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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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