David A. Weinstein, Esq. > Published Articles

A Practical View to Obtaining the Most Effective Technology Solutions for Your Client

By David Weinstein, Esq.

The purpose of this article is to provide the practitioner with a technological view as to the most effective and secure mechanism by which a company can obtain the most effective technological solution to solve a defined technological problem. As a basic precept, the most secure environment to create a technological solution is to develop said product internally. Under that circumstance, all variables are placed under your direct control and all cost issues are addressed internally. But as a practical matter, it is generally not cost effective for a client to internally create or even maintain the technological solution that they require. It is for this reason that companies chose to hire an outside technology solutions provider to solve their technological problem. As a legal practitioner, it is our job to assist our clients in guiding them through the process of obtaining the best technological solution to solve a well defined technological problem. In addition, the legal practitioner must draft a confidentiality agreement which would ensure that the client's proprietary information is kept secure. Furthermore, the legal practitioner must draft a contract which would ensure that the technology solutions provider is under a legal obligation to deliver the technological solution. The purpose of this article is to assist the practitioner in guiding the client through the process of finding the best technological solution to solve a client's technological problem, by using a well thought out methodology to assist the client in discovering, obtaining and maintaining a solution to their technological problem.

In general, I have found there are six steps to discovering, obtaining and maintaining the proper technological solution to the client's technological problem. These steps are:

1. IDENTIFY & DEFINE: Clearly identify and define the client's technological problems, including but not limited to, evaluating all of the client's hardware and software needs.
2. PLAN: Assist the client in hiring an outside technology solutions provider to create a plan and recommend a cost effective technological solution specifically tailored to meet the client's individual needs.
3. DEVELOP: Work with the client and technology solutions provider to assist them in guiding them through the process of developing a technology solution that meets the client's exacting specifications. It should be noted that during this process, the legal practitioner must ensure the client's proprietary information is protected. This can be accomplished by the drafting of a confidentiality agreement. Additionally, an agreement must be drafted which would ensure that all parties are clear as to all aspects of the technological solution that is to be provided.
4. DELIVERY:  Work with the technology solution provider and the client to make sure the final recommended solution is delivered on time, and customized to the precise specifications of the client, with minimal impact on the client's ongoing business.
5. TRAINING: Work closely with the client to make sure that the technology solutions provider adequately trains the client's staff on how to use the technological solution specifically created for them.
6. MAINTENANCE: Assist the client in entering into the appropriate maintenance contract with the technology solutions provider. This would provide the client with the ongoing technical support necessary to properly maintain the technological solution provided.

In general, I have found the most critical step in keeping the costs and risks down in outsourcing technological solutions is taking the time to properly define the problem for which the client seeks a technological solution. Unfortunately, I have found that this critical step is one of the steps that clients traditionally spend the least amount of time on. Prior to hiring any outside consultant or engaging any outside party, it is critically important that you work with the client to identify the specific problem to be solved. In identifying the problem, time should be spent not only defining what the technological problem is that needs to be solved, but also to identify the specific individuals within the company who are experiencing the problem. Additionally, the client should take the time to calculate the loss in revenue or costs created by the problem.

Regarding the issue of costs created by the problem, on many occasions, I have been brought in by companies after they have hired a “Computer Expert” to recommend a solution. Unfortunately, sometimes I have found the technology solution provided is more costly and cumbersome than the problem they are seeking to solve. It is for this reason that this step is so critical. As a general rule, if your problem causes you to lose a $100,000.00 in revenue a year, you should not spend a $1,000.000.00 to solve it. I know this seems obvious, but unless one takes the time to assess the costs associated with the problem, you will never be in a position to make a cost effective decision as to how to solve it.

It is critical to identify who within the company is experiencing the problem. If, for example, the person having the problem possesses a level of computer sophistication which is a basic working knowledge of how to use a computer, you cannot expect them to effectively use a technology solution that requires a software engineering degree to understand. Therefore it is critical in the consideration of potential solutions to a problem, that the solutions being considered are limited to solutions which are fully compatible with the skill level of the actual end user.

