, Hilder

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Paul Hilder, IT In The Solicitor's Office, Blackstone Press, London 1997, vii + 174 pp, ISBN 1 85431 537 4, pb £24.95.

Reviewed by Richard Schulte

Solicitor (Admitted in England and Wales & Queensland, Australia) and Ph. D Student at the University of Durham
108 Savages Road
Brookfield 4069
Brisbane
Queensland
Australia
<[email protected]>

Copyright © 1997 Richard Schulte.
First Published in Web Journal of Current Legal Issues in association with Blackstone Press Ltd.

Introduction

There have been a number of recent exercises in legal futurology that predict a brave new world for legal practice (Susskind 1996; Widdison 1997). If science fiction is ever to become legal fact, then numerous barriers must be negotiated. First, there are the technological barriers, but these are rapidly being dissolved. Indeed, preparing documents and keeping diary notes yourself by simply talking to a computer; conducting research beyond the bounds of limited practice libraries; reading a House of Lords judgment over the Internet shortly after it has been handed down; attending on a client, producing a witness's statement and having it signed then and there, are all uses of IT presently within reach of all lawyers. Currently, most legal practices make some basic use of IT such as word processors and accounting packages, but this is mere lip service when compared to the possibilities. Moreover, legal practice must make greater use of IT simply by force of technological osmosis in everyday dealings with administrative bodies that exploit IT's advantages.

Second, in a profession where principles are forged over hundreds of years, it is not surprising that there is a reluctance to embrace the "next wave" of IT. Here, our concern is with systems that offer to liberate practitioners from the geographical and staffing constraints that constantly stymie the process of legal manufacture. Two such systems, yet to make a real impact on the practice of law, are the use of videoconferencing and voice recognition software. Change will come because a saving in time and money is powerful justification for the modification of how legal practice is conducted. Lord Woolf's recent review of the civil justice system (Woolf 1996) calls on the legal profession to make greater use of IT in order to achieve these ends for the ultimate benefit of clients. The difficulty for legal practice lies in implementation of this ideal. If day to day legal practice is to be shunted into the futurologist's world, then work must be done at grass roots to educate and convince practitioners that IT is a worthy investment of their time and money. When the profession's reluctance to deal with change is overcome, the knowledge and skill thresholds necessary for practitioners to make informed decisions must be negotiated.

Any cognate attempt to bridge the divide between the futurologist's theory and reality of practice is to be commended. Hilder's timely book provides an accessible, informed and convincing argument for the implementation of IT in a solicitor's office. This volume fills a void in the market for basic introductory works specifically aimed at solicitors by effectively breaching the information barrier for IT novices and also those with some basic computing experience. Hilder aims to explain to those training for, and those involved in legal practice, how IT can be utilised together with identifying some of the expected traps for the unwary. The emphasis placed on the management of this process sets it apart from Philip Leith's more technical and now out of date, The Computerised Lawyer (Leith 1991). For most, the Scylla and Charybdis of IT are the complexity of technological language and computer sales people. Indeed, upon completion of the book the reader should come away with an improved understanding of computers, software and the process of computerisation sufficient to avoid being completely overawed by zealous computer consultants. Hilder initially sets the scene with a description of a fictional ordinary practice - Wizard & Company - considering the move to implement an IT policy and the methods used to reach the necessary decisions (Chapter 2). As descriptions of discrete types of IT are addressed, reference is regularly made to Wizard in an attempt to demonstrate how a non-technologically based practice can make the transition to exploit IT.

The Basics - Hardware and Software

The reader is eased into the explanation of computer networks (Chapter 3), given an overview of how computers in a legal office can communicate and taken through the software and hardware needed and the differences in price and performance offered by various types of cabling and network configuration. If, at any time, the language becomes too difficult, there is a useful glossary of commonly use terms and acronyms with clear explanations. Next, is a chapter on Windows for Workgroups providing brief explanations of the software installation, the sharing of files between computers and users, and some of the features such as Chat, Winmeter and Netwatcher. Further explanations offered include sending messages from one user to another using mailing accessories, electronic diaries and cutting and pasting information from one function to another. Hilder then deals with how to purchase the hardware and software necessary to set up a Local Area Network (LAN) (Chapter 5). Here, there are up-to-date details of the cost and specifications of hardware such as modems, network cards, back up systems and printers, to name a few. Concise descriptions are given of the software available for functions such as databases, word processing, spreadsheet, electronic diaries and e-mail packages with a brief synopsis of their use in the legal office (Chapter 6). When the basic function and structure of the computing system is complete, guidance is given on how an IT policy can be put in place (Chapter 7) in a graduated and considered manner; a process Hilder perceives will take between three to five years (p 46). We are introduced to a number of very simple ideas that provide common-sense management of what, for any firm, will mean a substantial expenditure of capital and training time.

