Modern Law Magazine Issue 48

Issue 48

THE BUSINESS OF LAW

ISSN 2050-5744

THE ADVANCING TECH ERA - and coping with Covid-19

P06 Chrissie

Lightfoot The naked entrepreneurial lawyer – revealed!

Supported by

P11 George

Bisnought The new world of work in the legal sector

P51 Forum The Big ‘Next Generation of Tech’ Debate

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The advancing tech era – and coping with coronavirus Technological change has reshaped the workplace continually over the past two centuries since the Industrial Revolution, but the speed with which technologies are developing today, and the scale at which they could disrupt the legal sector even further, are largely without precedent.

The Fourth Industrial Revolution will see an exponential growth in the impact of technology and it’s changing the game in almost every industry worldwide.

The theme of this issue addresses how the new world of legal work is evolving and how new tech is demanding new skills – and, not surprisingly, there’s a fair bit of Covid-19 content. Its impact on the legal sector, and business and industry generally, has been unprecedented and in the shortest time imaginable. Plus, the biggest work-related aspect in the first rapid weeks has been the instant switch to remote/homeworking, when ‘lockdown’ was announced.

I’ve been banging on about remote and agile working for 35 years – and as recently as my Intro to MLM44.

In the long-gone ‘80s I handled the PR activity worldwide for a U.S. data communications company, whose multiplexers and packet switching technology revolutionised ATM and back office tech, utilising ISDN. The ability for homeworking was there then, and the predictions were that the

and work-related aspects of Covid-19.

From Chrissie Lightfoot (P6), Charlotte Clode (P15), and Paul Smith (P21), to the SRA’s Colette Best (P24), our Editorial Board contributors (Ps29-47), our Forum discussion panel (Ps51-57) – and our resident tech expert Charles Christian (P49), who gives his practical tips on videoconferencing from home. Lots to get stuck into!

majority of office-based people would be working from home and enjoying way more leisure time than we’d know how to cope with! And while other tech advances have progressed at super-crazy speeds, two related aspects have remained virtually static – remote working and videoconferencing!

Sadly, I suspect the sluggish take-up of homeworking over the past decades is largely down to the lack of trust partners and business owners had/have in their employees, imagining them sat with their metaphorical feet up all day.

I hope I’m wrong in that assessment – but it’s sad that it’s taken something as tragic as this coronavirus pandemic to make the instant switch to homeworking which, who knows, might just stick when we return to the ‘new normal’!

Finally though, I’d like to quote Eclipse Modern Law, Lawyer of the Year 2020, Charlotte Clode, who says, “…from what I have seen so far, beyond Covid-19 is the chance to keep kindness at the core of business. I have seen kind words. I have seen kind offers of support… And I now see ‘stay well’ and ‘be safe’ at the end of every written communication, whoever that communication is between.”

I leave you with that thought, while you read this intriguing issue of Modern Law – and to paraphrase Charlotte, please stay safe!

But imagine just how far advanced the world of work would be now if we’d adopted remote and agile working/ videoconferencing way back when we first could have! Still, it’s good to see that George Bisnought’s firm (read his interview on P11) pre-pandemic, had already adopted remote working as standard practice, making the current emergency so much easier to handle for them.

As we all wait for the medical breakthrough that defeats the virus, or the drop-off in new cases as the lockdown tactic takes effect, most of our contributors touch on interesting societal

Pete Ward Editor, Modern Law Magazine.

01765 600909 Pete@charltongrant.co.uk www.modernlawmagazine.com

Editorial Contributors Paul Albone, tmgroup Adam Bullion, InfoTrack John Dobson, SmartSearch Melody Easton, Docscorp John Espley, LEAP UK Sarah Fancourt, poweredbypie Aidan Hawes, vLex Justis Kingsley Hayes, Hayes Connor Solicitors

ISSUE 48 ISSN 2050-5744

Alex Holt, The Cashroom Limited Matthew Hughes, Dorset Orthopaedic Kevin Johnson, Index PI Robert Kelly, Stewart Title Jane Malcom, Solicitors Regulation Authority (SRA) Fiona Morrison, TLA Medicolegal & 3D Health UK Dave Seager, SIFA Professional Alan J Smith, High Court Enforcement Group

Bernadette Bennett,, Moneypenny Tim Smith, Insight Legal Software Robyn Weatherley, Thirdfort Brian Welsh, Insight Legal Software Alex Williams, Tikit Grant Yuill, Denovo

Editor | Pete Ward Project Manager | Martin Smith Events Sales | Kate McKittrick

Modern Law Magazine is published by Charlton Grant Ltd ©2020

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All material is copyrighted both written and illustrated.