Finally, one must identify and define the technological problem with the greatest specificity possible. If, for example, your entire problem is that you cannot access old files because they are not compatible with your new software, that does not mean you need a new server, work stations and printers. The solution is a simple, easy to use conversion program. By working with the client to clearly identify their technological problem, not only will you save the client large amounts of money, but you will be able to rest assured that the technology solution provided will in fact solve the problem they have.

After you have identified and specifically defined the technological problem, the practitioner should work with an outside vendor to create a recommendation for a cost effective solution to the client's specific technological problem. As a general rule, prior to discussing the intimate details of your client's business with any outside vendor, it is imperative that the legal practitioner ensure that the proposed technology solutions provider sign a confidentiality agreement with your client to protect all of the client's internal proprietary information. I would always recommend hiring a technology solutions provider that is well established and can give you numerous references from companies similar to your client's. In addition, I would suggest going to at least three different vendors so as to be able to compare and contrast the solutions suggested by each vendor. This would also allow you to obtain some level of assurance that the price you are paying for the solution you seek is reasonable and customary in the industry. In general, the best vendors are the ones that have been in business for several years, have a good reputation, and ones that your client feels comfortable working with. A good technology solutions provider will clearly set forth, in a well thought out contract, not only the solution they are providing, but they will also give you a realistic price for what it will cost to deliver the solution. A good technology solutions provider will also provide in said contract a realistic time frame for delivery of said product, and a clear, easy to read warranty that ensures the client that they will stand behind their product in the event future problems arise.

For purposes of this article, I am assuming that the technology solution your client seeks is either a customized version of an existing software/hardware package or a technology solution custom made to meet their exacting specifications. In general, there are two stages or versions of the technology solution provided by a technology solution provider: the beta version and the final release version.

During the development phase of any new technology solution, the technology solutions provider usually creates a pre-release version of the product for your client to test and try for functionality. In the software industry, this is traditionally referred to as the beta version. The beta version is the test version released to the client to identify in advance, any potential bugs in a program prior to the final released product, and to also ensure prior to the completion of the product, that the technology solution developed actually meets the needs of the client. During the beta process, many times not only are problems identified and corrected, but the client is able to further crystallize their thoughts as to how the final product should look and feel, to work effectively in their environment. Prior to beginning the beta review process of any new product, the client should be forewarned that the product they see will not, in many cases, be as aesthetically pleasing or run as smoothly as the ultimate product they purchase. I always tell clients that testing the beta version of their product is similar to a dress rehearsal of a play. The main purpose of the beta version is to address and review the most technical aspects of the technological solution being developed, while leaving the aesthetic cosmetic issues for a later date in the final released product. I have found that the beta version release process is one of the most critical steps to ensure the effective delivery of any technology solution. This is a critical time period where your client should be working closely with the technology solutions provider to make sure that the product being developed actually meets their needs and desires by solving the specified technological problem. In addition, the client should take special care to make sure that the product being developed is user friendly. As a practitioner, you should work with the client to carefully document all problems discovered, issues raised, and proposed solutions provided. This document should be agreed to by the client and forwarded to the technology solutions provider to sign off on. This document will also ensure that the final released version addresses the issues and concerns raised and discovered during the beta process. An effectively performed beta test of a new product, in my experience, invariably results in the highest likelihood that the final released product will actually meet or potentially exceed your client's expectations.

The final release and delivery of a technology solution is always an exciting time to both the vendor and the client. To the vendor, it means pay day is approaching. To the client, the solution to their problems has finally arrived. The most commonly overlooked step in the delivery process is timing. I never recommend that any new technology be delivered and implemented at 9:00 AM on a Monday morning. The product should be delivered and implemented in a manner and time that creates the least disruption to your client's business. Ideally, I have found that nights and weekends are the best time for delivery of any new technology to a business. After delivery of the product, but prior to the final payment, careful review of the product should be made by the client to ensure that the product meets or exceeds the specifications set forth in the contract. In addition, the client should also review the product carefully to ensure that all issues raised in the beta testing process have been addressed and corrected in the final version. Full payment should never be released if any problem is discovered with the product at delivery. Full payment should only be made at such time that the client is ensured that the product purchased is working in a completely satisfactory manner.

