www.amicusattorney.com) from Gavel & Gown Software, Inc. is a graphical interface that is simple for even the most severe technophobe. Amicus Attorney manages a users client files and allows integrated organization of telephone calls, e-mail messages, calendaring, contacts and tasks. Amicus Attorney also synchronizes with a handheld PDA. (The remainder of this page is intentionally left blank.)

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Unfortunately, Amicus Attorney users must utilize separate time/ billing and accounting programs because Amicus Attorney does not produce an integrated product with those available features. For example, users could choose to run Amicus Attorney with PC Law. Alternatively, users could run Amicus Attorney with Timeslips (http://www.timeslips.com) for time and billing and an accounting program such as QuickBooks (http://quickbooks.intuit.com) or Peachtree (http://www.peachtree.com). Nearly all of these options have add-on links between Amicus Attorney and the respective program. As a result of purchasing additional programs and links, a comprehensive package for an Amicus Attorney ser would generally cost at least $1,500 (and probably more, particularly in light of the need for an accounting software program). Abacus Law. I am in the process of beginning my review of Abacus Law (http://www.abacuslaw.com), which appears for my purposes to be the ultimate combination of PC Law and Amicus Attorney (the combination that a number of practitioners use). The added benefits of Abacus Law include (1) its integrated, graphical design/interface (apparently a bit similar to Amicus Attorney), (2) its integrated e-mail agent/application (avoiding all of the integration problems with Microsoft Outlook, which I have experienced with several law office management programs), and (3) its direct integration with Hot Docs. Therefore, an estate planning lawyers entire practice can be truly integrated, allowing single data entry of a clients information. Time Matters & Billing Matters. Time Matters (http://www.timematters.com) from Data.TXT Corporation offers another comprehensive law office management program that can be expanded to include the new Billing Matters program (http://www.timematters.com/products/billingmatters/). Time Matters has consistently won readers choice awards in TechnoLawyer and Law Office Computing magazine. Like Amicus Attorney and PC Law, Time Matters allows integrated real-time coordination of office-wide calendars, contacts, matter information, telephone messages, task lists (to do items) and e-mail messages. Time Matters also synchronizes with a handheld PDA, and you can upgrade to an Internet-based version as well. Time Matters can be used as a complete solution or linked with other leading software, such as QuickBooks, Microsoft Outlook (http://office.microsoft.com/home/default.aspx), and Symantec WinFax PRO (http://www.symantec.com/winfax/). Last but not least, Time Matters integrates with WealthCounsels WealthDocs. Time Matters includes a basic billing system by default. However, the new Billing Matters program offers advanced billing options, allowing firms to generate a bill and post payment in one step. Like PC Law, you can use split, flat, consolidated, and allocated fees, as well as trust accounting, budgeting, and productivity reporting. While Time Matters began as strictly a law office management program, it now offers other versions for accounting and general business. Because Time Matters is customizable, most estate planning practices can start using the program quickly and easily and then adapt Time Matters to the practices own particular needs. This level of customization also means that most

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companies will greatly benefit from the advice of a qualified Time Matters consultant to benefit fully from Time Matters (and the new Billing Matters). Like PC Law, pricing for Time Matters and Billing Matters is attractive compared to other case management offerings. Pricing depends on the number of user licenses, with no additional components to purchase. For a combined Time Matters 5.0 and Billing Matters 5.0 professional package, the cost would be $1,600 for a five-user office, with competitive upgrade discounts available. Many other law office management programs exist, but I do not have any direct experience with them and therefore cannot comment on them in any detail. Again, resources such as the University of Florida College of Laws Legal Technology Institute, the American Bar Association, and TechnoLawyer can assist in selecting an appropriate solution. You might want to engage a consultant if you are not comfortable after doing the preliminary research on these programs. III. THE INTERNET FOR ESTATE PLANNING PROFESSIONALS AND OTHER MISCELLANEOUS BYTES A. Estate Planning Sites