Reproduction in part or whole is strictly forbidden without the written permission of the publisher. All images and information is collated from extensive research and along with advertisements is published in good faith. Although the author and publisher have made every effort to ensure that the information in this publication was correct at press time, the author and publisher do not assume and hereby disclaim any liability to any party for any loss, damage, or disruption caused by errors or omissions, whether such errors or omissions result from negligence, accident, or any other cause.

CONTENTS INTERVIEWS

INSIGHT KEY CONTRIBUTORS EDITORIAL BOARD

06

The naked entrepreneurial lawyer – revealed!

Respected throughout the legal industry for her pioneering work, Chrissie Lightfoot, talks to Modern Law about her early influences, and influencers, while giving us her insight into the role of new tech and the new skills required – plus one of Covid-19’s likely legacies.

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The new world of work in the legal sector George Bisnought is the Founder and Managing Director of Excello Law. Here he gives his views to Modern Law on important questions around the new world of work in the legal sector, and how the Covid-19 pandemic should act as a catalyst for permanent change.

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Women, Tech, Millennials – and beyond Covid-19 Charlotte Clode was named Lawyer of the Year, at the Eclipse Modern Law Awards 2020, in February. Afterwards, she spoke to Modern Law about the challenges facing women in law, the use of technology as a means of driving flexibility into our working lives – and how to keep the new wave of kindness at the core of business post Covid-19.

21

The effective use of technology within law firms Paul Smith, Head of Professional Services at Calls9, where he helps law firms build sustainable growth plans. In this article for Modern Law, he discusses key aspects of technology’s role in the legal sector.

24

Money laundering – knowing the risks will reap rewards Colette Best, Solicitors Regulation Authority (SRA)

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Lawtech, regulation and protecting David Fowlis, Legal Services Board

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29

31

31

Tech and an evolving property market Kevin Johnson, Index PI Financial planning referees Dave Seager, SIFA Professional Legal Tech: Bridging the divide between firms Adam Bullion, InfoTrack Making life easier for lawyers, not harder John Dobson, SmartSearch

EDITORIAL BOARD CONTRIBUTORS

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EDITORIAL BOARD

FEATURES FORUM 10 MINS

33

Tech – doing the heavy lifting Melody Easton, DocsCorp

33

Stand out from the crowd Robyn Weatherley, Thirdfort

35

Handing back time to the lawyer Aidan Hawes, vLex Justis

35

Working from home advice for legal practices John Espley, LEAP UK

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Tech in the enforcement industry Alan J Smith, High Court Enforcement Group Limited

37

AI, disruption and law firm evolution Paul Albone, tmgroup

39

Closing the gap Kingsley Hayes, Hayes Connor Solicitors

39

Easier for the experts Sarah Fancourt, poweredbypie

41

Is the cloud the silver lining?

Grant Yuill, Denovo

41

Easier or harder to do business?

Alex Williams, Tikit

43

Work issues – not always tech-based Robert Kelly, Stewart Title

43

Changing perception with a level playing field Bernadette Bennett, Moneypenny

45

Technology and the human spirit Alex Holt, The Cashroom Limited

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From office to dining table Tim Smith, Insight Legal

47

Prosthetics and rehabilitation Matthew Hughes, Dorset Orthopaedic

49

New world – new tech – new skills – the new normal?

Charles Christian, Legal IT Insider

51

The Big ‘Next Generation of Tech’ Debate Darren Gower, Eclipse Legal Systems Tony O’Reilly, poweredbypie James Lancaster, Yoti Sign Osman Ismail, DPS Software Charlotte Ponder, Countrywide Tax & Trust Corporation Joanna Sidhu, Legl

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10 Mins With…

John Espley, CEO at LEAP UK

Disclaimer: Our publications contain advertising material submitted by third parties. Each individual advertiser is solely responsible for the content of its advertising material. We accept no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein. We do not endorse, and are not responsible or liable for, any advertising or products in such advertising, nor for any any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising or products in such advertising.

EDITORIAL BOARD CONTRIBUTORS

Dynamic REHABILITATION 5

INTERVIEWS

The naked entrepreneurial lawyer – revealed!

