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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