View Article  And we end the week with a cartoon
View Article  Interview with Neil Araujo of Autonomy iManage - don't fear the Swiss Army Knife
We had an interesting phone interview with Neil Araujo, the new CEO of Autonomy iManage last week. Araujo was one of the original founders (and one of the original software authors) of iManage Inc back in 1995. Since then he has held a number of senior roles within both iManage and Interwoven – as well as taking time out to attend business school – before taking over the hot-seat as CEO on 2nd October this year.



Araujo says he believes one of the reasons why the acquisition by Autonomy has been so problem-free is that both Autonomy and iManage have "a similar culture, are both technology driven and share a common set of values". This, he says, has not only resulted in a smooth integration of the Autonomy/iManage products but also has been achieved without any slippage on the core iManage product development roadmap.

But what about iManage's competitors and the continuing background buzz that one day Microsoft Sharepoint will emerge as a real challenger to iManage Worksite in the DMS space?

According to Araujo, while competitors seem content to merely add "fresh bells and whistles" to their DMS platforms, the addition of the Autonomy dimension has been a game-changing development that allows iManage to concentrate on the management of content in its broadest sense. And by 'broadest sense' Araujo points to the fact that not only have volumes of data increased significantly since 1995 but the nature of this content has changed, with documents frequently comprising less than 20% of the total content under management.

One area the business is now looking at is harnessing the Autonomy IDOL engine to help "better understand the meaning of documents" so rules can be introduced to automate more aspects of the document management process, such as automatically filing emails against the appropriate client matters.

"It is important," says Araujo, "to recognise that IDOL is more than a search engine. It is actually an information processing platform – it has a potentially proactive role, a digital assistant that can drive productivity and efficiency to whole new frontiers. This takes iManage into the era of meaning based computing."

In addition to efficiency gains, Araujo says these new developments have huge potential for helping firms deal with compliance issues by automating rules such as encryption – which in turn provides the addition of a risk management function.

"The bottom line," says Araujo, "is we will see a more comprehensive approach to content management. There are greater volumes of data to deal with. There are new economic drivers. There is the whole risk management/e-discovery dimension. The market recognises we have this vision and are now moving the traditional DMS industry in a new direction."

As for Sharepoint? Araujo says that while a lot of iManage users run Sharepoint as a portal, it is basically a collaborative tool – like Lotus Notes – and, as such, contains an uncontrollable element that makes it inappropriate in an environment where corporate governance and document lifecycle management is now so important. "Sharepoint," says Araujo, "is like a Swiss Army Knife, it has a lot of useful tools in it but you wouldn't want to use it to cook a meal."
View Article  LSC get slapped wrist by NAO for £25m legal aid overpayments to law firms
The head of the National Audit Office, the Comptroller and Auditor General, has today qualified the accounts of the Legal Services Commission for 2008-09 because of overpayments made by the Commission to solicitors, estimated at almost £25 million. The Legal Services Commission is responsible for the provision of legal aid in England and Wales through the Community Legal Service Fund (for civil cases) and the Criminal Defence Service (for criminal cases).
 
The NAO, as part of its annual audit of the Legal Services Commission, identified an estimated total overpayment to solicitors of £24.7 million in 2008-09. Of this, £6.4 million were payments made to solicitors where legal aid had been provided to claimants where there was no evidence that they were eligible to receive it. The remaining £18.3 million of erroneous payments were made to solicitors working on cases which were eligible for legal aid, but in which solicitors over-claimed for the work they did.
 
The highest level of financial error was in relation to solicitors working on Family and Immigration claims. Within this area, the NAO’s testing showed that 25 per cent of the claims examined were incorrect or unsupported. For many cases, the error resulted from solicitors claiming against an incorrect category of work or for an incorrect level of work carried out. For example, the NAO identified a number of instances where the solicitor had incorrectly claimed a fee for an asylum case instead of the correct, and lower, fee for immigration work.
 
The LSC recognises there are a number of factors contributing to this level of error, including the complexity of the fee regime, the limited controls to validate the accuracy of the submitted claims, and the quality of the Commission’s post-payment internal assurance processes. In the NAO’s view, this, together with the absence of a strict sanctions regime to deter the submission of incorrect claims, creates a risk of solicitors exploiting the payment system.
 
Mr Amyas Morse, head of the National Audit Office, said today: “A significant sum of taxpayers’ money is being paid to solicitors in error. The Legal Services Commission needs to build on its existing efforts to tighten its controls on payments to solicitors and on how it monitors the eligibility of cases supported by legal aid. Where appropriate, the Commission should also impose sanctions on solicitors found to be making incorrect claims.”
View Article  Guest article: SaaS for legal software - LSSA look at the pros and cons

Law firms are increasingly embracing the internet as a way of accessing a variety of popular legal applications says Dominic Cullis, Chairman of the Legal Software Suppliers Association (LSSA).  But what are the benefits – and drawbacks – of this kind of technology?

