The Gazette 1986

GAZETTE

JULY/AUGUST

1

Technology Without Tears: A Suggested Approach by Ian Long, B.C.L., Solr. (Legal Software Manager, Taggart Whelan & Assocs., Ltd.)

T he legal profession remains one of the last frontiers to be crossed by the intrepid bounty-hunters of the computer industry. The gold-rush is on. To the marketing strategists of the technology community, solicitors' offices appear as lofty peaks silhouetted against the sky and wrapped in swirling clouds of history and tradition. Classic virgin territory. How can the innocent natives survive the onslaught of the invading hordes? And will the cowboys in the mob be rooted out? This article seeks to reconcile the warring factions by proposing "rules of engagement" for both parties. The prospective buyer must be protected from the worst excesses of the supplier, who in turn requires certain basic information about the customer's needs. The indigenous population of these uncharted lands must be led to place some degree of trust in their unwelcome, but not necessarily undeserving, intruders. Armed only with the Law Society's Technology Committee Handbook and whatever pearls of wisdom you have extracted from the latest outpourings of the computer press, you proceed to sift among the rival suitors for your attention. Hereinafter, the singular includes the plural and the masculine includes the feminine, as they say in all the best contracts. What further protection will you need and how can you prepare yourself for the moment of decision? Before approaching any computer supplier or even researching what is available, you should indulge in a bout of navel-gazing.' Examine your conscience. Ask yourself why you are contemplating such an investment; analyse the purity of your motives and whether you need this apparently expensive piece of equipment. How will the office staff react to the imposition? Finally, are you prepared to get involved in the operation of the system and to supervise its use? The reasons adopted for installing a computer system are legion, some of them legitimate. It is hardly ideal to be motivated by "the crowd up the street" taking the plunge. An irrational fear of being left behind should not prejudice such a major decision affecting your practice. Merely because a colleague has acquired the latest wonder of automation does not necessarily carry any implications for your future course; his work-load and internal office routines may be quite different. When enquiring how others have approached the computer revolution, treat like with like. The ideal model is a firm of comparable size and clientele. There are several valid reasons to justify stepping out on the mine-field of technology. You may be concerned that your return in money terms does not adequately reflect the time devoted to

client matters. Accounting for, and the use of, time as the basis for profit-cost billing has always been vital to the established professions. With increased competition both from within the groves of jurisprudence and outside, the value of time-recording assumes even greater significance. Clerical routines such as addressing letters, quoting references and drafting standard forms should not distract the fee-earner's attention from the substantive law. Your education and training have equipped you for the essentials of client advice and assistance. The asset represented by your professional qualifications is wasted by an excessive devotion to administrative matters. It is a truism that the primary duty of a solicitor is to his client. A preoccupation with the minutiae of petty cash or the current stock of paper- clips will render it well-nigh impossible to allocate a proportionate amount of time to your professional responsibilities. In many smaller practices and some larger ones too, perennial cash-flow problems arise. A need may be discerned for tighter budget controls. The solicitor's profitability is bound to suffer in the event of poor management of resources. Likewise, if typical of your colleagues, practice development — or marketing — has rarely featured among your priorities. Marketing does not simply mean advertising. Promotional ideas may concern aspects of your company's service which distinguish it, e.g. special opening hours, provision for payment of fees by instalment, etc. Direct and frequent communication with clients also serves to engender loyalty and respect. In an age when many of those having recourse to legal expertise (particularly corporate clients) have streamlined their own operations through the use of modern technology, they will expect their professional adviser to handle those matters entrusted to him with equal despatch. The attitude of your non-legal staff must also be considered. An immediate suspicion, if not hostility, may be expected when the subject is first mooted. You should clearly explain why the firm is contemplating such an investment and what it is hoped to achieve thereby. Imagine your own reaction on discovering at 9.05 a.m. on a damp Monday morning an alien, threatening machine straddling your desk and accompanied by a formidable volume entitled "Instruction Manual". The increasing dependence of solicitors upon their support staff demands a close participation on the part of non-qualified personnel. Accordingly, greater effort and attention must be devoted to their needs. Failure to modernise a practice can lead to disaster. The recruitment of properly trained and competent employees is vital to the success of any

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