California Bar Journal
OFFICIAL PUBLICATION OF THE STATE BAR OF CALIFORNIA - OCTOBER 1998
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California Bar Journal

The State Bar of California


REGULARS

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Front Page - October 1998
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News
George calls court funding failure 'betrayal'
Court rejects rule to bare secrets
Chief justice, 3 associates seek retention from voters
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You Need to Know
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Opinion
Farewell to an independent bar
The last few gasps of a dues bill
A look toward the future
Getting leaner on our own
Justices and politics don't mix
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Letters to the Editor
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Legal Tech - Deconstructing computer leases
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New Products & Services
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MCLE Self-Study
Amending Irrevocable Trusts
Self-Assessment Test
MCLE Calendar of Events
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Discipline
Ethics Byte - Clients still have right to secrecy
8-year attorney, disciplined 11 times, is finally disbarred
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Service Awards
Neiman receives bar's top honor for helping others
13 attorneys, 2 law firms cited for pro bono efforts
Foundation presents 32 scholarships to California law school students
LA County Bar wins national recognition

LEGAL TECH

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Deconstructing computer leases
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By DANA SHULTZ
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Dana ShultzDuring the past year or two, I have heard many people sing the praises computer leasing. Their favorite feature: the ability to trade in their old system for a new one--in effect, a hassle-free way to keep their computer networks up-to-date.

But are leases really as attractive as their proponents claim? Here is the inside scoop so you can make an informed decision next time you need a new system.

Financing options

Unless you have cash available to make an outright purchase, you will need some form of financing. Typical choices include bank loans, installment purchases and leases. Your decision should be based primarily on financial and tax considerations.

Whichever type of financing you choose, the source will make its money by applying an interest rate to the amount financed. As with any other product or service, interest rates (prices) vary, so it pays to shop around.

Hiding the ball

The problem is that shopping for leases takes more work than does shopping for other forms of financing. If you take a bank loan, you can easily find out what your interest-rate formula (e.g., "prime plus 1 percent") means on any given day. If you make an installment purchase, the annual percentage rate (APR) is the key number.

But leases are trickier. There is no stated APR, and the lessor may not even tell you the finance rate being charged.

An example: Several years ago, I spoke with Dell about leasing a notebook PC. I asked what the finance rate was; Dell's representative claimed he did not know.

So I put the purchase price, monthly payments and residual value into an Excel spreadsheet and calculated a finance rate of twenty-one percent! I went elsewhere.

Upgrading systems

So what about this idea that you can upgrade your system in the middle of a lease? This is a convenience, but it comes at a price.

As soon as you take delivery of your system, its value plummets. By the time you are ready to upgrade, the fair market value will be a small fraction of the original price.

But, as with a home mortgage, the principal balance outstanding stays relatively high during most of the lease. Early payments are largely dedicated to paying interest. You have to be well into the lease before the principal amount is reduced significantly.

Thus, when you decide to upgrade during the lease, your system value will be substantially less than the principal balance--i.e., your system will have a negative net value. This negative net value will be added to the price of the new system and refinanced. In other words, not only did you pay for the original system during the first lease--you will pay for it during the second lease, too!

Taking advice

So does this mean leasing is always a bad idea? Not at all. But it does mean that lease provisions must be scrutinized and the finance rate must be uncovered.

Finally, be careful about the lease term you choose. Today's hardware has a useful life of about three years. If you go with a lease (or any other financing arrangement) longer than that, you may have to install and start paying for a new system before the old one is paid off.

Dana H. Shultz is an Oakland-based lawyer, certified management consultant and speaker specializing in office technology and online marketing. He may be reached by e-mail at dhshultz@ds-a.com and on the World Wide Web at www.ds-a.com.