The Gazette 1977

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? 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 3. What is the extent of their libraries? 4. What are their needs for information? 5. What are their research habits?

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

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