Internet Newsletter for Lawyers
November/December 2005, by Delia Venables

Ten things a firm should be doing now to prepare for e-conveyancing
by Tim Platel

1. Creating a leadership group

All change is - more or less - painful, so it is not surprising that most people are - more or less - resistant to it. The best way to overcome resistance is to create a leadership group whose tasks are, firstly, to formulate the strategy, and secondly, to drive it forward to fruition. It is important that at least one group member has real authority within the firm, and can “get things done”. It is also important that secretarial and support workers are encouraged to get involved. Pick a group of “champions” - as few as two or three might suffice - who combine the qualities of enthusiasm on the one hand, and IT savvy on the other, and give them the encouragement and support they need to succeed. Thereafter, you can roll out the implementation, desk by desk, department by department. Using this method ensures that when things go wrong (and they are certain to go wrong!) that you are only dealing with a localised hiccup, as opposed to a general melt down.

2. The three certainties of e-conveyancing

 When gathering the information needed to make sensible decisions, it is important to remain focused on the certainties of e-conveyancing, and not lose your way by pondering the imponderables! Broadly speaking, the three certainties of e-conveyancing are,
  • someone will be doing the conveyancing;
  • e-conveyancing is being driven by Internet technologies (the main topic of this article); and
  • with the introduction of HIPs, the marketing paradigm will shift from B2C (business to client) to B2B (business to business), such as agents and conveyancing panels.

    3. Creating an electronic culture

    From the technical point of view, it is important to bear in mind the second certainty above – that e-conveyancing is being driven by Internet technologies. In practical terms, this means placing a premium on those products and services that can demonstrate good current and future integration with the internet, especially when dealing with email and SMS texting, which are set to overtake the letter as the primary means of written communication.Try to take solid practical steps to ensure that all information leaving and entering the office does so in electronic format (see below on NLIS channels). Encourage the use of email wherever possible, ensuring that on client questionnaires, you actually request email addresses! Give all members of staff as wide as possible access to the Internet. Think about how you can do this, without compromising security and productivity (see section 5 below on Internet servers).   

    4. Investing in IT

    If you are serious about e-conveyancing, you will need to get serious about IT, so take a long hard look at your network, and put together a two year investment programme. Your servers will be at the heart of your network, so if you have been getting by with an ordinary PC, it is time to go up a gear! Plan for a dedicated RAID1 server, using a fast Pentium 4 or D processor, with at least 8gb hard discs, and 256k of RAM. The HP ProLiant ML110 G3 server is a good affordable choice. As more and more of your precious data migrates from paper to digital format, a quality backup solution will be critical. One again, HP is likely to be your best option, and their StorageWorks DAT 24 SCSI Tape Drive is a good bet. Round off the configuration with a decent DVD-RW and a UPS (uninterruptable power supply). If you have any energy (and cash) left, why not investigate a wireless network? Inexpensive and flexible (because you don’t need to hardwire fixed site workstations), it is the best way to give laptop users (ie: fee earners) access to the network and your Internet connection.

    5. Increased Traffic and Security Issues

    Remember that e-conveyancing is being driven by Internet technologies. As more and more business facing routines migrate to the internet, the more time you will be online. The increase in Internet traffic will put pressure on your server, and slow your network down and will also increase internal and external security threats. The best solution is a dedicated Internet server. This takes pressure off your main server, speeds up Internet access, enables you to manage how your staff access the Internet, and provides an additional and highly effective level of protection against viral and hacker attacks. Netpilot3 from Equinet is a suitable solution for the small or medium sized practice.