Respected throughout the legal industry for her pioneering work, Chrissie Lightfoot is an internationally celebrated lawyer, keynote speaker, legal and business commentator, and bestselling author of The Naked Lawyer and its sequel Tomorrow’s Naked Lawyer. In this interview, Modern Law Editor, Pete Ward, asks the questions.

MLM: What were your early influences – and influencers – that set you on the path to today’s Chrissie Lightfoot?

CL: Hailing from a coal mining region in the north east of England, my working class background, entrepreneurial father and grounded mother influenced and fuelled my work ethic, independence and entrepreneurial spirit. I recall my father telling me at a very young age, “always remember, the world owes you nothing” and “God helps those who help themselves”. He reminded me of this recently. I was ‘conditioned’ to think and behave with a truly survival instinct.

My values, norms, ethics and morals were moulded by my mother who worked incredibly hard just to make ends meet for the family. I believe this ‘hard knock’ upbringing instilled in me the entrepreneurial drive and outlook I have on life, personally and professionally.

“We are experiencing the financial crisis of 2008 all over again, but this time, it’s on steroids and the long term stakes and consequences are much greater.”

As a teenager I would read numerous books about business and the future, including the rise of technology, robots and the portfolio worker. Great thinkers and writers influenced my trajectory for future-proofing my own professional and personal path.

understand organisations, business and people.

I guess you could say he helped me sculpt the compilation lifestyle and portfolio careers that I have chosen to pursue. Back in 1994 he wrote about the future of work in The Empty Raincoat1 and in particular about the portfolio worker, coining the phrase ‘portfolio career’.

Nowadays we speak of ‘compilation career’ and ‘compilation lifestyle’. It resonated with me, big time. I could empathise. And I could see the future on the horizon. I could see the trends...

So, in my teens, I made the decision to secure my future. I decided to get myself a handbag full of skills so that I could make the world my oyster rather than my clam. And, I figured that I could do more than one thing at once, hence, the compilation lifestyle and portfolio career approach.

I also figured that the more skills I could learn, the more prepared I would be for the choices before me at whatever stage when the universe may throw a curve ball. I guess we’re experiencing that right now with Covid-19! Ultimately, by taking this approach to life I would have more control over the direction I wished to take it.

In later years (since 2009) I realised I could help others do the same and set about doing that once I’d fulfilled my portfolio handbag of skills, i.e. sales, marketing, operations, HR, legal,

Early influencers include author and guru, Charles Handy, who influenced my teenage years and adult direction in life; he helped me

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INTERVIEWS

“Whether assist/support, transform or replace, it is fair to say that during 2020 to 2030 AI and robot lawyers will continue to shake up and aggravate the division of labour between humans and technology.”

IT/technology and finance (by default). I believe they are the fundamentals for business nous and to be life savvy.

MLM: Since you said “the robots are coming” in your 2015 book Tomorrow’s Naked Lawyer, how has that evolved in the subsequent five years?

CL: They have arrived, albeit, not in the droves I envisaged. Adoption has been frustratingly slow in the legal ecosystem here in the UK and globally. There has been a disappointing uptake and funding of both LegalTech and LawTech provision, adoption and use.

The reality is that behaviour change takes years and decades, not months or weeks. Unless, of course, a crisis or catastrophe occurs which forces immediate change. But it shouldn’t have to be that way. As proven by the Covid-19 pandemic, people and systems can change rapidly if they need to/have to/want to. We’ve seen this in practice already in the UK Government’s rapid succession of (emergency) new Bills and Acts to help protect peoples’ livelihoods and businesses and to keep the courts functioning.

• They work 24/7 – this is different to being available 24/7 (human lawyers need to sleep; robot lawyers do not; caveat occasional ‘downtime’ for fixes/upgrades etc) • They never get ill (although they can catch a cold, aka a bug) • Speed – of turnaround. Tasks can be done in seconds/ minutes instead of hours/days/weeks/months • Cost – in general, far less expensive than a human solicitor to do the same task • Volume – robot lawyers can get through more tasks/jobs and they can process volumes of data that a human brain couldn’t possibly handle • Accuracy – it has been proven that robot lawyers can eliminate the potential for human error. This could, for example, help decrease the number of legal disputes • Choice for buyers – if robot lawyers did not exist, buyers of legal services and products would (likely) still be neglected • Support and/or replace human lawyers.

