Get a techno-attorney

A) Putting too many engineers on one project can complicate things unnecessarily. B) Putting too many attorneys in one room can complicate things unnecessarily. C) Putting engineers and technology-minded attorneys on the same team from project inception can save time, grief, and money. Jokes are funniest when they're based in truth; there's a bit of humor in A and B.

05/01/2006


A) Putting too many engineers on one project can complicate things unnecessarily. B) Putting too many attorneys in one room can complicate things unnecessarily. C) Putting engineers and technology-minded attorneys on the same team from project inception can save time, grief, and money.

Jokes are funniest when they're based in truth; there's a bit of humor in A and B. C isn't particularly obvious. While putting attorneys and engineers together can produce levity as well as tension, the resulting savings is no laughing matter.

I'd hate to say there aren't enough attorneys, but there might not be enough attorneys with automation expertise. Many engineers in our industries would say something like, "Our lawyer doesn't really know what we do." That's a problem, according to Mark A. Voigtmann and Shawna Meyer Eikenberry of Baker & Daniels LLP. At a recent WBF meeting, they advocated for a "technology construction" attorney specialty. (Both serve as counsel for Control System Integrators Association; Voigtmann's column can be found regularly in Control Engineering .)

Legal needs of automation and process companies are served by a hodge-podge of expertise—some of it not particularly applicable, they suggest. "Automation law" should contain two parts construction law, one part contract law, one part computer law, and one part intellectual property law. Add a pinch of salt, blend with other contractors, and top with claim sauce, Voigtmann chuckles. Automation law happens up front, during a project, or on the back end, as in: "How do we get out of this mess?" Voigtmann says. To bridge the automation attorney gap, he suggests:

  1. When a project involves creating software, find out who has or will have the license, if it's exclusive, and if it's trademark protected. Who's liable if it infringes a patent? Understand the technology and related patents.

  2. On technical specifications, focus words on specific design details. Avoid marketing language such as the too-subjective "user-friendly." Performance-based wording ("create 100 widgets/hr") also can create trouble for the engineering firm; performance depends on how technology is applied and used.

  3. Warranties can arise even when none were intended. Language answering a request for quotation (RFQ) can imply a warranty in most U.S. states under the Uniform Commercial Code. The UCC also can turn a purchase order into a binding contract, unless a detailed written contract has superseded it.

  4. Beware of verbal promises. Sales representatives could bind your company contractually.

For related topics, see p. 17; search on Voigtmann at www.controleng.com .





The Engineers' Choice Awards highlight some of the best new control, instrumentation and automation products as chosen by Control Engineering subscribers. Vote now (if qualified)!
The System Integrator Giants program lists the top 100 system integrators among companies listed in CFE Media's Global System Integrator Database.
Each year, a panel of Control Engineering and Plant Engineering editors and industry expert judges select the System Integrator of the Year Award winners in three categories.
This eGuide illustrates solutions, applications and benefits of machine vision systems.
Learn how to increase device reliability in harsh environments and decrease unplanned system downtime.
This eGuide contains a series of articles and videos that considers theoretical and practical; immediate needs and a look into the future.
Maximize ROI with integrated control system approach; Microcontrollers vs. PLCs; Power quality; Accelerate and rewire IIoT; Traits for excellent engineers
HMI effectiveness; Distributed I/O; Engineers' Choice Award finalists; System Integrator advice; Inside Machines
Women in engineering; Engineering Leaders Under 40; PID benefits and drawbacks; Ladder logic; Cloud computing
Programmable logic controllers (PLCs) represent the logic (decision) part of the control loop of sense, decide, and actuate. As we know, PLCs aren’t the only option for making decisions in a control loop, but they are likely why you’re here.
This digital report explains how plant engineers and subject matter experts (SME) need support for time series data and its many challenges.
This article collection contains several articles on how advancements in vision system designs, computing power, algorithms, optics, and communications are making machine vision more cost effective than ever before.

Find and connect with the most suitable service provider for your unique application. Start searching the Global System Integrator Database Now!

