The Gazette 1986

GAZETTE

JULY/AUGUST

1

something to make it useful could severely limit your range of software options. A piece of hardware is only as good as the prográm it uses. The acquisition of good software may be a tedious affair but at least you can see for yourself its capabilities and limitations. Not so with hardware. The prospective buyer of a computer is forced to rely on the technical expertise of the supplier. In particular, the different hardware configurations — single workstation, multi- user system, networking — should be clarified to your satisfaction. Purchasing a sophisticated and complex computer may be compared to buying a car. The vast majority of people know why they want a car, what they want in it and, more importantly, they can drive one already. The buyer of computer equipment may think it a good idea and will learn how to use it after he commits himself. None of the equipment's internal machinations are amenable to the same critical enquiry as the programs they operate. Your purchase contract should provide a maintenance and repair in the event of breakdown. The Law Society's Code of Standards for computer suppliers specifies that your written requirements will be incorporated into the contract. Your right of action in the event of machine failure is thereby preserved. The contractual position must be considered carefully. Most suppliers adopt a standard form of contract which covers the essential terms — maintenance, training, support, installation, price, system tests, etc. A common feature of computer contracts is the provision of maintenance and support at an annual cost based on a percentage of the purchase price. However, the practice varies with regard to staff training. Several companies provide full training at no extra cost, others charge a daily rate of between £120 and£180. It is an important consideration because training your staff properly can be quite expensive. Other matters should also be raised with your supplier at an early date. Any necessary preparatory work in the office, e.g., electricity supply, setting aside sufficient workspace, must be detailed in order to ensure a proper environment for the computer. In addition, you should enquire into the total cost of peripheral items such as cables, disks, printer ribbons, computer paper, etc. Unless taken into accout, the hidden extras could arouse the same feelings of anger and helplessness experienced by the lay litigant whose star witness goes missing on the morning of his High Court action and some kindly soul breaks it to him gently that, if he loses, costs will be awarded to the other side. As regards method of payment, you may opt for outright purchase or lease over 3 to 5 years. Leasing places minimal strain on your cash-flow initially, but at the expiration of the lease period you will have paid considerably more than the retail price at time of acquisition. The current leasing rate approximates to £75 per £1,000 per quarter, depending upon finance house. If your office account can bear the load, outright purchase is preferable, particularly in view of the generous tax allowance. Likewise, there are several ways of dealing with suppliers. As practitioners, each of us likes to regard our own office as unique. Every firm has its own modus operandi and internal politics, apart from the obvious differences of size and antiquity. Similarly, those companies supplying computer

equipment to the profession do not form a homogeneous, undifferentiated mass. Even a cursory glance at the list of recommended suppliers and their descriptions in the Society's handbook reveals a wide variety of commercial enterprises. Some are Irish subsidiaries of multi-national companies. Many have long experience of supplying equipment and software to the established professions. Several organisations provide a complete range of products, others can offer only particular machines or software applications. Your guiding principle in threading a path through the jostling, heaving cabal should be a concern for accountability. You must be able to nail someone if a fault becomes apparent, provided of course that your secretary has not unwittingly (or otherwise) sabotaged the equipment by the insertion of a well-chewed piece of gum in the disk-drive. The best way to avoid infinite fudging by a host of service engineers, programmers and sales people is to deal with a single company for both your software and hardware requirements. It will be responsible for the performance of the entire system. Some computer programs have attained the status of legends in their life-time on account of incompatibility with certain machines. It is also the case that several makes of computer will only run a narrow range of software products. By contracting with supplier for the purchase of an entire package — known as a "turnkey system" — you may rest assured that the various components will operate in harmony to achieve the desired effect, i.e., more profit. In order to secure a greater financial return, long- term planning is essential. You are required to make a strategic decision: what is the most effective means of expanding your practice and how can you best cope with the anticipated growth? Envisage the practice in 5 years' time. The extent of your commitment to modern technology will depend on how (and whether) your projected development is seen to alter the present operation. A planned expansion is vital to the success of any business. The practice of law is no exception. Enthusiastic computer salesmen often seek to exploit a customer's ignorance, leading one to suspect the whole idea of automation. There is really nothing to fear, except perhaps enthusiastic computer salesmen. If you know what you want and what you can afford to pay for it, you will not easily fall prey to the shadier variety of the species. The benefits of a carefully-chosen system are undeniable. It was to promote and regulate the installation of computer equipment in solicitors' offices that the Law Society produced its Code of Standards and explanatory manual for the guidance of members. The Royal Commission on Legal Services in England and Wales recommended— " . . . that all Solicitors should make greater use of computers and modern technology in planning the administration of their practices . . . . the salvation of many facets of legal practice lie in the lawyer's acceptance of the computer as a working tool." The adoption of modern working methods cannot be left to the mercy of prejudice or paranoia; it is central to the survival and prosperity of our profession. •

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