 

The concept of deploying software over the internet has grabbed the attention of the legal sector.  Increasingly, law firms are adopting this internet-centric model to offload the burden of server maintenance and data backup, whilst expanding access to their IT systems. While some firms might remain sceptical of this new technology and question a third-party's ability to safeguard client data, members of the Legal Software Suppliers Association (LSSA) remain confident in their software's ability to keep data safe, secure and accessible.

 

To understand what web-based software is, it's useful to see how it differs from traditional software deployment models. Some firms may have heard web-based software described as Software as a Service (SaaS) but there is still some confusion over how these web-based models differ from a traditional IT system.

 

In fact, the difference is clear. With traditional off-the-shelf software packages, the software is normally installed on a server, and then on each computer in the office. The server hardware is located in the firm's own office and is accessed on the PCs used by solicitors and their staff. Typically, the software is purchased up front, although there may be an annual support fee to cover upgrades and customer support services. With this model, each application needs to be separately installed on each user's PC. Any upgrade to the application would therefore also require an upgrade to the software on each user workstation, adding to support costs and potentially harming productivity.

 

With the SaaS model, however, data is typically secured at a central location, and then monitored by IT staff that handle routine back-ups, upgrades, modifications, installations and necessary maintenance. As such, the security and maintenance is often far superior to what a law firm could implement in its own office. Not only that, but using SaaS in this way also means that there is no need for the firm to buy expensive server hardware.

 

Osprey.TM, the software produced by LSSA member Pracctice, is a web-based software package designed  specifically for law firms. Pracctice originally released Osprey.TM at the London Legal IT exhibition back in February 2004. As such, Osprey.TM  was the first full function, purely internet-based PMS to be released to the UK legal market. "Without a doubt, web-based software can provide a low cost, future-proof tool for law firms that will deliver huge returns on a small investment, and  therefore provide considerable savings," says Matthew Lancaster, Marketing Director for Osprey.TM. With this model, the firm will typically pay a monthly subscription fee to use the service, rather than purchase the software up front.

 

"The traditional advantages of web-based applications are geared around ease and consistency of access, and negating the requirement for firms to have their own in-house IT infrastructure," agrees Darren Gower, marketing manager at LSSA member Eclipse Legal Systems. Eclipse Legal Systems has a SaaS offering which provides the full functionality of its 'traditional' installed solution. Data can be hosted by the client, or by Eclipse, whichever is preferable.

 

Pinpoint Interactive, from LSSA member Quill, offers another example of legal software that can be accessed from an ordinary web browser.  Pinpoint provides a true web-browser based, hosted application to assist with practices' financial and document management needs. In addition, and perhaps most importantly, Quill also offers the legal cashier to drive it, which means that firms don’t have to recruit, train or retain a legal cashier of their own.

 

"With Pinpoint Interactive, we wanted to develop a totally mobile, zero deployment, zero cost application  and solution for our clients," says Quill's Andrew Sherwin. Being “lean and mean”, Pinpoint Interactive can be accessed from any web enabled PC, whether Windows, Mac or Linux, using almost any internet browser from Microsoft Internet Explorer, Firefox, Safari or Mozilla and now even Google Chrome."

 

With purely web-based software, neither data nor the applications are kept on the actual PC, so solicitors don't have to install anything to use it. As a result, there is no need to worry about installation going wrong. At the same time, there can't be incompatibilities between the application and the PC's operating system, because the software doesn't actually run on the PC's operating system.

 

LSSA member IRIS is another company that has embraced this vision of “your data anywhere, anytime”. IRIS offers its clients two alternative delivery mechanisms: traditional software installed within the practice or software hosted on IRIS' own servers. IRIS recently signed its 1000th hosted customer, and offers hosted solutions for both solicitors and barristers. "Web-based software has clear business benefits for firms: there is no need to worry about maintaining local IT infrastructure and applying upgrades, so there are cost savings in both staff time and materials costs," says Paul Heritage-Redpath, Product Manager, IRIS.  "In addition, the new version of the Law Society’s Lexcel quality standard mandates a business continuity plan, and web-based software has obvious advantages if premises become inaccessible."

 

Disaster recovery plans are important to all industries, but particularly the legal sector,  and Web-based software caters for this need very well. As all client data is stored “server side”, business continuity and disaster recovery play a big part in making the software especially attractive to law firms. 