It is inevitable that many jobs could and will be transformed by artificial intelligence (AI) and robots in both a positive and negative way. But the scaremongering of how AI and robotics, combined with other disruptive technologies and the apocalyptic mantras suggesting they could eliminate the need for humans entirely in the workplace, hasn’t helped either.

Lawyers, law firms, ALSPs, businesses of law, General Counsel in corporate legal departments etc are increasingly using a range of smart technology (LegalTech), for example, machine-learning, NLP, RPA, expertise automation etc for contract drafting, review, due-diligence, management, search, analysis and analytics, prediction, hypothesising, e-discovery and e-billing. And Robot lawyers are here in the UK and other countries, providing a much needed LawTech service to the neglected population, not simply overturning parking tickets (tasks that most solicitors would shy away from anyway) but doing prime solicitor jobs such as drafting contracts. Robot Lawyer LISA is just one example in relation to a robot drafting a Confidentiality Agreement (NDA) or a commercial lease instead of a human solicitor.

In the new world of LegalTech and LawTech, robots will continue to assist, transform and/or eliminate human lawyers.

It is inevitable. There is need and proven demand from existing clients and potential customers for the services of the machine. Albeit none of us know how quickly robots and AI might eliminate lawyer jobs, or what the employment needs will be of the future businesses of law, many futurists and entrepreneurs, forecasts and reports, suggest that 1 in 2 human jobs will be replaced by AI or robotic workers by 2030.

Furthermore, robots will outperform humans in every field of activity. Alarmingly, the OECD predicts that for every new job created, three or more will disappear through automation.

Whether assist/support, transform or replace, it is fair to say that during 2020 to 2030 AI and robot lawyers will continue to shake up and aggravate the division of labour between humans and technology.

But the vast majority of law firms, GCs and lawyers in SMEs have been slow to adapt and adopt the new LegalTech and LawTech (AI and robots) and get on board with the trends and needs in society and business.

MLM: Apart from human lawyers not being available 24/7, what are the key benefits of robot lawyers over humans?

CL: Speaking from experience as both a provider and user of robot lawyers these are the fundamental benefits they bring:

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INTERVIEWS

MLM: What would you consider to be the key skills required for the new world of work in the legal sector?

CL: Ten years ago I wrote the best-seller book The Naked Lawyer: How to Market, Brand and Sell YOU! In it I described a plethora of ‘soft skills’ that lawyers, and all of us, would need for the new world ahead. What I shared then is just as relevant today, if not more so. I implore you to read it. As part of the #makelawbetter global initiative and drive to help lawyers and their businesses during the Covid-19 crisis, innovators in law around the world have come together. For my part, I’d like to help by providing a free electronic copy of The Naked Lawyer to anyone who feels that the guidance in this book could help them right now. Simply contact me: http://entrepreneurlawyer. co.uk or chrissie@entrepreneurlawyer.co.uk Two of the top skills are empathy and emotional intelligence (EI). EI is all about understanding and interacting with people, both yourself and others. You either learn the attributes and skills or invariably experience them through time. It’s the opposite of Intelligence Quotient (IQ). IQ is all about one’s academic ability, which lawyers have in spades. But, apparently, we reach our IQ peak at the age of 19-20. In contrast, we reach our EI peak age 40-50.

But, it’s actually our EI which differentiates us where top level results are concerned. Author Daniel Coleman in his book Emotional Intelligence: Why it can matter more than IQ, 1996, defines emotional intelligence as, ‘the ability to manage our own feelings so that they don’t run us’. It’s a critical characteristic in sales people (which lawyers are, whether they want to admit and/or accept it).

You have to be in control of your own emotions. Guru Bob Burg in Go Givers defines EI as, ‘the ability to keep your focus on others’ feelings as you acknowledge and honour your own’.

“In the next 20 years, industry digitalisation will be the most significant trend; the legal industry will not escape this.”

I define it as one word. Maturity. It’s about using ‘thinking about feeling’ to guide our actions (behaviour). It’s about the ‘why’ we do what we do: the motivational factors, values, beliefs, attitude, awareness (of self and others), self-control/ regulation, self-confidence, and how they are externalised in our ‘soft skills’: communication, management, leadership, persuasion, empathy, creativity, body-language skills, etc.

technology take-up, the survey found that the most commonly used AI-assisted technology was legal research (27%), followed by due diligence (16%), ediscovery (13%) and regulatory compliance (12%).