Control room technology innovation; Practical approaches to corrosion protection; Pipeline regulator revises quality programs
Cloud, mobility, and remote operations; SCADA and contextual mobility; Custom UPS empowering a secure pipeline
Infrastructure for natural gas expansion; Artificial lift methods; Disruptive technology and fugitive gas emissions
Automation Engineer; Wood Group
System Integrator; Cross Integrated Systems Group
Jose S. Vasquez, Jr.
Fire & Life Safety Engineer; Technip USA Inc.
This course focuses on climate analysis, appropriateness of cooling system selection, and combining cooling systems.
This course will help identify and reveal electrical hazards and identify the solutions to implementing and maintaining a safe work environment.
This course explains how maintaining power and communication systems through emergency power-generation systems is critical.
The Engineers' Choice Awards highlight some of the best new control, instrumentation and automation products as chosen by Control Engineering subscribers. Vote now (if qualified)!
The System Integrator Giants program lists the top 100 system integrators among companies listed in CFE Media's Global System Integrator Database.
Each year, a panel of Control Engineering and Plant Engineering editors and industry expert judges select the System Integrator of the Year Award winners in three categories.
This eGuide illustrates solutions, applications and benefits of machine vision systems.
Learn how to increase device reliability in harsh environments and decrease unplanned system downtime.
This eGuide contains a series of articles and videos that considers theoretical and practical; immediate needs and a look into the future.
Maximize ROI with integrated control system approach; Microcontrollers vs. PLCs; Power quality; Accelerate and rewire IIoT; Traits for excellent engineers
HMI effectiveness; Distributed I/O; Engineers' Choice Award finalists; System Integrator advice; Inside Machines
Women in engineering; Engineering Leaders Under 40; PID benefits and drawbacks; Ladder logic; Cloud computing
Programmable logic controllers (PLCs) represent the logic (decision) part of the control loop of sense, decide, and actuate. As we know, PLCs aren’t the only option for making decisions in a control loop, but they are likely why you’re here.
This digital report explains how plant engineers and subject matter experts (SME) need support for time series data and its many challenges.
This article collection contains several articles on how advancements in vision system designs, computing power, algorithms, optics, and communications are making machine vision more cost effective than ever before.

Find and connect with the most suitable service provider for your unique application. Start searching the Global System Integrator Database Now!

Control room technology innovation; Practical approaches to corrosion protection; Pipeline regulator revises quality programs
Cloud, mobility, and remote operations; SCADA and contextual mobility; Custom UPS empowering a secure pipeline
Infrastructure for natural gas expansion; Artificial lift methods; Disruptive technology and fugitive gas emissions
Automation Engineer; Wood Group
System Integrator; Cross Integrated Systems Group
Jose S. Vasquez, Jr.
Fire & Life Safety Engineer; Technip USA Inc.
This course focuses on climate analysis, appropriateness of cooling system selection, and combining cooling systems.
This course will help identify and reveal electrical hazards and identify the solutions to implementing and maintaining a safe work environment.
This course explains how maintaining power and communication systems through emergency power-generation systems is critical.
The Engineers' Choice Awards highlight some of the best new control, instrumentation and automation products as chosen by Control Engineering subscribers. Vote now (if qualified)!
The System Integrator Giants program lists the top 100 system integrators among companies listed in CFE Media's Global System Integrator Database.
Each year, a panel of Control Engineering and Plant Engineering editors and industry expert judges select the System Integrator of the Year Award winners in three categories.
This eGuide illustrates solutions, applications and benefits of machine vision systems.
Learn how to increase device reliability in harsh environments and decrease unplanned system downtime.
This eGuide contains a series of articles and videos that considers theoretical and practical; immediate needs and a look into the future.
Maximize ROI with integrated control system approach; Microcontrollers vs. PLCs; Power quality; Accelerate and rewire IIoT; Traits for excellent engineers
HMI effectiveness; Distributed I/O; Engineers' Choice Award finalists; System Integrator advice; Inside Machines
Women in engineering; Engineering Leaders Under 40; PID benefits and drawbacks; Ladder logic; Cloud computing
Programmable logic controllers (PLCs) represent the logic (decision) part of the control loop of sense, decide, and actuate. As we know, PLCs aren’t the only option for making decisions in a control loop, but they are likely why you’re here.
This digital report explains how plant engineers and subject matter experts (SME) need support for time series data and its many challenges.
This article collection contains several articles on how advancements in vision system designs, computing power, algorithms, optics, and communications are making machine vision more cost effective than ever before.

Find and connect with the most suitable service provider for your unique application. Start searching the Global System Integrator Database Now!

Control room technology innovation; Practical approaches to corrosion protection; Pipeline regulator revises quality programs
Cloud, mobility, and remote operations; SCADA and contextual mobility; Custom UPS empowering a secure pipeline
Infrastructure for natural gas expansion; Artificial lift methods; Disruptive technology and fugitive gas emissions
Automation Engineer; Wood Group
System Integrator; Cross Integrated Systems Group
Jose S. Vasquez, Jr.
Fire & Life Safety Engineer; Technip USA Inc.
This course focuses on climate analysis, appropriateness of cooling system selection, and combining cooling systems.
This course will help identify and reveal electrical hazards and identify the solutions to implementing and maintaining a safe work environment.
This course explains how maintaining power and communication systems through emergency power-generation systems is critical.
click me