The added value of an IT lawyer

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IT projects often lead to disappointment. Both of the client and the contractor. The reasons for the more or less failure of an IT project are diverse. A good IT contract can prevent a number of problems, but certainly not all. Performing an IT project is, after all, work of humans. This aspect is regularly underestimated by a legal counsel. It is therefore not advisable to focus solely on the legal aspects of a contract. A good IT contract takes into account all aspects that could play a role. An IT lawyer can help with this.

The reasons for failure

Every IT project stands on its own. The sale Standard software provides the least problems, unless the software itself is faulty. The law provides sufficient solutions in these cases to resolve the dispute in a relatively short period of time.

That is different though, in cases where customized software is developed and implemented into an IT system. Quite often, something will go wrong. Getting help from an IT lawyer in time, can prevent worse. The reasons for a failed IT project are diverse. Important causes are, in random order:

1. Too optimistic planning before the start of the IT project;
2. Unclear specifications of software to be built and implemented;
3. failing project management, for example, in budget- and time limits;
4. Failure of communication between project managers;
5. Recognizing structural problems too late and turning to senior management too late;
6. untimely instruction of a lawyer, once it is clear that there is a dispute.

The added value of an IT lawyer

IT lawyers have added value during the process of contracting and during the execution of the contract. Thus, legal assistance from an IT lawyer in negotiating an IT contract may prevent parties from entering into an unclear contract. During the implementation, the role of the IT lawyer is usually limited. Only in case of failure to make any deadlines or any questions about the content of the contract will the involvement of the IT lawyer be necessary.

Of course, when a problem arises, the IT lawyer will assist the client with expert advice. In particular, assessing whether or not one of the parties is in default or not. A good IT lawyer will then investigate how to solve the problem raised to the satisfaction of his client. The IT lawyer puts his customers interests first. A settlement will only be enforceable if the other party is feeling at ease with the provided solution. Especially in IT projects, parties usually are condemned to each other longer and stronger, which makes the continuity of the relationship in a decent manner a very important aspect. Knowledge of the technical aspects of IT is an important added value to every IT lawyer.

Expertise of WiseMen

WiseMen specializes in advising on IT-contracts and playing a guiding role during disputes. We combine technical IT knowledge with legal expertise.