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If We Could Do It Over Again '

By Audrey Rubin
February 24, 2011

New law offices are opening every day: Some are opening because large firm partners are departing to start their own smaller firms; some because junior lawyers can't find work in established firms; some when firms expand to a new city; and some aren't traditional offices at all ' they're home or remote offices that, although for one or two people, have technology and connectivity issues nonetheless.

Law firm owners and administrators ' especially ones who have been part of law firms in the past ' often think that because they have operated in a legal environment before, they can easily select systems, have them installed and be up and running.

Wrong! As business and operations advisers know, no two setups are exactly the same. Goals for a smaller or remote office are not necessarily the same as for existing headquarters. And, with the constant updating of technology, prior decisions need to be revisited. What's more, pricing is almost never quoted in easy-to-compare ways. Practicing attorneys, especially when departing a firm to start their own, need to keep their eyes on the client ball, and often don't have the background or time to make technology decisions.

Over the past year, I have advised several groups of lawyers departing larger firms to start their own smaller ones. I've also worked with many small firms who needed seamless, upgraded connectivity to remote offices and wireless devices. Those clients who took the time to plan up front with experienced advisers fared the best by far. Those who did things by delegating to other partners, or by asking friends for technology experts without ample due diligence or reference checking, wasted a lot of money and experienced untold frustration.

Having efficient systems in place to handle technology when lawyers and staff departed vastly helped client relations, and also avoided exposure and expense.

Here are some lessons learned by my law firm clients, many of them the hard way.

1. Practicing lawyers are not technology advisers. Lawyers starting their own firm should tend to the business of law and client service. Those who assume the role of technology “guru” invariably run out of time and patience, only to have to undo mistakes in selection and installation.

2. One size does not fit all. Take ample time to understand the users' daily needs and methods of operation. Every lawyer and firm records time differently, needs different kinds of remote access, and shares and stores documents differently. Since there is no perfect set of technology choices, it is imperative to fully comprehend how technology will be used as a practical matter.

3. Meet the consultants. Check out their references. Be sure they get along together. Even technology directors with years of background should hire experienced consultants with solid references when undergoing a move or expansion. More than one firm this year has had to spend extra money to redo what an inexperienced, distant consultant installed. Worse, the various consultants (time/billing versus financial systems versus document management systems) had not worked together and didn't have a proven history of best integrating the various systems. This cost untold frustration and expense.

4. Get over it ' the servers. Do what you can to convince attorneys that the days of needing to own and maintain servers and other similar equipment are over. Those of my clients who insist on possessing their own servers need to understand that many large and small firms around the country are now moving to outsourced systems and the cloud. The old fears of confidentiality are gone. It is more realistic to assume a server room overheating or flooding, which is a risk reduced by outsourcing. Bring in consultants. Talk to IT directors of other firms and have them meet your firm's partners. Lawyers are reluctant to change, but this kind of change bears close examination.

5. Life isn't perfect; neither is technology. One of the most frequent concerns my clients raise is that their handheld devices don't seamlessly integrate with everything in the office. Without spending loads of money, that's undoubtedly true. Something will not be perfect. This is why lesson number 2 above is so important: you must thoroughly understand the attorneys' priorities.

6. Prepare for transition problems. Those IT directors and consultants out there who claim that transition will be easy are just asking for dissatisfied customers. Transition is never all that easy. Some things invariably go wrong, or don't operate exactly as anticipated. Be sure to set realistic expectations. If you can close down on Friday at 5 P.M. and open with all systems operating at 9 A.M. on Monday, great. But you are safer planning staged rollout and widely communicating the timelines. For instance, get e-mail, Word and contacts operating first. After they've been tested and work well with handhelds, then you can tackle document retrieval systems, and then billing systems. No firm should need its billing system completely functional on Day One. The key is to have backups and realistic timelines and expectations.

And be sure to draw diagrams and speak in descriptive ways so that lawyers can comprehend what you're saying. The truth is, most lawyers are taught to think logically and in a linear fashion. Technology experts work in an engineering world, where explanations of how things work are not always spelled out or steps in instructions are overlooked. You run the risk of frustrating the lawyers ' and even overlooking crucial information or expectations ' if you do not explain things slowly, graphically, and in clear detail to the lawyer-users.

7. Train after the fact. Well, that's an exaggeration. You need to train users on new technology before they open their doors. But what you really need is to have trainers walk the floor for the first week or two of operations. Many tech experts think the menus and icons are self-explanatory, either because they've worked with them before, or because to a tech mind they are so. Remember that not everyone's mind operates in the same way, and not everyone retains information or learns in the same manner. Lawyers can frustrate easily. Patience is not something we're known for. So be sure to have ample “fixers” all over the new office for a good week or two while people get used to the change.