 

In addition, the ability to update and maintain web-based applications without having to distribute and install software on potentially thousands of individual PCs is yet another key reason for their popularity.  Likewise, Web-based applications require little or no disk space on the user's own PC (or the firm's server), and will often upgrade automatically when new features become available.  This added flexibility has further knock-on benefits for law firms in terms of the software's reliability, according to Matthew Lancaster.

 

"With web-based applications, upgrades only have to be tested in the one environment where they would run (in the data centres), and do not have to be distributed," he explains. "Upgrades are instantaneous, can be applied much more easily, and are produced much more frequently as a result of the greatly reduced testing period. We offer both hosted and self-hosted services, yet 99.9% of our customers choose our hosted services."

 

So, is SaaS right for your firm?  The short answer is:  it depends.

 

"Law firms are far from homogenous, so it is difficult to generalise," says Heritage-Redpath. "There may be some firms with a cultural aversion to having their data held outside their four walls, and for this reason IRIS offer customers the choice. Having said that, we’ve worked very hard to make our software fast to deploy and easy to use; offering it on a hosted platform just means there are no physical hardware issues for start-up firms to tackle, so they can open their doors for business almost immediately."

 

"When it comes to web-based applications, there is a lot to consider," adds Darren Gower. "The security and longevity of your provider, for a start:  who is actually hosting your data and is this ideal?  Is there the potential for a conflict of interests? Also, making changes and amendments to the system can be more difficult given the 'remote' nature of the source. Not only that, but if your Internet connection drops, then the system will be totally unavailable."

 

While the SaaS model is very compelling, there are several reasons why a firm might not want to implement a SaaS system.

 

"The main disadvantage with browser based applications is the look and feel can sometimes be a little flat compared to the interface of traditional Windows applications," says Andrew Sherwin.  "However, technology is moving forward in leaps and bounds at the moment, with applications such as Microsoft Silverlight and Adobe Air giving suppliers the ability to develop much richer user interfaces without compromising on the core benefits of web browser applications."

 

Paul Heritage-Redpath qualifies that statement. "Web-based applications provide a very different user experience to that afforded by a rich desktop client, and attempting to replicate the desktop experience could lead to reliance on proprietary third party extensions with the obvious risks to future stability that poses," he says.  "IRIS’ vision is to re-imagine the fee earner desktop to take best advantage of the browser user interface, and ensure that our software remains standards-based so that it can run on any platform or device our clients choose."

 

The need for complex customisation can also cause problems. Because web-based systems are typically designed to serve numerous offices from a single, centralised location, there have traditionally been fewer options for complex customisation.

 

Last but by no means least is the issue of security. When it comes to internet technology, concerns in this area are common. The Web Application Security Consortium (WASC) has therefore been developed with the intention of documenting how to avoid security problems in web applications, and some software vendors will also use a web application security scanner, which is specialised software for detecting security problems in web applications. 

 

Likewise, as the UK industry body for legal systems developers and vendors, the LSSA recently announced that it has revised its Code of Practice with regard to the provision of hosted services, as well as the safety and integrity of customers' data.  In particular, where services are supplied by means of a hosted service, the Code of Practice now states that all LSSA members must take all reasonable precautions to ensure the safety and integrity of their customers' data.

 

"If using web-based software, it's important for the client to understand how the data is transmitted to the host server and back again to the PC, where the hosted data is, and what should  happen in the event of the hosted server being unavailable," says Quill's Andrew Sherwin.  "The minimum a client should expect is Industry standard SSL 128bit encryption for data transfer.  We explain to our clients that Internet security and data transfer  should be considered as a partnership with the supplier and not simply a one way obligation from the supplier to the practice.   As such, we advise all our clients on what we describe as 'best practice' for data transmission using Internet technologies."

 

"Some clients still have concerns about a third-party hosting their data, but the fact is that suppliers are much better placed to ensure the security of clients' data," adds Matthew Lancaster. "Due to the economies of scale in providing the service for hundreds of firms, suppliers in this area have the considerable experience, resource, expertise and funding to apply far higher levels of protection than any individual law firm could achieve. All you need to do is consider the amount of money spent by one law firm on its firewall, and compare that to a supplier who is providing a hosted service for hundreds of firms."

 

Many would argue that security is actually enhanced by the web-based model, in that sensitive data is not being stored on a laptop or USB drive that can easily be lost or stolen  Likewise, companies offering Web-based applications will often be more diligent about backing up data, as they'll have dedicated system administrators to manage the process.

 

"Security is probably the primary concern when it comes to any kind of online services," says IRIS' Paul Heritage-Redpath.  "It's important, though, to keep this in perspective – one need only think of taking files to court, or putting them in the car to work on at home to appreciate that the risk of data loss has always been with the profession."

