162 / 264
GAZETTE
AUGUST/SEPTEMBER
should it include only abstracts or references which would
cost less?
Campbell agrees with the view expressed in
Operation
Compulex
that there is no one, right, definitive computer
system and no one right legal information system.
"Systems which are sensibly established are set up on the
basis of careful planning, a balancing of interests and
compromise: often the aestehtic appeal or "purity" of the
system from a designers point of view must be polluted by
the introduction of pragmatic concerns and, especially,
commercial viability".
In his research, Campbell speaks of "lawyers' needs"
instead of their wants or claims. What the profession
(now and in the future) truly need rather than what they
want must be determined, he says. Campbell states that
his only concern is "the need for efficiency". His focus is
"what do lawyers need to make the legal system work
efficiently". Campbell believes that it is obviously
important to examine the size, structure and nature of the
legal profession (in the different jurisdictions covered in
his research — i.e. England and Wales, Scotland and
Northern Ireland). It is necessary to find out from lawyers
by means of questionnaires and follow up interviews:—
1. How they organise their time?
2. How they do their work at the moment?
3. What is the extent of their libraries?
4. What are their needs for information?
5. What are their research habits?
Campbell stresses the importance of the context in
which Solicitors work. There are considerable pressures
on Solicitors. The bulk of the law has been increased
recently by our accession to the European Communities
and the integration of European Community Legislation.
The law itself is becoming increasingly complex (but, of
course, lawyers can meet thid sevclopment by increasing
specialization and departmentalization in firms and the
use of branch offices). Also, one must ask if legal publica-
tions are fulfilling the needs of solicitors, he says. Add to
these pressures the urgency of the work, increasing work-
load, "increasing overheads, difficulties in recruiting and
paying adequate salaries to staff' and "uncertainty about
the future" and it would seem to be necessary to examine
the way legal practice is organised and the way lawyers
do their work. But, of course, different considerations ap-
ply to firms of differing sizes and to firms in different
localities and to firms the nature of whose practice is dif-
ferent.
Campbell remarks that lawyers "are seldom allowed to
focus on one particular client's problem, do research and
see the matter through to a satisfactory conclusion.
Rather they are badgered by the telephone, by clients, by
colleagues, by other lawyers; they have correspondence
to attend to, court appearances, consultations, meetings
and administration. They work under pressure of
deadlines and sometimes have to react quickly . . .
solicitors' work is by its nature 'prone to interruption'.
Instead of being able to focus on one thing at a time,
solicitors are required to attend to a variety of matters.
Frequently it is difficult to predict which clients' affairs,
what tasks or which actions will be required in any day".
Campbell believes that insofar as the solicitor's needs
for information are concerned it is clear that:
"[ 1.] in moving rapidly from one client's affairs to the
next he must be able to quickly identify the stage to which
matters have progressed,
[2.] he needs some system for warning him where one
client's affairs demands attention (say because of some
approaching deadline) and where others may be
postponed meantime,
[3.] he needs information about the relevant law and
procedures to allow him to move any particular client's
affairs on to the next stage, and
[4.] he needs a sufficiently flexible system so that, if he
has to "drop everything" and dedicate all of his time to a
particular matter, then he can trust that the others will
proceed without him, or that their supervision can be
delegated to others".
Campbell states that it is not surprising that the
amount of time solicitors do (or can) spend on looking up
or checking the law is extremely limited — perhaps just an
hour or so a week on average. Also, "Counsel's opinion
may be sought by a solicitor solely because a barrister has
access to relevant sources and a work style that allows
him to do the research in a way that solicitors in general
do not".
Campbell believes it is clear that "the extent to which
Solicitors in practice are involved in looking up the law or
doing legal research has been generally over-estimated"
and that this "may advise caution in considering the
prospects of any computerized legal information retrieval
systems". And yet, he concludes by saying that "it is
doubtful if the present situation can continue much
longer; if the amount and complexity and change in the
law go on increasing, the stress and strain in legal practice
will become even worse".
Certainly, Campbell's thesis is of much interest. His
comments, of course, relate solely to the legal profession
in the United Kingdom but the points made concerning
pressures on lawyers and lawyers' needs apply equally in
the Irish context.
It is clear, therefore, that before a system of legal
information retrieval could be introduced in the Republic
of Ireland (and it is hoped that the advantages of such a
system will outweigh the cost of the system) research will
have to be done on the needs of lawyers who would be the
THE INCORPORATED LAW SOCIETY OF IRELAND
DINNER DANCE
SHELBOURNE HOTEL, DUBLIN
Thursday, 24th November, 1977
DANCING 8.30 P.M. to 2.00 A.M.
DINNER 9.30 P.M.
Tickets on sale at the Bookstall, Shelbourne Hotel
Table reservations through Hotel only
127