I am obviously committed to using and promoting the Internet in my estate planning practice. You may visit my personal website, Legal Research for Estate Planners (http://www.jasonhavens.net), to view in detail most of my favorite Internet sites for estate planning professionals. I have also consistently posted comments on the Estate Planners and Administrators Discussion List. Following are some of my highlighted sites. The Capital Trust Company of Delaware. The Capital Trust Company of Delaware (http://www.ctcdelaware.com) site includes many useful Adobe Acrobat one-page summaries on basic and advanced estate planning techniques, which are excellent when explaining a concept to a client who would prefer a picture. Presentations are also available, as well as sample forms and provisions and extensive information on the application of Delaware law. Most of the mentioned materials are located in the Personal Trust Services area (http://www.ctcdelaware.com/trusts.html), under the Trusts heading on the top navigation bar. Formerly, professionals could freely register to access these valuable tools. As of this year, however, registration is no longer required. Visitors may still register for a free enewsletter, however, which contains planning discussions and recommendations from some of the helpful Capital Trust Company of Delaware team members. The Planned Giving Design Center. Another helpful resource for those of you who practice charitable gift planning is the Planned Giving Design Center (PGDC) ( http://www.pgdc.com/usa/). The PGDC was created in connection with Kallina & Ackerman, LLP in 1998. You can access the Gift Planners Digest, which features monthly professional articles on charitable planning; various information centers such as the Gift Vehicle Review (annotated discussions of charitable gift annuities, pooled income funds (PIFs), charitable

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remainder trusts (CRTs), charitable lead trusts (CLTs) and other gift planning vehicles), Gift Asset Review (comprehensive discussions regarding the use of different categories of assets including publicly traded securities, retirement plans, and real property), and Tax Review (including an Income Tax Review, an Estate Tax Review and a Valuation review); Kallina & Ackermans sample CRT forms; and much more. The Gift Planners Digest, a monthly article on a charitable planning topic (sometimes a reprint of an article first published in this journal or another estate planning journal) and charitable planning updates also arrive via an email distribution. You can register freely for the PGDC. The PGDC coordinates access to their site with planned giving councils around the country, which provide sponsorship for users in their respective locations. For example, I access the PGDC through Miamis planned giving council. B. Journals and Other Publications

Several journals and other publications are available via the Internet. Besides the Estate Planners and Administrators Discussion, the American Bar Associations Section of Real Property, Probate, and Trust Law allows limited free public access to its publications (http://www.abanet.org/rppt/publications/), the REAL PROPERTY, PROBATE AND TRUST JOURNAL and Probate & Property magazine. Two of the most active state bar associations in the estate planning area allow unlimited public access to their searchable publications. The Florida Bar Journal (http://www.flabar.org/DIVCOM/JN/JNJournal01.nsf/Articles?OpenView) and the Michigan Probate and Estate Planning Journal ( http://www.michbar.org/probate/journal.cfm) cover many estate planning topics and are very useful, even for out-of-state practitioners and professionals. For regular updates, I highly recommend all of the newsletters published by Leimberg Information Services, Inc. (LISI) (http://www.leimbergservices.com). All of the newsletters are available for a monthly subscription of $19.95, and are also available via the National Association of Estate Planners and Councils (NAEPC), which offers discounted access to LISI via local estate planning councils. C. Search Tools for a Personal Computer or Server

In my experience, the frustration of locating a document on your personal computer or your server can ruin your billable day. The default search function provided by Microsoft Windows does not provide the functionality of a search engine. Googles Search Appliance (http://www.google.com/appliance/product_info.html) is as powerful as the search engine but based on my Google searches, starts at $30,000. I am devoted to Google, but not at that level! You can use the library function of Amicus Attorney to organize all of your documents and research materials, but that consumes time. Thus, you need your own search engine on your personal computer or your server to find documents using relative and keyword searches. I have two recommendations here. First, iSleuthHound (http://www.isleuthhound.com) allows you to search multiple file formats based on Boolean searches (using AND, OR and proximity searches that find occurrences of words within a specified range). The SleuthHound! Pro allows me to search Adobe Acrobat, WordPerfect and other types of files. The SleuthHound! Pro (version 4.3) costs $34.99, and you can add plug-ins to extend its search