The most commonly used LegalTech was document/knowledge management (80%), followed by time recording (69%), document automation (43%) and extranets/deal rooms (37%).

In such a challenging time for lawyers and businesses of law, when we must continue to market and sell, it is crucial that we are sensitive when carrying out work and/or approaching clients and potential clients for work. Drawing on empathy and EI will certainly help you relate.

In the next 20 years, industry digitalisation will be the most significant trend; the legal industry will not escape this. The Digital Economy is 2.5 times that of the growth of global GDP, and may exceed US$23 trillion (24% of global GDP) by 2025.

How lawyers and law firms cope will very much depend on how they view AI and whether they engage in training. A survey3 of top 100 law firm financial directors by Thomson Reuters reveals that 25% of large UK law firms believed advances in AI poses a significant threat to their profitability.

In addition, it is critical that lawyers are skilled and trained in LegalTech and LawTech. Upskilling and re-skilling will be essential.

MLM: How have law firms adapted to disruption and new technologies – and how will they cope with the inevitable exponential tech-surge to come?

CL: Some have adapted very well and embraced new technologies in a positive way. In contrast, most have failed.

Less than 25% of UK solicitors use technology powered by AI. A recent survey2 by the Law Society of England and Wales together with Oxford University, reported by The Global Legal Post on 24th March 2020, has highlighted the “low take-up of innovative technology and subsequent training within the legal profession with respondents having little faith even in their organisations’ ability to capture data – a key requirement for any AI-assisted technology”. Regarding

Meanwhile, another report has warned that commercial law firms here in the UK are falling behind their global rivals in adopting new technology, including AI and data analytics4.

MLM: In light of the Covid-19 outbreak is the legal sector in control of its own future for the new world?

CL: Yes. It always has been and always will be. Individual lawyers and businesses of law have always had the choice of how they behave in times of ‘peace’ and crisis. We can choose to adapt

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INTERVIEWS

and change at any stage to maintain control or we can let external forces control us. We are experiencing the financial crisis of 2008 all over again, but this time it’s on steroids and the long term stakes and consequences are much greater.

History is repeating itself. Already we are witnessing layoffs in law firms and LegalTech companies. Most lawyers, law firms, LegalTech and LawTech companies will batten down the hatches (again) and ‘wait out the storm’. Some are even taking control by mothballing. Some will be by choice, others by necessity. But maintaining control, all the while.

MLM: And finally, as a consultant, international keynote speaker, legal futurist – oh, and writer – which hat will suit you best in the new world?

CL: In the current circumstance we all find ourselves in I’d have to say whichever hat brings the money in right now! That would be ‘consultancy’ as I can do this remotely via Skype/Zoom etc and (potential) clients are more likely to want/need this service right now (assuming they have the surplus funds to invest in themselves). Understandably, my prime income, aka paid international and UK speaking engagements at conferences, public and private events (including legal futurist activity), that were in the pipeline fell off a cliff at the start of the year. As we are now dealing with the unknown in relation to how long we all need to isolate and maintain ‘social distancing’ etiquette, it is unlikely that ‘in person’ speaking engagements will pick up much, if at all, until Q4 2020 or Q1 2021.

If I had to say which hat suits me best in the future I’d plump for writer. I’d quite like to step into that quieter lifestyle having experienced this recently.

I appreciate this is an emotional, sensitive and challenging time for all of us, personally and professionally, but despite the obvious negative effects and outcomes of the Covid-19 pandemic there is something positive that we can all take from this.

During the peacefulness, whether that was/is during our daily walks, runs or cycling, there is the opportunity right now for us all to pause, reflect, even press the reset button perhaps, and decide who and what we really are and wish to be when we come out of this tunnel and walk toward a better future and planet that we are privileged to mould as custodians. We must remain positive and think clearly about getting through this crisis and coming out the other end for the long haul with a renewed sense of being, purpose and strength (personally and professionally) not only for yourself, but for supporting others too in the new world.

These events could be done online but there doesn’t appear to be the same appetite for conference providers or corporates to commission keynote speakers at this time for online gatherings, and it is definitely a truism that hosts and delegates prefer to have speakers present in person whenever possible. It would be great if this behaviour and requirement changes as a result of what we’re going through, as I personally think that remote/ virtual conferences should be the now not the future; I’ve said this and advocated it for years. It would save a great deal of time and money for everyone engaging, plus, the reduction of ‘in person’ social interaction could negate flare ups of other coronavirus epidemics and pandemics in the future.