    6. Scanners

    For some years to come, conveyancers will be obliged to work in two environments at once – analogue ("real") and digital. Electronic data transmission requires digitising paper-based data, and that, of course, means scanning. There are two sorts of scanners to think about, desk top (for smaller, “one off” A4 sized tasks) and theatre (for bulkier tasks, up to A3 in size). A good quality desk top scanner can now be had for under £50 – the Cannon Lide 60 flatbed for instance. The two most important features here are the “Scan to PDF” function (see section on PDF below) and the USB port connection, which makes for very fast operation. As for theatre scanners, it really depends on how big the task is likely to be. A machine that can be networked, handle A3 sized documents, incorporates a good quality auto-feed and can scan at 50+ pages per minute is unlikely to come in at much under £2,500. Again, Cannon is a good bet, and their DR-5010C Document Scanner would be a good choice for most practices.

    7. NLIS Channels

    One of the most important features of Home Information Packs – and often the most overlooked – is that they will be compiled and transmitted electronically. So it makes sense to source the information that goes into them electronically as well – and that means using an NLIS channel. There are three to choose from: Transaction On Line, Searchflow and TM search. They all enjoy similar functionality, the main differences being the user interface and pricing structure. Each channel represents a “one stop shop” for just about every search you will ever need to do. However, many Local Authorities still cannot transmit local search results electronically, and even when they can, copy planning consents and the like are still produced in paper format. You can get round this by using a personal search agent. Setting aside questions of authenticity, they are often quicker, cheaper and will generally transmit everything – including planning consents – electronically.

    8. Case Management Systems

    Case management will be the critical technology. This is because Land Registry, when designing its own e-conveyancing model, has assumed that you will be using case management, and that it will integrate with Land Registry systems. You will need agreement from Land Registry to access its network, and this will not be forthcoming if you have not invested in a case management system. As to which system you buy, this will depend on how much conveyancing you do as a proportion of turnover. If it is significant proportion, then you will need to look at “best of breed” solutions, such as ConveyProControl from Courage & Co, or CASA from Easy Convey. If not, and you are already using an accounts package, then your existing supplier is likely to have a solution worth looking at. Otherwise, the Law Society’s Software Solutions Guide is a good starting point. When looking at case management products, insist on seeing live software, rather than PowerPoint presentations. Whatever product you finally opt for, ensure it has good current and future integration with the Internet (such as on-line SDLT submission for instance), and (so far as you can tell) enjoys a shallow learning curve.

    9. PDF files and Adobe software

    A PDF (Portable Document Format) file is a universal file format that preserves the fonts, formatting, colours, and graphics of any source document, regardless of the application and platform used to create it. Developed by Adobe Software, it is now an industry standard, and will almost certainly be the file format used to create and transmit HIPs. Whilst the software used to read PDF files, known as Acrobat Reader, is free, the software used to create PDF files, currently Adobe Acrobat 7.0, has to be purchased. Depending on what version of the software you buy, the cost is anywhere from about £190 to £350. Simple to learn, easy to use, and cheap to acquire, every conveyancer should now be using Acrobat to create bespoke documents (contracts, transfers, questionnaires etc.) which can easily be transmitted as email attachments.

    10. Training

    Training is the poor man of IT implementation, partly because of the way legal software is sold. With some notable exceptions, software suppliers are generally much more interested in increasing the number of sites using their software, rather than increasing yield from those sites. As a consequence, and because suppliers are so keen to get their product into your office, training is often undersold and, because of this, users’ experience of the product often falls somewhat short of their expectations! It is essential to ensure that all your staff (fee earners as well as support staff) get sufficient training of the right quality and sort. The sort of training you need is known as EDIP – explanation, demonstration, imitation, practice – so if the trainers don’t know what EDIP means, you may have a problem!

    Tim Platel was a practising solicitor for 25 years before he began working in the legal IT industry, firstly as a consultant for Professional Computer Group in Dorset, and latterly as In-house Counsel for Easy Convey Ltd in Surrey. In May of this year he set up his own consultancy, Horizon Legal Sciences, www.horizonlegal.co.uk which is aimed at helping smaller law firms implement successful IT solutions.
    Email timplatel@horizonlegal.co.uk; or 07767333576.

    Back to Contents.