 

Despite such concerns, the concept of Web-based software is proving to be compelling for many law firms. After all, most solicitors have now become accustomed to having access to their email regardless of where they are working. And if they can see their email, why not their diary? If they can discuss a document with their colleagues, why can't they make changes to it? As a result, many solicitors have begun to question the logic of having their data trapped on a stand-alone computer somewhere.

 

"Our legal clients like the fact that they can access the system from home, from court, or from the office," says Andrew Sherwin from Quill. "Plus, they don’t have to tell us if they buy a new PC or laptop in order to get the application reinstalled. They can simply access our software – and their data – from a new PC straight away."

 

As a result of this new way of thinking, some industry experts are predicting that the whole idea of "your computer" is disappearing, and being replaced with "your data." You should be able to get at your data from any computer or other device, whether that means a personal digital assistant (PDA) or your mobile phone.

 

"We are totally committed to this vision, and find ourselves in a position to be able  to offer established systems and services to legal practices," Andrew Sherwin adds. "We firmly believe that the way that practices interact with their suppliers, their clients, and regulatory authorities will change in the future, and there is little doubt in our minds the Internet will be the hub of this change."

View Article  Work now started on November American Insider.
Work has now started on the November edition of American Legal Technology Insider – out on this blog next Thursday 5th. The closing date for editorial submissions (aka press releases) is 6:00pm (EST) on Tuesday 3 November.
View Article  Legal training podcasters in deal with barristers chambers
CPDcast, a provider of CPD-accredited legal podcasts, has announced a joint venture with Littleton Chambers, who specialise in employment law and commercial litigation. The joint venture will see Littleton Chambers providing contributors for a series of podcasts hosted on the CPDcast website and available to all subscribers.  The podcasts, which, like the rest of CPDcast's library, will be accredited for CPD by the Bar Standards Board, SRA and ILEX. CPDcast is running two promotions for all new and existing users: legal professionals can now pay £99 (+VAT) for unlimited access to podcasts for the rest of this year or for £189 (+VAT) until the end of 2010.  Further details at www.cpdcast.com/static/offer

View Article  Chris Dale says UK lawyers where are you?
Readers with an interest in e-discovery/e-disclosure and litigation support will be familiar with Chris Dale – and will have no doubt been following his current spell of globe-trotting (The Masters Conference in the US two weeks ago, The LexisNexis E-Discovery conference in Singapore last week).

The next big event on the horizon is the Thomson Reuters E-Disclosure Forum in London on 13 November with Browning Marean, George Socha and Chris Dale as co-chairs. Dale describes this as a "one day, low delegate fee, high content value" conference – however he adds "Anything The Orange Rag can do to encourage UK lawyers and corporate to send people to these events would be appreciated."

Dale says there are a whole list of developments with a UK context that should be a good reason for attending, including...

• The Jackson Report due before the end of the year

• Digicel -v- Cable & Wireless last year "a judge actually enforcing the Practice Direction to Part 31, with a salutary message for lawyers with any sized case, not just big ones."

• Our new PD and e-Discovery Questionnaire goes before the Rule Committee in November

• The Judicial College next year

• Increased EU, US and UK regulatory activity, especially in the financial area

• Legal Services Act potential as well as threats eg for MDPs

• "All those Susskind messages about fragmentation of the market for legal services, increased corporate awareness that they could take much of the process in-house, outsourcing of functions which do not require lawyerly input, End of Lawyers? etc."

• Plus "the usual post-recession rise which favours those who did their planning in the lean times at the expense of those who just sat there and waited".
View Article  Jersey's oldest firm buys Eclipse
Jersey  law firm Le Gallais & Luce (believed to be one oldest law firms in the Channel Islands)  has selected Eclipse’s Proclaim practice management software after an in-depth review of the market's offerings. As well as the core Proclaim Case Management system, the firm is implementing Proclaim Accounts to form a fully-integrated PMS.  Eclipse will be tailoring the delivered system to take into account both the wide range of casetypes managed by Le Gallais & Luce and the unique elements of property law in Jersey, one of the firm's key offerings.

View Article  Missed the Masters Conference - then watch the movie
If you missed the recent 2009 Masters Conference on e-discovery and litigation support in the US, you can access video interviews with some of the participants and exhibitors on the LegalQB online service. LegalQB also have content on the Microsoft Windows 7 launch.
www.legalqb.com/register
View Article  Microsoft Windows 7
As we're seeing a number of postings cropping up about Windows 7, feel free to create a new comments thread here, so they are altogether in one place.