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capabilities. You can even search Microsoft Outlook and Outlook Express. For $99.95, you receive all available plug-ins with SleuthHound! Pro. I have not used it, but a new Intranet SleuthHound (version 1.3.7) was recently released. It seems very powerful. It costs $145 per server, plus user license fees ($14 per connected user). You can also purchase packages (http://www.isleuthhound.com/intrasleuth/orderintra.shtml). Second, Scopeware also allows you to search multiple file formats, and was designed by Yale professor Dr. David Gelernter. Scopeware offers many of the same features as iSleuthHound. For network users, Scopeware is probably the superior solution. You can review the Scopeware documentation, including users and quick start guides, in the Support area (separated for desktop and server products). You can use the trial version of Scopeware for 15 days. After that, you may purchase the desktop version, Scopeware Vision Personal version 2.1, for $25.46 (downloadable). The server version, Scopeware Vision Professional version 2.1, costs $67.96 (downloadable). Other products and packages are available. Third, I recently became aware of Filehand (http://www.filehand.com), a search tool that I am eager to review after receiving several recommendations of Filehand via other TechnoLawyer members. Filehand claims that [it is] like Google for your computer! Like other search tools, Filehand indexes your files and conducts relative search queries. However, Filehand claims to be superior to other similar search tools such as X1 (http://www.x1.com) and dtSearch (http://www.dtsearch.com), as listed on the comparison chart on the Filehand home page. As of this presentation, Filehand is being offered as shareware (actually as freeware), having recently received a 2004 Shareware Industry Award for best .NET utility. Finally, I more recently became aware of the Google Desktop Search tool (http://desktop.google.com). I am very eager to review Googles product, although it does not appear to search portable document format (PDF) files. This is definitely a search tool to monitor and one that will probably make the tools listed above obsolete (if this experience is anything like the search engine domination of Google). D. Connect2A

Connect2A.com (http://www.connect2a.com) allows estate planning professionals to track their clients assets and estate planning techniques via an Internet-based service that is encrypted and more secure than almost all private law firms internal servers. Connect2A offers excellent training, from their Internet-based presentations powered by WebEx technology (www.connect2a.com/C2Ademo.html), which cover basic aspects of Connect2A, setting up trust information in Connect2A, and the trust funding process of Connect2A, to their in-depth training sessions for the estate planning team. One of the most attractive aspects of Connect2As service is the ability to track asset and beneficiary changes during the trust funding process. Connect2As system is also compatible with HotDocs and thus is compatible with other estate planning programs such as Financial Profiles and WealthCounsel. The Connect2A service costs $60 per month, billed quarterly.

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E.

Professional Back Office

Professional Back Office (http://www.pbosolutions.com) (PBO) serves as an agent to assist attorneys in accomplishing trust funding. PBO charges a per-funding-action fee for this service, which averages approximately $550 for the funding of a revocable trust. I encourage you to review PBOs Frequently Asked Questions page (http://www.pbosolutions.com/frequently_asked_questions.htm) and to contact them for more information. Current subscribers of WealthCounsel and Connect2A receive a discount due to the existing strategic alliance among those services. F. Miscellaneous Bytes

First, without handheld personal data assistants, many of us would be lost! A handheld personal data assistant or PDA allows remote access to crucial calendars, contacts and even documents. I am strongly considering the purchase of a Palm-based mobile telephone, also known as a smart phone, that synchronizes with my case management system so that my contacts and calendar are always available on my mobile telephone. Currently, I regularly use a Sony CLIE, which uses the Palm operating system (requiring much less memory and battery life than the handheld personal computer or PC models). Sonys CLIE Web site (http://sonyelectronics.sonystyle.com/micros/clie/) includes a Handheld Sale or Clearance page, where you can find deals on discontinued or refurbished models. The CLIE synchronizes with law office management programs such as Amicus Attorney, PC Law, and Time Matters, which helps to remain organized. The advantage of PC Law is that it operates its own Palm-based program, PC Law TE, which allows flawless synchronization with its own Palm conduits. Amicus Attorney synchronizes fairly well with its own conduits, but the conduits work with the Palm operating systems calendar, contact manager, and task list, which can sometimes synchronize improperly (e.g., the law office management program uses home and business addresses, whereas the Palm applications only use a single address and therefore do not synchronize both addresses). The CLIE comes with excellent bundled software, such as DataViz Documents to Go (http://www.dataviz.com) and PumaTech Intellisync Lite (http://www.pumatech.com). I even use my CLIE to do presentations via the Margi Presenter-to-Go (http://www.margi.com) and a projector. Second, I also recommend a stowaway keyboard to use with your PDA. A stowaway keyboard expands from a one-half inch folded wallet into a full-sized (or QWERTY) keyboard. This accessory converts your PDA into a functional laptop, which Jason uses to take notes in meetings. You can even control the PDAs applications, such as the calendar, contact manager and task list, from the keyboard. Stowaway keyboards are available from a variety of sources, including directly from Sony, at prices under $75 (depending on the model). Third, I recommend a review of voice recognition programs. Dragon NaturallySpeaking (http://www.scansoft.com/naturallyspeaking/), which is available through ScanSoft, is still the voice recognition program of choice for most users. For example, a recent TechnoLawyer posting compared the use of Naturally Speaking with IBM ViaVoice

