HP is taking legal action against Oracle for allegedly breaching its 2010 partnership agreement of porting HP’s core software products with the latest versions of Itanium. In March, Oracle announced it would not be developing any new versions for products designed for the Itanium processor. Itanium has the ability to power the so-called Business Critical Systems hardware for extremely demanding enterprise applications. However, Oracle said the chip line is about to die.

The companies’ lawyer met in the Santa Clara County Superior Court with Judge James Kleinberg presiding to discuss their side of the event. Others in the courtroom included Ann Livermore, HP board member and former enterprise business chief, and Oracle’s co-President Safra Catz. Catz and Livermore were the two key negotiators for the agreement. Livermore was to testify later in the day. Kleinberg is set to rule if the companies had a legally binding contract.

Jeff Thomas, HP’s lawyer, focused on the so-called Hurd Agreement wording, where the companies reiterated their partnership after Oracle hired Mark Hurd, former CEO for HP. HP also sued Hurd for breaking the confidentiality agreement.

Thomas and the lead lawyer for Oracle focused on one paragraph of the agreement, which read Oracle would continue to provide its product suite on the HP platform in a way that’s consistent with the existing partnership before Hurd’s hiring.

The consulting industry is fiercely competitive and nets between $130B and $150B a year. In fact, professional consultants earn more money than many lawyers, doctors and other professionals. 

Offering free consultations is a common way for a software consultant to seize new accounts. But is there a red flag where a consultant may be giving away too many services for free? The worst scenario for a professional software consultant is to offer free services to the client and then never hear from them again once they no longer need their help. 

Although having the best intentions, many people will waste a consultant's time (i.e., client ignores or rejects any suggested approaches or solutions given by the consultant and seek the services of someone who will do it cheaper or will attempt to do it themselves). Small business owners especially can be challenging to work with. Some clients have a tendency to jump into projects before having adequate resources to finish what they have started, decide to go in a different direction midstream, while others simply don't want to spend any money when getting professional services. It's hard to believe, but some clients actually expect to receive free services for life. To counteract this notion, a software consultant can draw the line by offering free services within a promotional time frame and then begin charging a fee for services rendered after that time.

A good indicator of what a client's true intentions are is to monitor their activity within a specified period to see if their consultation activity bears fruit in the form of a contract. One big red flag is non-commitment on the part of the client. If they seem indecisive or vague about what they want it may be time to move on. Although there are times when a free consultation results in a paying client years later, who can wait that long? 

Less of Your Time is Wasted When You're Upfront

After being burned, some professional software consultants no longer give free consulting. They find that clients are much more willing to follow their advice when they have paid something. In order to close an account, a happy medium can be agreed upon by both parties involved as a way to build a long term relationship with highly qualified prospects. 

A software consultant's work, knowledge, skills and time are valuable. They can offer a potential client general solutions instead of addressing specific challenges. If a specific topic of discussion, troubleshooting session or other issue needs to be addressed, the consultant can inform the client of any upfront costs to receive a particular service if they need further assistance. Really, a free software consultation (if one is given) should be presented in a very similar way someone would hand out samples of a product at a grocery store. A professional consultant ideally wants clients to see how they can benefit using their services on a trial basis with a pitch leading to more extensive services which would only be available if they sign a contract with their firm. 

 Red Flags

Back in the late 90's, there were a number of computer scienctists claiming to know java in hopes of landing a job for $80k+/year.  In fact, I know a woman you did just that:  land a project management position with a large telecom and have no experience whatsoever.  I guess the company figured that some talent was better than no talent and that, with some time and training, she would be productive.  Like all gravey train stories, that one, too, had an end.  After only a year, she was given a pink slip.

Not only are those days over, job prospects for the IT professional have become considerably more demanding.  Saying you know java today is like saying you know that you have expertise with the computer mouse; that's nice, but what else can you do.   This demand can be attributed to an increase in global competition along with the introduction of a number of varied technologies.   Take .NET, Python, Ruby, Spring, Hibernate ... as an example;  most of them, along with many others, are the backbone of the IT infrastructure of most mid-to-large scale US corporations.  Imagine the difficulty in finding the right mix of experience, knowledge and talent to support, maintain and devlop with such desparate technologies.

