ILTA White Paper

Licensing Task Force Report

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on the list assists you with the evaluation. Note that your expectations and the list may be modified as you learn about available products and what they can do; that said, we recommend staying focused on the key functionality you originally identified. Stay detached, do your homework, and avoid being dazzled by a fancy feature that isn’t part of the core functionality needed by your firm. • Desktop integration and application interoperability are essential to legal software. Make sure the vendor has a thorough understanding of your environment so everyone can be sure the software or system will work the way it should. Determine if the software will work with: •Your document management system • Your word processing software • Your e-mail system • Your CRM software • Your portal • A virtual server or desktop environment • Anything and everything else that is important or unique to your environment (e.g., unique matter numbers, legacy software, non-SQL databases, etc.) • Determine whether the price is reasonable for the value you will obtain. Compare with competing products, other products of similar functionality, and other products with different functionality. For example, if the license price per seat for your DMS is $350, a price of $450 per seat for a forms product might seem out of line. And remember, price is almost always negotiable. • Implement a trial or pilot version of the system if practicable. Many vendors will provide free evaluation copies of their software for a limited time period. WORKING WITH THE LEGAL TEAM Your firm should have a lawyer review the agreements you are considering and negotiating. The following are some guidelines for working effectively with your legal team: • Achieve basic agreement with the vendor on business terms and price before requesting legal review. Review the draft agreement to make sure the components your firm expects are in place. • Involve the reviewing lawyer as early as possible, but also limit or manage the need for his or her involvement. • Don’t revise the proposed contract yourself. Do read it and indicate any concerns it elicits, as well as areas that differ from the business terms to which you and the vendor have agreed. • Provide the reviewing lawyer a summary of the deal, and be prepared to answer his or her questions. • Know what your priorities are, what points are deal-breakers, and where you can compromise. • Obtain a Word copy of the agreement to facilitate editing. www.iltanet.org Best Practices in Licensing Agreements 11

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