PDF/A Documents Simplified
Adobe Acrobat’s standard file-type, the “PDF,” is ubiquitous in the legal industry worldwide. But there is a newcomer to the field, a cousin to our well-known friend, called the “PDF/A.” The new addition to the acronym is for “archiving.”
Just as every administration, partner, paralegal and secretary have become familiar with the creation of PDFs, everyone will eventually need to be just as comfortable with PDF/As. The good news is that it doesn’t take much to understand and create them.
In 2010, the federal judiciary announced its intention to make PDF/A the mandatory file format for all electronically filed documents. There is no set global date at this time, but each jurisdiction is allowed to set its own deadlines. Therefore it is important that everyone involved in court submissions is cognizant of the local rules and dates in jurisdictions that they practice in.
Why is the judiciary changing the file format?
Essentially, the current file format may be problematic for people trying to view it later on down the road. Imagine an attorney or a judge attempting to view documents on a system created with technology that doesn’t exist yet. The PDF/A format tucks all of the information (images, typeface, formatting, etc.) into a single file. A good way to think of it is this: if you go back and try to read historical documents right now, often times the pencil or ink is fading and it can be difficult to decipher. The PDF/A is like switching to a permanent electronic ink.
How do you create a PDF/A, and how does the process differ from a PDF?
This will vary by firm and firm policies, but the mechanisms are nearly identical to creating a PDF. Sometimes “PDF/A” can be selected as a printer, there are often buttons within your working software (e.g., Microsoft Word), you can save a file as a PDF/A within Acrobat itself, and there are Adobe web resources that can convert files.
The big new step is validating that you have successfully created a PDF/A in Acrobat before e-filing. Again, this may vary with each firm, but there is a validation process through the “Tools -> Pre-Flight” menu in Acrobat. I encourage you to receive firm- or company-specific training on creating and finalizing PDF/As.
Additionally, there are two types of PDF/As: the 1a and 1b. 1a is the preferred format if it is available to you, but 1b meets the current and forthcoming minimum requirements set by the judiciary.
If you would like to see a step-by-step guide to creating a PDF/A using the “Save As” feature in Acrobat, please see the Additional Resources section below.
What are the drawbacks of PDF/As?
The largest problem, and likely the only one you need to worry about, is that PDF/A files contain more information and, therefore, tend to be a larger file size. Each jurisdiction’s e-filing size limitations are still applicable and should be adhered to. This may mean chopping up your documents (especially exhibits) into more separate files in preparation for submitting them to the court.
Additional Resources:
Using "Save As" to conform to a PDF/A
United States Court of Appeal for the Ninth Circuit video regarding the PDF/A format