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(http://www-3.ibm.com/software/voice/viavoice/). The recent TechnoLawyer posting prefers NaturallySpeaking (as do I) due to its high accuracy rate, particularly in earlier training, and its slightly faster recognition rate. However, I need to note that you must use these programs consistently in order to obtain excellent results because these programs continue to learn your voice and dictation style. You should also research compatibility approval regarding microphones, voice recorders (if you decide to use a handheld voice recorder, which you can do with either program), and your computers required specifications, including your sound card and your processor speed. If your sound card is not acceptable, you can usually purchase a microphone with a built-in sound card. The bottom line is that you can improve your efficiency in a matter of hours with either of these voice recognition programs. Using these programs consistently should allow your staff members more freedom to do other things and merely finalize accurately-dictated work product. Either program costs about $100 for a standard version (or an upgrade to a preferred version), although I highly recommend that you consider the preferred version of either program, which is generally about $200. I have not reviewed it, but Dragon NaturallySpeaking offers a Legal Solutions version for about $1,000. Fourth, Brother printers and multi-function machines generally work as well or better than any other model or manufacturer that I have used, although Hewlett Packard printers have long been the standard for comparing printers. My law office recently purchased a Brother MFC-4800 machine (http://www.brother.com/usa/fax/info/mfc4800/mfc4800_ove.html), which is a typical multi-function machine: laser printer, fax, scanner and copier. The beauty of Brother machines is that they are sold bundled with excellent software, such as ScanSoft PaperPort (http://www.scansoft.com). PaperPort allows you to scan and save in various image formats, and also includes optical character recognition (OCR) software, which I have used successfully in the past to turn image files into text documents. I have also purchased Brother HL-1850 laser printers (http://www.brother.com/usa/printer/info/hl1850/hl1850_ove.html). These printers are extremely fast and have many attractive features, such as duplex (double-sided) printing and a relatively high month duty cycle (i.e., the maximum number of printed pages per month) of 40,000 (http://www.brother.com/usa/common/release/hl1850_1870n.pdf). The price of these machines makes them even more attractive: around $250 for a refurbished model from PC Nation (http://www.pcnation.com/asp/index.asp). Finally, I generally recommend Dell computers. I have purchased several Dell desktops and laptops. You cannot compare to the pricing and service of Dells Internet outlet (http://www.dell.com/outlet) in my opinion, where you may find refurbished models at discounted prices. You can search for desktops or laptops by specifying a number of variables, including price, memory and processor speed. (The remainder of this page is intentionally left blank.)

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IV.

CONCLUSION

Although this presentation might resemble a contemporary blockbuster film, where company names and products are seen repeatedly by the audience, its purpose is not to promote, endorse, or represent any product, company or entity. Rather, I hope that by my own technological trials and tribulations and my review of some of the tools that have worked for me, you will be able to make wiser choices that will improve your estate planning practice. Then perhaps you will share some of your own technological triumphs! As for my own preferences, about which I am asked often, I am migrating to the HotDocs-driven model. I am impressed by the stability of HotDocs and its amazing flexibility, which allows the user to create and modify his or her own templates. For purposes of this presentation, templates refer to frequently-used answer sets to accomplish a particular result within a drafting system. For more detailed comments on HotDocs and drafting systems, please review my upcoming (November/December 2004) Probate & Property Technology -- Probate column on The Advanced Course in Drafting Systems (accessible to members in PDF format and everyone in hypertext mark-up language (HTML) format via http://www.abanet.org/rppt/publications/magazine/home.html). As mentioned, the other primary benefit of using HotDocs is its compatibility and integration with select leading law office (case) management programs. I know that Abacus Law and Time Matters, the latter of which just released a much anticipated version 6.0, both integrate seamlessly with HotDocs. Therefore, the former dream of inputting data once for a client and then using that data throughout the lawyers practice has become a reality. The efficiency offered by the HotDocs platform is truly revolutionary. Of course, as I stated at the outset of this presentation, every estate planning lawyer is unique. What works in one practice might not increase the efficiency and effectiveness of another practice. The key is the users commitment to excellence and to conducting a diligent review of technology to help him or her deliver excellent services to the client. I hope that this presentation (and all of my efforts) will help attendees to continue this commitment.

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APPENDIX A: COMPARISON OF DRAFTING SYSTEMS

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APPENDIX B: COMPARISON OF CALCULATION SOFTWARE

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APPENDIX C: COMPARISON OF LAW OFFICE MANAGEMENT SYSTEM

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