The Possibilities - Breaching the Divide

Money is made in legal practice through the provision of timely and accurate services. It stands to reason that, if you can provide accurate advice more quickly, productivity and fees will increase. Many of the tasks in legal practice are repetitive, be it the use of similar court forms or the process of research, and so lend themselves to automation. Research via electronic means is a powerful resource and significant time-saver. Vast textual databases of legal material can be queried as opposed to the drudgery of working manually through the many legal indices. Hilder explains the advantages of both on-line and CD-ROM legal databases such as LEXIS/NEXIS and JUSTIS, respectively, considering that their need and usage must be tailored to each firm's requirements (Chapter 8).
Whilst the technology of a computer interface that allows us to simply talk freely so various tasks can be carried out is still some way off, Hilder's most convincing argument, is the call for greater use of voice recognition software (VRS) (Chapter 9). Inherent in the traditional author-typist relationship is a duplication of time spent on various tasks. Simply, the author expends time drafting the document; the typist must then expend time listening to and preparing the document from the dictated material. VRS is potentially the most emancipatory development offered by IT to legal practice because the duplication in effort is dissolved. VRS leaves document production in the immediate control of the author. The empowerment of authors will prove to liberate practitioners partially from the limitations of staffing and will no doubt reduce wage costs. Alternatively, Hilder suggests that support staff's time is better spent in the provision of fee-earning services and in marketing (p 64).

Next, is a discussion of the advantages of electronic forms (Chapter 10). Electronic forms move practice away from the paper-based culture. Pre-printed forms need not be kept gathering dust. The laborious task of typing out these forms, be it for conveyancing or a court document, can be replaced with the more time effective completion of forms in a word processor, corrected as needed and printed for use. Recent reports show that this is an area the profession is eager to grasp (Abbey 1995).

Two demonstration disks are provided with the book. The first contains software demonstrating a dedicated practice management program. The second is a working demonstration of a software package that queries the user for details necessary to determine if the prospective client is eligible for Legal Aid and the contributions payable (if any). These two demonstration disks dovetail with the discussion of dedicated legal software (Chapter 11). We are shown how simple day-to-day functions such as time recording and diary note taking are facilitated by the software. Attention is also paid to introducing conveyancing, debt recovery packages and how the Legal Information Network (LINK) operates. Videoconferencing is making inroads into the practice of law (Chapter 12). Unlike VRS, the set up costs of videoconferencing probably remain prohibitive to all but the large international law firm. This helps dissipate the geographical constraints regularly placed on having to interview clients or witnesses. Already, use is being made of conducting some court procedures by videolink.

Conclusion

Hilder presents a concise, easy to read guide to the installation and implementation of IT in a solicitor's office. The style is deliberately introductory; this is not a book for technophiles. However, for those wishing to take the initial tentative steps toward understanding the possibilities, advantages and the process of computerisation in a solicitor's office, Hilder provides an interesting and light read. Unfortunately, as with anything to do with computers, the pace of technological development ensures that much of the material will quickly become dated. Whilst this will remain true for some of the material, it is the simple managerial guidance which will continue to be relevant for some years. Given the cost of many computer courses, the price of £24.99 for the book should be money well spent before getting on the phone to a computer consultant.

Bibliography

Abbey, R M (1995) 'Information Technology and the Legal Practice Course' [1995] 5 Web Journal of Current Legal Issues
Leith, P (1991) The Computerised Lawyer - A Guide to the Use of Computers in the Legal Profession (London: Springer-Verlag)
Susskind, R (1996) The Future of Law (London: Oxford University Press).
Widdison, R (1997) `Electronic Law Practice: An Exercise in Legal Futurology' 60 Modern Law Review 143.
Woolf Report (1996) Access to Justice: Final report (London: HMSO)

United Kingdom Journals