The best technological solution is worthless if no one in your client's office knows how to use it. It is therefore critical that the client's staff be given proper training on how to fully utilize the new technological solution provided. On many unfortunate occasions, a new technology is introduced to an office and the staff is only given a cursory explanation of how it works, a users manual and an 800 number to call if they experience problems. They are then expected to use it to its full capacity as if it was second nature to them. The result being that they either do not use the new technology for lack of understanding, or they do not use it properly or effectively. Improper training is a software industry wide problem. In general, most major software vendors have found that users of their products utilize less than 20% of their capabilities. For this reason, most software vendors have found that in general, other than cosmetic changes, the everyday users of their software see little difference between one version and another. It is for this reason that software vendors now offer extensive free training seminars on all of their new applications to encourage users not only to use the software to its full capacity, but to accentuate differences between the latest version of their software and the older versions. To solve this improper training problem, I always recommend to clients that the technology solutions provider plan to spend at least a day if not more, depending on the complexity of the product, on site, training the staff. I also recommend that the technology solutions provider plan to return to your clients office for at least one more day of training approximately 30 to 45 days after the final delivery of the product. This will allow adequate time to see how effectively the office staff is using the new technology and to answer any questions that may have arisen since final delivery of the product. By making sure your client's staff is given proper training in the technology solution provided, the likelihood of its effective use to enhance the client's business is greatly increased.

Invariably, the more complex the technology, the higher the likelihood that it not only will break, but will break at the worst possible time. In general, the best warranty still has to be supplemented by a good maintenance contract. In addition, all of the time and effort the client will spend on trying to repair the now broken technology solution will be more costly in terms of lost productivity than any service contract will ever cost. I have and always will be a firm believer in maintenance contracts. It has been my experience that when clients have monthly maintenance contracts with their technology solutions providers, if the product breaks or if the client experiences any problem, the client is quicker to call for help. That being said, not all maintenance contracts are created equal. Prior to having your client sign any agreement to buy technology from any company, including even the biggest computer manufacturers, one should look into the response time to address repair issues. The most common first step in reporting any problem with your new technology solution is via an 800 number to the technology solutions provider technical support department. Prior to buying the product, try calling the 800 number and see what your wait time is. There is no greater frustration a person can feel than being in the middle of a full system crash and being placed on hold for an extended period of time waiting for a service technician to answer the telephone. I recommend prior to purchasing any product from any technology solutions provider that you thoroughly research all of the maintenance programs being offered by the technology solutions provider and make sure your client purchases the proper maintenance package to meet their everyday needs.

As part of any maintenance contract, the client should discuss pricing and availability of upgrades or future releases of the technological solutions purchased by them. This includes even the most customized software packages, since as technology improves the solution provided has to be adapted to work with the latest operating systems and hardware available. A perfect example of the effects of new technology on existing technology is Microsoft's upgrade to its new XP Platform Operating system. As with many computer enthusiasts, I ran out and bought the latest version of Windows XP when it was released. Shortly after proudly loading this latest version of Windows XP on my computer, I experienced numerous compatibility issues with the existing software running on my computer. This resulted in my having to spend large sums of money to upgrade the software on my computer to the latest Windows XP compatible software. As a general rule, the major software companies release new versions of their software every one or two years. I therefore recommend that the client, prior to purchasing any technology solution from any technology solutions provider, enter into an in-depth discussion with said provider as to the anticipated future costs and availability of upgrades for said technology solution. It is never pleasant for a client to discover that a year or two after spending large amounts of money to solve their technology problems, that the technology purchased is no longer compatible with the newest software and hardware available. Even worse for your client is to discover that the technology solutions provider does not make updates to the product purchased, or that it would be cost prohibitive to the client to obtain said updates. A little foresight on behalf of the practitioner to explore the issues relating to future updates of the proposed technology solution can save the client potentially large problems in the future.

By following the procedures set forth in this article, practitioners can rest assured that they have taken the proper steps to ensure that their clients will have obtained the best technological solutions to meet their everyday needs.