8. Get help. Even the best of us can't do or understand everything ourselves. Bringing in experts is a sign of confidence, and demonstrates that you want the best results.

Try to retain consultants and suppliers who understand how law firms work. Lawyers tend to use documents and financial tools differently than other professionals. The technology priorities of a law firm are not the same as those for a medical office.

9. Build in extra time ' especially for phones. A few days to set up a new system and test it should be adequate, but things often go awry. In my experience, the longest delays are inevitably for phone numbers. In some areas, even after being assigned phone numbers, the utility needs to physically go to the building to designate and connect “your” wires from a central box. The phone process can take many weeks. Technology directors aren't always directly responsible for, or are expert in, telephone systems. When it comes to opening a new office, lawyers often lump phones into technology, meaning tech people are de facto responsible for phone systems. With the advent of VOIP, which has many advantages, phones morph even more into the technology realm.

My clients have also had the unfortunate experience of receiving hardware with corrupted hard drives or other defective parts. You've probably had such experiences, too. And there is typically the problem mentioned above of one system not integrating well with another. So by all means, leave lots of extra time up front to get the technology running and tested.

10. Don't over-engineer. Tech directors who implement zealous spam and other security protections are probably causing unnecessary headaches for themselves and their law firms. Spam filters that require clients to self identify before being allowed to e-mail their lawyers just get the clients angry. Blocking systems that don't permit attachments to get through the filter drive clients crazy. Security logins that require attorneys to input more than two levels of information try everyone's patience.

We're working with law firms ' not the CIA. While reasonable security measures are of course needed, and turn-offs for lost machines are advisable, lawyers need to work quickly and efficiently. Clients don't want to “be turned away” at their lawyers' Web sites. Your time and energy is much better spent in training people on how to securely use the technology, rather than building in unnecessary layers of protection that annoy the users.

Conclusion

Every one of these tips has been learned through real-life situations. Some seem obvious, but in the crunch of time and concern for expense, are skipped. Following these Ten Commandments will invaluably enhance your value to your organization, and the law firm's ability to be up and operating without major gaps in technological systems.


Audrey H. Rubin, president of Rubin Solutions, Ltd., is an interim Chief Operating Officer and business adviser to law firms and corporate law departments. Rubin has served as COO for large and small law firms, and general counsel for three global companies. She now consults to breakaway firms and existing firms and law departments that want to improve their bottom line. For more information, please visit www.rubinsolutions.com.

New law offices are opening every day: Some are opening because large firm partners are departing to start their own smaller firms; some because junior lawyers can't find work in established firms; some when firms expand to a new city; and some aren't traditional offices at all ' they're home or remote offices that, although for one or two people, have technology and connectivity issues nonetheless.

Law firm owners and administrators ' especially ones who have been part of law firms in the past ' often think that because they have operated in a legal environment before, they can easily select systems, have them installed and be up and running.

Wrong! As business and operations advisers know, no two setups are exactly the same. Goals for a smaller or remote office are not necessarily the same as for existing headquarters. And, with the constant updating of technology, prior decisions need to be revisited. What's more, pricing is almost never quoted in easy-to-compare ways. Practicing attorneys, especially when departing a firm to start their own, need to keep their eyes on the client ball, and often don't have the background or time to make technology decisions.

Over the past year, I have advised several groups of lawyers departing larger firms to start their own smaller ones. I've also worked with many small firms who needed seamless, upgraded connectivity to remote offices and wireless devices. Those clients who took the time to plan up front with experienced advisers fared the best by far. Those who did things by delegating to other partners, or by asking friends for technology experts without ample due diligence or reference checking, wasted a lot of money and experienced untold frustration.

Having efficient systems in place to handle technology when lawyers and staff departed vastly helped client relations, and also avoided exposure and expense.

Here are some lessons learned by my law firm clients, many of them the hard way.

1. Practicing lawyers are not technology advisers. Lawyers starting their own firm should tend to the business of law and client service. Those who assume the role of technology “guru” invariably run out of time and patience, only to have to undo mistakes in selection and installation.

2. One size does not fit all. Take ample time to understand the users' daily needs and methods of operation. Every lawyer and firm records time differently, needs different kinds of remote access, and shares and stores documents differently. Since there is no perfect set of technology choices, it is imperative to fully comprehend how technology will be used as a practical matter.

3. Meet the consultants. Check out their references. Be sure they get along together. Even technology directors with years of background should hire experienced consultants with solid references when undergoing a move or expansion. More than one firm this year has had to spend extra money to redo what an inexperienced, distant consultant installed. Worse, the various consultants (time/billing versus financial systems versus document management systems) had not worked together and didn't have a proven history of best integrating the various systems. This cost untold frustration and expense.

