American Lawyer Media
March 2000
Choosing Consultants
By
Dale H. Tincher
How did this happen?
Too often, law firms ask this question after discovering
that hardware and software are incompatible with existing or purchased systems.
During the recent Y2K panic, many law firms faced the
reality that it was time to upgrade hardware and software. That meant hard
decisions as how, when, and where to improve systems and equipment.
It also raised a threshold question: How should we decide
what we need? Should we rely on our existing tech staff, support staff
and lawyers, or should we retain the services of an outside consultant? As with everything, there are pros and cons
to each.
Staying In-house
A key advantage of handling the research, acquisitions and installation
with existing staff is that internal staff members already understand the firm’s
culture, strengths, weaknesses, and procedures. In-house staff may be able to
better “sell” the upgrade to staff, as they have existing credibility with firm
employees.
Ironically, this also can be a disadvantage in that attractive
options may be discarded. A major disadvantage of assigning internal resources
to handle a major upgrade is that it’s not only a drain of staff time, and of
course, loss of billable hours, but they may overlook viable options and tend
to prejudice toward a familiar product.
Hiring a consultant
But there are advantages to bringing in an independent consultant who is
experienced in designing and supervising law firm technology installations.
Although one of the secrets of success of any installation is to be sure that
the firm’s attorneys all “buy into” the project, and are properly trained (and
committed) to use the technology, those attorneys probably do not need be
involved in the minutia of the technology decision-making.
It’s probably a more wise allocation of time to have key attorneys earning
billable hours rather than focusing on the nuances of three vendors’ time-and-billing packages. Bring them in for
the final beauty contest, not the dog-and-pony shows.
An effective legal consultant will bring his knowledge of how systems work in
similar legal environments. He or she may have extensive first-hand experience
in integration; and can advise your firm on which products best work together.
Consultants can handle the headaches of preparing a Request for Proposal (RFP)
that requires each bidder to respond to the same configuration. They generally
will have expertise in assessing and comparing products, pricing and support
from varying vendors.
Choosing a Consultant
How can you find a consultant? Realtors say that there are three key items
when determining the desirability of a listed house. In order of importance
they are: Location, location, location.
How does a firm go about determining the suitability of a
computer consultant? Is there a foolproof evaluation method? I maintain that
there is: References, references, references.
When preparing for automation or expanding their system, law
firms can easily spend a great deal of time researching computer hardware and
software vendors. Much of this time is spent listening to sales presentations
and reading materials. Sales people are trained to be charismatic and
convincing and to present their products’ strengths while not discussing
weaknesses. Growing confusion and a frustrated rush to a decision are often the
end result.
Qualified consultants can eliminate unqualified bidders, and
can serve as a “buffer” between the firm and the vendor, not only in
negotiating contracts, but even in practical things such as dictating the
format and length of presentations.
Consultant or friend?
It’s also critical that your consultant and your firm take a “big picture”
view of your organization’s technology, and how it all works together. That’s
yet another reason why you want to choose carefully, and find a consultant with
experience with firms of your size and practice.
Not long ago, I saw a non-legal listserv post from a
gentleman who said, “My law firm client wants a billing system. Can someone
tell me what’s out there and how and how much the software costs?” It goes
without saying that the “consultant” was not going to address integration with
case management, document management and accounting. A law firm that wants a “total”
system should retain a consultant who has proven legal consulting credentials.
Too many firms pick a relative or friend for a consultant.
The logic is simple: They feel they can trust this individual. A friend will
make every effort to do a good job. Good intentions alone, however, are not
enough. The consultant of choice should design and monitor system
implementation. It is unlikely that the friend or relative has the
experience to properly design and monitor system implementation.
For example, many law firms have implemented document
management. The friend may be an absolute expert at CD-ROM installations, but
not be familiar with document management in terms of its value to a firm and
its design considerations. Many firms are installing real estate software such
as
SoftPro's ProForm. Does the friend
know the value of ProForm; is he or she comfortable in handling the
compatibility issues. Should the trust program integrate with the accounting
system or the real estate system or both?
Is the consultant aware of case management and the
importance of integrating it with compatible billing, word processing and
document management software? Are products such as
Legal Med Ware applicable? Is
integration of
time and
billing with other modules considered?
Marvelous legal tools are available. The needs of a law firm
are different than those of a wholesaler or a government agency. It is
difficult for anyone other than a legal-specific consultant to know the
availability, applicability, and current desirability of current legal
software.
Yes, under any circumstances, you want your law firm staff
(at all levels) to be technologically literate, and to not only endorse, but to
use the products and systems that are ultimately installed. But the bottom
line: they probably don’t need to be involved, and probably shouldn’t be
involved, in the nuances of the shopping experience.
Do your homework to hire the right consultant. Check
references and interview the consultant to make sure he or she is compatible
with your personnel and goals. Then let the consultant do the legwork while you
continue to bill and serve you clients.