Well imagine no more.  According to the IT Hiring Index and Skills Report, seventy percent of CIO’s said it's challenging to find skilled professionals today.  If we add the rapid rate of technological innovation into the mix of factors affecting more businesses now than ever before, it’s understandable that the skill gap is widening.  Consider this as well:  the economic downturn has forced many potential retires to remain in the workforce.  This is detailed in MetLife's annual Study of Employee Benefits which states that“more than one-third of surveyed Baby Boomers (35%) say that as a result of economic conditions they plan to postpone their retirement.”  How then does the corporation hire new, more informed/better educated talent?    Indeed, the IT skills gap is ever widening.

In order to compensate for these skill discrepencies, many firms have resorted to hire the ideal candidates by demanding they possess a christmas wish list of expertise in a variety of different IT disciplines.  It would not be uncommon that such individuals have a strong programming background and are brilliant DBA's.  What about training?  That is certainly a way to diminish the skills gap.

One of the biggest challenges faced by senior IT professionals in organizations is the choice of the right software vendor. In the highly competitive enterprise software industry, there are lot of vendors who claim to offer the best software for the problem and it can be really daunting to narrow down the best choice. Additionally, enterprise software costs can often run into millions of dollars thereby leaving very little margin of error. The real cost of choosing a wrong software can often result into losses much more than the cost of the software itself as highlighted by software disasters experienced by leading companies like HP, Nike etc. In such a scenario, senior IT professionals despite years of expertise can find it very difficult to choose the right business software vendor for their organization.

Here are some of the proven ways of short-listing and selecting the right business software vendor for your organization,

·         Understand and Define The Exact Need First: Before embarking on a journey to select the software vendor, it is critical to understand and define the exact problem you want the software to solve. The paramount question to be asked is what business objective does the software need to solve. Is the software required to “reduce costs” or is it to “improve productivity”? Extracting and defining this fundamental question is the bare minimum but necessary step to go searching for the right vendor. It will then form the basis of comparing multiple vendors on this very need that your organization has and will help drive the selection process going forward. The detailed approach involves creating a set of parameters that the software needs to meet in order to be considered. In fact, consider categorizing these parameters further in “must-haves”, “good to have” etc. which will help you assign relevant weights to these parameter and how the software’s fare on each of these parameters

·         Building The List of Vendors Who Meet The Need: Once you have defined your need and distilled that need into various parameters, it’s time to built the list of vendors who you think will meet the need. This is akin to a lead generation model wherein you want to identify a large enough pool and then filters your list down to the best ones. There are multiple ways of building a list of vendors and more often than not, you must use a combination of these methods to build a good enough list.

o   Use Industry Reports: We discussed the IT intelligence offered by leading industry firms Gartner and Forrester in How To Keep On Top Of Latest Trends In Information Technology. These firms based on their access to leading software vendors and CIO network publish vendor comparison research reports across specific verticals as well as specific technologies. Gartner’s Magic Quadrant and Forrester’s Wave are a very good starting point to get an insight into the best software vendors. For example, if you were looking for a CRM solution, you could look for Gartner’s Magic Quadrant for CRM and look at the vendors that make the list. These reports can be pricey but well worth the money if you are going to invest hundreds of thousands in the software. Having said that, you don’t have to trust these report blindly because how these firms define the best software may not match how you define the best software for your organization

o   Competitive Intelligence: If you are a smart professional, you are already keeping tabs of your competition. Chances are that if you are a big organization, you might see a Press Release either from your competitor or their vendor announcing the implementation of new software. Extrapolate that across 5-10 key competitors of yours and you might discover the vendors that your competitors are choosing. This gives you a good indicator that the vendors used by your competitors must be offering something right.