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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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