New ground
Law firms are increasingly embracing the internet as a way of accessing a variety of popular legal applications, but what are the benefits – and drawbacks – of this kind of technology, asks Dominic Cullis
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, while expanding access to their IT systems.
To understand what web-based software is, it is 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, typically pronounced 'sass') or 'browser software', 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.
A low-cost, future-proof tool
For all of these reasons, web-based software can provide a low-cost, future-proof tool for law firms that will deliver significant returns on a small investment, and therefore provide considerable savings. With web-based applications, lawyers within the firm simply access the system through their web browsers (such as Internet Explorer) via a broadband internet connection.
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 therefore mostly geared around ease and consistency of access, and negating the requirement for firms to have their own in-house IT infrastructure.
Plus, 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.
Clearly, web-based software has a number of 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. In addition, with some organisations (including the Law Society, with the new version of its Lexcel quality standard) now mandating a business continuity plan, web-based software has obvious advantages if premises become inaccessible.
Business continuity plans like these 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 will also provide further knock-on benefits for law firms in terms of the software's reliability, as upgrades will only have to be tested in the one environment where they will actually run (in the data centres) and will not have to be distributed. As such, upgrades are instantaneous and can be applied more easily '“ and produced more frequently '“ as a result of the greatly reduced testing period.
Potential disadvantages
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. There may be some firms with a cultural aversion to having their data held outside their four walls, and for this reason many SaaS software vendors offer customers the choice. Having said that, most vendors in this area have worked very hard to make their 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, including 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 sometimes 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. However, technology is moving forward in leaps and bounds at the moment, with the latest applications in this area now giving suppliers the ability to develop much richer user interfaces without compromising on the core benefits of web browser applications.
Regardless, at the moment, web-based applications still provide a 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. A better vision might be to re-imagine the fee earner desktop completely in order to take best advantage of the browser user interface, and to ensure that any software that a firm purchases is standards-based, so that it can run on any platform or device that the firm chooses.
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. This, however, is already changing as vendors develop more advanced configuration capabilities.
The security debate
Then there 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.
Still, if using web-based software, it is 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. The minimum a client should expect is industry standard SSL 128bit encryption for data transfer.
Most software vendors believe 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, most software suppliers will advise their clients on what they consider to be 'best practice' for data transmission using internet technologies.
Even so, some clients will '“ understandably '“ still have concerns about a third party hosting their data but, in many cases, the software suppliers are actually much better placed to ensure the security of clients' data. 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 firms need to do is consider the amount of money spent by one practice on its firewall, and compare that to a supplier who is providing a hosted service for hundreds of firms.
For this and other reasons, 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 will have dedicated system administrators to manage the process.
Regardless, security is still probably the primary concern when it comes to any kind of online services. It is 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.
A compelling and logical solution
Despite such concerns, the concept of web-based software remains 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 standalone computer somewhere.
For example, many solicitors like the fact that they can access an SaaS system from home, from court or from the office. Plus, they don't have to notify their software supplier if they buy a new PC or laptop to get the application reinstalled. They can simply access the software '“ and their data '“ from their 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.
Most SaaS software vendors are totally committed to this vision, and find themselves in a position to be able to offer established systems and services to legal practices. As such, an increasing number of vendors 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 their minds the internet will be the hub of this change.