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Consulting Engagement


The Law Office Automation Consulting Engagement
by Andrew Z. Adkins, III [adkins@law.ufl.edu]

Many clients are unsure as to what a consultant does during an office automation consultation, what services are provided, and how the consultant reaches conclusions. I prepared this short article to present information regarding the consulting engagement, in particular, how the consultants with the Legal Technology Institute work with law firms through the consulting project.

For most projects, we follow a basic three-phased approach to consulting: analysis & requirements, implementation, and follow-up. This approach comes from years of engineering design experience, computer hardware design, and software development. It is simple and straightforward:

Analysis & Requirements Phase
The Analysis and Requirements Phase concentrates on analyzing the law firm's automation needs. During this phase, we gather information about current automation systems, problems and limitations the firm may experience using this technology, the firm's immediate needs and long-range goals, and the flow of information through the office. Our interview philosophy is based on two different, but integrated, aspects of the firm: Business Management and Practice Management.

Business Management applications are typically used to run the business side of the law firm. These applications include:

Practice Management procedures and applications are typically used by practicing attorneys and paralegals. These include:

We interview key individuals in the firm, concentrating on how case and client information flows through the office. The purpose of these interviews is to gather the necessary information about how the firm functions, both as a business entity and in the practice of law. We recognize a law firm's time is of the utmost importance. Our interview techniques have been developed and refined over the years. The process is direct and to the point.

We provide the roundtable for discussions among the different departments in the firm. Often, firms discover redundant procedures during this interview process. We talk with:

Often we interact with the firm's internal technology committee, provide advice for sound decisions and direction for long-range planning.

In most cases, we will prepare a report for the firm. This report is designed to be readable by all members in the firm and includes:

The report is delivered in either written format, presented to the shareholders and management, or a combination of both, depending upon the firm's internal needs. The purpose of the analysis report is threefold:

Implementation Phase
The implementation phase will see the firm through the process of:

During this phase we will prepare a formal Request for Proposal (RFP) for the firm, review with the firm's management, computer department and technology committee to ensure we address all requirements for the firm. After approval, we send the RFP to viable vendors and system integrators capable of handling the required system.

Usually, we will coordinate and chair a vendor's conference at the firm's office and encourage all invited vendors and system integrators to attend. This conference provides a forum for the responding vendors to recognize all the technical and management issues detailed in the RFP. It also provides them the opportunity to view the firm's offices and floor plan and to meet the management of the firm. The conference is usually held one to two weeks after sending out the RFP.

System integrators appreciate this opportunity, allowing them to address all technical issues addressed in the RFP. Usually, this meeting will prompt the bidders to submit an initial lower bid, since they are aware of the other respondents invited to bid and the types of computer hardware and software proposed by the vendors and system integrators.

Depending upon the size of the system, we try to allow several weeks for the vendors to respond to the RFP. The firm wants to have a solid proposal from each responding vendor and this time is well spent by vendors providing their solutions and costs.

The proposals are usually sent directly to our office for evaluation, with a copy sent to the firm for review. We review the proposals in detail, ensuring the vendors meet the minimum required specifications presented in the RFP. We discuss any questions on the proposals with the vendors to ensure we understand their stance on technical issues.

We compare the types of equipment and the proposed costs for the equipment. This spreadsheet comparison often uncovers areas of potential negotiation, both in the "hard dollars" (computer hardware, software, networking) and the "soft dollars" (installation, training, maintenance, and support). This detailed evaluation will help determine areas of potential negotiation when the final contract is negotiated.

We prepare an evaluation report and present it to the firm, comparing the types of equipment and the costs for each, in a categorized, line item spreadsheet. We also prepare a short synopsis of each vendor's proposal, outlining the strengths and weaknesses of each and their solution to the firm, so the firm will have a better understanding of the proposals and how we reached our conclusions. We discuss this report in detail with the firm's management, addressing any questions regarding the vendor or the proposal.

Depending upon the firm's needs, we may suggest a meeting at the firm's office for a selected "short list" of vendors to present their solutions. This provides the firm an excellent opportunity to review in detail the software, the vendor, and the implementation plan and costs.

Once the firm decides on a vendor and an initial price, we then contact the selected vendor(s), and start the negotiation process. We often work on behalf of the firm, requesting additional information such as pricing discounts or additional services, depending upon the firm's requirements.

Usually, this negotiation results in either a reduction in the final proposal cost or an increase in the type of system delivered. Our negotiations in the past have helped firms reduce the total package price from 3% to 15%, depending upon the size of the firm and the equipment delivered. It is important to realize that negotiation is a give and take process involving both the firm and the vendor. The end result should be a "win-win" for both the firm and the vendor.

Follow Up Phase
After the vendor or systems integrator is selected and the contract has been signed, often we stay involved helping manage and coordinate the installation, training, and testing. There are several areas in which we can assist during the implementation, including:

A Word About Consulting Fees
There are two types of consultants in the legal automation industry. Those that make a profit by the recommendations they make and those that are independent and have no affiliations with computer manufacturers or software developers. The consultants associated with the Legal Technology Institute receive no commissions, are independent and have no conflict of interest with their recommendations. We often request the services of computer consultants that sell products to help with an installation or training, depending upon the firm's requirements.

Because we receive no commissions and referral fees for our recommendations, our consulting fees are based upon the value of the service we provide to our clients, similar to how attorneys value their time. Our consulting rates are typically based on a daily rate, an hourly rate, or a project rate, depending upon the type of services requested and the length of the engagement. In most cases, our consulting rates are much less than those of attorneys in the firm. It is noteworthy that in most of our consulting engagements, we are able to more than offset our fees by the savings and other benefits we achieve on the firm's behalf. We also dramatically reduce the time and frustration associated with dealing with and analyzing the multitude of conflicting vendor claims.

Conclusions
Our experience in the computer industry, both in engineering design and development and as consultants, allow us to bring a unique talent and understanding to the legal office automation profession. We take pride in our professional consulting services and the fact that we have consulted with law firms of all sizes, government agencies, and corporate legal departments.

Each assignment is different in the sense that all law firms operate differently and have unique requirements. We realize that in most cases, law firms and lawyers would rather practice law than deal with computer systems, but most law firms use the computer as part of their business. Our mission is to provide the law firm with professional, independent technology consulting to meet the firm's needs. Our basic business philosophy is . . .

Clients Come First!

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