# 68. On occasion, they could put more effort into revenge

The Charge of the 300 and the 47 Samurai

Last year, when a legal software vendor increased its fees to Queensland lawyers by 300% I expected

an explosive reaction*.   Apart from some lawyers refusing to pay and an impending Law Society report on technology which is a happy coincidence, nothing much has happened.  In fact, another software vendor is, in effect, increasing its fees. 

What did I expect?  Well, something a little more creative.  For instance, in 18th century Japan under severe provocation, a Lord Asano attacked and wounded a Lord Kira.  As the attack took place within the walls of the Shogun’s palace he was ordered to commit suicide, which he promptly did.  His lands were confiscated and his Samurai retainers disbanded. Lord Kira expected an immediate backlash from the Samurai retainers, but none came.

The disbanded Samurai retainers lost their Samurai status and became Ronin. They took up menial tasks; their former Captain left his wife, became a public drunkard and frequented brothels.

Eight months later, 47 Ronin, led by the Captain, attacked Lord Kira’s mansion and finding Lord Kira in the toilet cut him to bits and put his head in a bucket.  They then killed all his staff. The 47 Samurai had only been pretending, or that was the Captain’s story, anyway. They then turned themselves in, pleaded guilty and were sentenced to commit suicide, which they did.

As touchy as Queensland lawyers can be, I am not sure that they would go that far, especially the bit about turning themselves in and pleading guilty.  

All in all, I am a little disappointed.  However, on a positive note, the software vendor gave me free probate software which may come in very handy, in the event that Queensland lawyers change their minds and opt for mass reprisals, after all.

(c) Paul Brennan 2009. 
* see Reason 49 

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# 49. They think that no one will take them on

Mission financial crisis accomplished!

“Stiffing” is a common term in the software industry meaning “charging like a bull” when you have your customers “over a barrel”.

This month, one of my legal software providers was taken over by a larger software company which immediately notified me of a 300% increase in my payments. I made email complaint to the CEO and he called me to say that he would be upset too, if he were me. Having unexpectedly achieved solidarity with the CEO, I tried to understand his position which seemed to be that the increase would encourage me to pay even more to buy his full package, leading to savings for my practice and making Queensland small legal firms more efficient.

I wanted to explain to him that when rubbed up the wrong way Queensland solicitors can be an ill-tempered, quarrelsome, truly disagreeable bunch and I do not say that just because I am married to one. I wondered if other Queensland solicitors were ready to understand the subtle potential benefits of what felt like a software company marching into Queensland and launching an unprovoked attack.

I had to ask myself the 3 questions that I put to my own clients when reacting to an injustice: “Is it really worth it?”, “What are the chances of a quick victory?” and “Who has the most to lose?”.

As much as I would usually try to reason with clients who disregarded the answers to questions 1 and 2, the fact that the answers in my case were “No” and “Not Great” did not bother me one bit once I realized that the infidel invader had much more to lose.

The mission statement of the larger software company which I shall call “X”, no doubt, is to love and respect its customers and not to wind them up, even though its customer base are lawyers. I suspect that this increase or surge as it may come to be known, must be the action of some fresh faced chancer working in the X Sales Department, greedy for a quick killing over Christmas and ignorant of the consequences for the X brand of this apparent breach of the trust built up by its predecessor over the years.

Days passed without any apparent reaction. I conducted several internet searches:
“Queensland solicitors taken advantage of”, “….squeezed”, “…… shafted”, “…screwed”.
The result for each search was “nil” and I began to worry that my searches were giving me an unwelcome insight into my own psyche rather than any useful information on the impending jihad.

The letter advising of the increase arrived just before the Christmas holiday and the bad news had been “buried” on the 2nd page. However, as contracts were due for renewal on 31 December 2008 I assume that shortly, things will hit the fan.

Should things not hit the fan, I suggest that we all increase our fees by 300%. If we cannot beat the financial crisis-let’s help expand it.

This is an extract from the free “Law & Disorder” Ezine which can be subscribed to at http://www.lawanddisorder.com.au/ezine.html. Paul Brennan is a solicitor practicing on Queensland’s Sunshine Coast and author of “The Law for IT Professionals”.

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