4. Get over it ' the servers. Do what you can to convince attorneys that the days of needing to own and maintain servers and other similar equipment are over. Those of my clients who insist on possessing their own servers need to understand that many large and small firms around the country are now moving to outsourced systems and the cloud. The old fears of confidentiality are gone. It is more realistic to assume a server room overheating or flooding, which is a risk reduced by outsourcing. Bring in consultants. Talk to IT directors of other firms and have them meet your firm's partners. Lawyers are reluctant to change, but this kind of change bears close examination.

5. Life isn't perfect; neither is technology. One of the most frequent concerns my clients raise is that their handheld devices don't seamlessly integrate with everything in the office. Without spending loads of money, that's undoubtedly true. Something will not be perfect. This is why lesson number 2 above is so important: you must thoroughly understand the attorneys' priorities.

6. Prepare for transition problems. Those IT directors and consultants out there who claim that transition will be easy are just asking for dissatisfied customers. Transition is never all that easy. Some things invariably go wrong, or don't operate exactly as anticipated. Be sure to set realistic expectations. If you can close down on Friday at 5 P.M. and open with all systems operating at 9 A.M. on Monday, great. But you are safer planning staged rollout and widely communicating the timelines. For instance, get e-mail, Word and contacts operating first. After they've been tested and work well with handhelds, then you can tackle document retrieval systems, and then billing systems. No firm should need its billing system completely functional on Day One. The key is to have backups and realistic timelines and expectations.

And be sure to draw diagrams and speak in descriptive ways so that lawyers can comprehend what you're saying. The truth is, most lawyers are taught to think logically and in a linear fashion. Technology experts work in an engineering world, where explanations of how things work are not always spelled out or steps in instructions are overlooked. You run the risk of frustrating the lawyers ' and even overlooking crucial information or expectations ' if you do not explain things slowly, graphically, and in clear detail to the lawyer-users.

7. Train after the fact. Well, that's an exaggeration. You need to train users on new technology before they open their doors. But what you really need is to have trainers walk the floor for the first week or two of operations. Many tech experts think the menus and icons are self-explanatory, either because they've worked with them before, or because to a tech mind they are so. Remember that not everyone's mind operates in the same way, and not everyone retains information or learns in the same manner. Lawyers can frustrate easily. Patience is not something we're known for. So be sure to have ample “fixers” all over the new office for a good week or two while people get used to the change.

8. Get help. Even the best of us can't do or understand everything ourselves. Bringing in experts is a sign of confidence, and demonstrates that you want the best results.

Try to retain consultants and suppliers who understand how law firms work. Lawyers tend to use documents and financial tools differently than other professionals. The technology priorities of a law firm are not the same as those for a medical office.

9. Build in extra time ' especially for phones. A few days to set up a new system and test it should be adequate, but things often go awry. In my experience, the longest delays are inevitably for phone numbers. In some areas, even after being assigned phone numbers, the utility needs to physically go to the building to designate and connect “your” wires from a central box. The phone process can take many weeks. Technology directors aren't always directly responsible for, or are expert in, telephone systems. When it comes to opening a new office, lawyers often lump phones into technology, meaning tech people are de facto responsible for phone systems. With the advent of VOIP, which has many advantages, phones morph even more into the technology realm.

My clients have also had the unfortunate experience of receiving hardware with corrupted hard drives or other defective parts. You've probably had such experiences, too. And there is typically the problem mentioned above of one system not integrating well with another. So by all means, leave lots of extra time up front to get the technology running and tested.

10. Don't over-engineer. Tech directors who implement zealous spam and other security protections are probably causing unnecessary headaches for themselves and their law firms. Spam filters that require clients to self identify before being allowed to e-mail their lawyers just get the clients angry. Blocking systems that don't permit attachments to get through the filter drive clients crazy. Security logins that require attorneys to input more than two levels of information try everyone's patience.

We're working with law firms ' not the CIA. While reasonable security measures are of course needed, and turn-offs for lost machines are advisable, lawyers need to work quickly and efficiently. Clients don't want to “be turned away” at their lawyers' Web sites. Your time and energy is much better spent in training people on how to securely use the technology, rather than building in unnecessary layers of protection that annoy the users.

Conclusion

Every one of these tips has been learned through real-life situations. Some seem obvious, but in the crunch of time and concern for expense, are skipped. Following these Ten Commandments will invaluably enhance your value to your organization, and the law firm's ability to be up and operating without major gaps in technological systems.


Audrey H. Rubin, president of Rubin Solutions, Ltd., is an interim Chief Operating Officer and business adviser to law firms and corporate law departments. Rubin has served as COO for large and small law firms, and general counsel for three global companies. She now consults to breakaway firms and existing firms and law departments that want to improve their bottom line. For more information, please visit www.rubinsolutions.com.
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