If only I had a dollar for each time I’ve heard lawyers respond, “We just replaced our server a couple years ago,” to my inquiry about whether their server was capable of running the latest version of their case management or billing program! In nearly every instance, the couple years were actually about five - and in some cases, even longer.

Keeping up with technology is an expensive proposition; however, not doing so often is even more costly. Just this past week, a client reported a corrupt file that had to be rebuilt. The time it took to determine the problem and re-index the firm’s large database took longer than usual because it was running on a five-year-old server that had insufficient memory to process the data fast enough. With the firm’s network vendor onsite and me remotely accessing the data to do the repair, the firm was looking at an unintended expense that would have made a significant dent into the cost of a new server, or at least more memory for the existing server as a stopgap.

Another client had corruption in its billing program because data was stored on an eight- or nine-year-old server running out of space. Again, the firm was wasting money to keep it running on outdated hardware when a newer server would have resulted in less expense and downtime. Keep in mind, each time a practice management or billing system needs repair, it can’t be used by attorneys and staff, resulting in both inconvenience and often lost billing.

Where the fault lies

Of course, I can hear you saying, “Yes, but isn’t it the fault of the software companies that their programs don’t run reliably?”

Data corruption happens for many reasons. Sometimes, a network connection fails in the middle of posting bills; other times, older components begin to fail and cause erratic connections. Newer patches to other applications sometimes can interfere with older versions. When Microsoft introduces new versions, it sunsets older ones and ends support for them. Legal software vendors are forced to do the same because it’s too expensive to support multiple versions on various operating systems. As more of these companies are owned by publicly held corporations, they face the additional pressure of keeping profits high for shareholders, often resulting in shorter development time between new versions. One trend to watch is the movement toward more bundling of support and upgrades in the form of subscriptions to allow these companies to spread their revenue and slow the need for annual new versions.

Still another client (Can you tell it was one of those weeks?) was beginning to plan its upgrade from a 10-year-old-plus system (yes, you read that correctly) to a Vista-based, cutting-edge one, claiming it had planned to do this two years ago but was determined to wait for Vista — however, it took Microsoft longer than expected.

And did I mention the client who was running Windows ME on one of its computers? On and off, it has had problems since that computer was added to the firm’s network. Windows ME was marketed as a home version and wasn’t intended for an office. Despite this, I’ve had a number of clients with Windows ME and I advise them to upgrade to Windows XP Professional to eliminate issues.

I almost forgot the phone call from a client who refused to acknowledge its peer-to-peer network - in which data was spread onto every desktop in the office and someone pounded away at the firm’s “server” - was the cause of problems it encountered. While computers built as servers are more expensive than desktops, they also offer more reliability and redundancy. Additionally, storing data centrally ensures it can be backed up more easily and retrieved the same way from each workstation.

Inner space

Five years ago, the standard configuration for a small law office server was a Windows 2000 server with about 512MB RAM and about 40 GB of hard drive space (usually configured as several drives for backup). Today, most of the current versions of software are expecting a minimum of 1 GB of RAM, preferably two to four GB depending on the application, and Windows 2000 server no longer is supported by Microsoft. (Windows 2003 server was introduced that April, making those Windows 2000 servers at least four years old.)

Similar changes have occurred with desktop computers. Again, five years ago, 512MB on Windows XP was common. Windows XP debuted in October 2001. For those who still have Windows 2000, it means that “recently purchased machine” is at least six years old! In terms of technology, six years is a proverbial lifetime.

Most small law firms, like many small businesses, don’t budget or forecast expenses and revenues from year to year. Setting aside money for technology is the exception rather than the rule. When I work with corporate legal departments, I’m regularly asked to estimate when the next software version will be released, the estimated cost and my estimated services to install, configure and train staff. In contrast, many smaller firms tend to react rather than plan technology purchases, even though most of the software and hardware vendors now introduce new products on a fairly predictable schedule.

Falling behind

For example, for at least six, but closer to 10 years now, Timeslips has had a new version each summer. That fall, it ends support for versions more than three editions old. While it’s frustrating to be forced to purchase upgrades when your current system is working fine and the new one doesn’t add enough value for the added cost, there are risks of falling too far behind to get help should a problem arise. Additionally, as more legal software can be linked to other products, it becomes even more important to stay relatively current. There’s nothing more frustrating than having a client say she’s purchased a new smartphone and can’t synchronize it with her old practice management system.

Similarly, when purchasing new desktop or laptop computers, you can be sure (and should plan for) replacing them in a few years. Years ago, it was good advice to buy the most computer you could afford. While that’s still true to some extent, you may want to aim for the middle ground rather than the sky when making new computer purchases.

For example, in the past, I would have configured a new laptop with the fastest processor speed, the maximum memory, the largest hard drive, etc. Going for a top-of-the-line laptop means a top-of-the-line budget. Psychologically, it also meant holding onto it longer to get your money’s worth. With the rapid changes in technology now, this strategy no longer makes sense. Going for the middle of the pack means you get reasonable performance, sufficient power and storage, with money to spare for a replacement in a few years.

Infrastructure

Part of your regular planning should include a review of the entire technology infrastructure. When was your network switch last replaced? One client replaced its server but kept the old switch and continued to experience data corruption until the switch was replaced. I’ve also seen routers go bad. Often, the symptoms for bad routers or switches show up as data errors in critical database programs like a firm’s practice management or billing application. I’ve started to refer to these as “silent killers” since they rarely fail with clear-cut symptoms.

When upgrading, consider not only the big-ticket items but smaller ones as well. If you’re getting a new server, you might want a faster router to move network traffic through the system faster. Make sure the uninterrupted power supply can handle the new equipment. Don’t let slower printers bog down your operations either.

And, of course, when upgrading software, invest in training or refresher training. Vendors don’t just add new features to enhance sales; they add features and make changes based on customer feedback.

I recently met with someone considering changing billing systems because she was frustrated by things she couldn’t do in her existing product. She had last worked with a version of that product more than 10 years ago and had recently replaced a staff member who had received no training and made do by calling the company’s support line. Technical support, as she discovered, is not an effective substitute for training. While we discussed her frustrations, I bit my tongue to keep from showing her how to change the settings to make the program work the way she wanted. I expect to hear from her so I can address those questions and keep her current billing system for a while. In this case, she would save money by learning how to better use the product her firm already owns.

Holding onto older technology can wind up costing more than you think - not just in dollars, but in time and effort needed to keep the old hardware and software functioning.

Carol L. Schlein is president of Law Office Systems in Montclair, a training and consulting firm specializing in law firm automation. Copies of her previous columns are on losinc.com, which also lists upcoming meetings and training classes. For information, e-mail info@losinc.com or check the website. Schlein formerly chaired the Computer and Technology Division of the ABA Law Practice Management Section and can be reached at carol@losinc.com.

Questions for Carol L. Schlein on law office technology may be e-mailed to New Jersey Lawyer at news@njlnews.com or faxed to (908) 226-0165.