If you are a techie believer who awaits every new nuance of the myriad software choices available now with the kind of greeting only known to expectant parents you might not understand this column. If you are an elder law attorney relating to clients and other professionals as well as government, court, and private offices where everyone seems to evidence varying levels of sophistication you might temper your enthusiasm. Technology can be great – when it works. Few breathe a sigh of relief when a system is “down.” Dependable programs that
worked at one time are replaced – frequently – by new ones without fanfare or explanation. It is not like you can look things up in a manual.
Systems seem to go “down” when you need a critical piece of information to complete yet another form or application. Even worse, in some cases inaccurate information once entered into a system can repopulate other forms or other systems. There are stories of people reported as “deceased” who are very much alive who have taken years to correct their record. If you or someone interpreting your answers enters incomplete or inaccurate information in one form or system it can carry forward into others. Consider what happens when a wrong Social Security number or an inaccurate response to a question is repeated. Each new technological advance does not necessarily result in improved efficiency. Users need to be vigilant to assure that their information is accurate. Also it is important to note that some information in the Court system is required by law to remain confidential and such confidentiality must be respected.
Constantly improving technology can mean constant updates as well as constantly changing information. It is important to learn new features over and over again. This can be rewarding, insightful, and enjoyable. It can also be expensive, time consuming and sometimes frustrating.
Not everyone appreciates newer insights. In a related development there is even a term referred to as “computer rage”. Computer rage has been described as negative psychological responses towards a computer due to heightened anger or frustration. Examples of computer rage appear online and include cursing or yelling at a computer, slamming or throwing a keyboard or mouse (if you still use a mouse) and assaulting the computer or monitor with an
object or weapon. There are some fascinating online examples.
Forms of Communication. When attending a legal technology seminar in Chicago a few years ago I asked how to communicate with clients and others with varying levels of sophistication. The answer was to develop different systems for different recipients. This can be easier said than done. Obvious examples include whether and when to communicate by email, voice mail, phone, zoom, conference calls with multiple participants, text or even by rarely used today U.S. mail. Many of my correspondents use all of the above sometimes simultaneously. This can make it confusing since you might expect an answer by email and receive it by voicemail, for instance, or leave a voicemail and receive a brief text response. You could attach an important business letter to an email and receive a phone message in response. There are some government or other decisions that require response within a given date or result in penalties if not received by that date. If the notice is sent by regular mail the date may have expired by the time the notice is received. Sometimes we check on line to determine status in advance.
By way of communication at one end of the spectrum there are client portals that can allow direct communication including almost everything in one place. At the other, a local correspondent might simply ask whether he/she could just drop off the information and documentation to our office and what are our hours since he lives close by. We have considered whether we should ask what is the most convenient way to communicate on a regular basis although we recognize this can change.
Another point. Document attachments can be tricky. One tip – without a scanner, transmitting lengthy documents by photographing each page by phone is almost always unrewarding. I have known individuals who drive to an office to have documents faxed but not all offices use fax today either.
Consider alternatives. With offices including some government offices closing in some areas and phone service sometimes no longer available for individuals filing individual applications especially in some rural areas alternatives need to be considered.
Esquire, Colliton Law Associates, P.C. Janet Colliton has practiced law for over 38 years, 37 of them in Chester County, Pennsylvania, a suburb of Philadelphia. Her practice, Colliton Law Associates, PC, is limited to elder law, Medicaid, including advice, applications and appeals, and other benefits planning including Veterans benefits, life care and special needs planning, guardianships, retirement, and estate planning and administration.