In the UK we are very fortunate that the government has taken measures to try and help us. But it can’t do everything for us. We have to take responsibility and accountability for the personal and professional lives we choose to live, and how we live them. My advice is simple. If you can afford to take a wee sabbatical for 3-6-9-12 months, do so. Don’t fight it, accept it.

Change what you can and manage what you can’t. Because when the next life threatening and life changing disease strikes (which is inevitable - wearing my futurist hat now) it’s better to look back on your life and say, ‘no regrets’ than ‘I wish I’d worked more’. It’s taken me 48 years to realise this. I hope you’re smarter than me!

I’m contemplating writing The Naked Lawyer 3, as I love to write. If I do, then income directly and indirectly from this would likely flow in 2021. We’ll see…

If I’m absolutely honest, I am currently wearing my ‘compelled sabbatical’ hat. It fits very well and I’m finding it wonderful. It’s bliss. Calm. Stress free. Quiet. Slow. It’s in complete contrast to the way things were a couple of months or so ago. My life used to be full throttle, incredibly noisy and super busy with a packed social and work schedule up to 12 months in advance.

The ‘enforced’ slowdown has made me realise it’s okay to relax a little, nest, curl up and ‘settle in’ to cry along to a comforting chick flick or pick up and read that book I’ve been meaning to get stuck into for years. To quote the lyrics of pop band Chicago, “everybody needs a little time away”. I’m actually being forced to rest. It’s something I haven’t done for 30 years and it seems like the universe is telling me “it’s time”. Maybe the universe is telling us all this.

1. Handy, Charles, The Empty Raincoat: Making Sense Of The Future (London: Hutchinson, 1994) 2. https://www.law.ox.ac.uk/sites/files/oxlaw/oxford_lawtech_adoption_and_ training_survey_report_18_march_2.pdf 3. http://www.globallegalpost.com/big-stories/advances-in-artificial-intelligencefuelling-law-firm-profitability-fears-survey-finds-64874708/ 4. https://www.legalfutures.co.uk/latest-news/city-firms-falling-behind-global-rivalson-technology

Chrissie Lightfoot is CEO Robot Lawyer Lisa Limited and CEO Entrepreneur Lawyer Limited, and author of best-seller The Naked Lawyer and Tomorrow’s Naked Lawyer

That said, I have my ‘consultancy’ hat and ‘writer’ hat at the ready. No doubt, come 2021 I hope to be juggling all hats again.

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INTERVIEWS

The new world of work in the legal sector George Bisnought is the Founder and Managing Director of Excello Law. He qualified as a solicitor in 1991 and since that time has worked extensively in the regions and the city within both industry and for law firms. As well as being MD of Excello Law, George also holds a number of directorships mainly for companies in the software industry. Here he answers important questions on the new world of work in the legal sector and how the Covid-19 pandemic should act as a catalyst for permanent change.

MLM: Can you give us a brief insight into your path to qualifying as a solicitor in 1991?

GB: I was seduced into the law by the various TV court room dramas on at that time and qualified in 1991 as a dispute resolution solicitor for a regional commercial law firm. I worked across both commercial practice and in industry and founded Excello Law in 2009.

My experience both as a practising solicitor and a client of legal services shaped my view of the type of law firm I wanted to build. I wanted to address lawyer demands for greater flexibility, reward and fulfilment and client demands for quality, value for money and accessibility to senior legal expertise.

“Putting the crystal ball on the table, it seems likely that the Covid-19 pandemic should act as a catalyst for permanent change.�

Excello Law is first and foremost a commercial law practice but one which is at the vanguard of the new dawn in legal services provision.

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Our commitment to excellence means we have rejected the conventional private practice model, in order to create a collegiate working environment where lawyers can succeed. We do not tolerate office politics. We operate a totally agile model so our lawyers are free to work where, when and for whom they choose, and being fairly rewarded for the work they bring in.

MLM: In the last five years, law firms have generally adapted well to disruption and new tech – but how will firms cope with the inevitable acceleration in tech advances?

GB: Rather than generalising about law firms as a homogenous group, the answer depends very much on the strategic ambitions of those who are managing each firm. Across the range of legal service providers, there is a broad spectrum.

INTERVIEWS

the same, although they will require constant recalibration to meet client expectations.

At one end are the early adopters: firms which have readily embraced disruption and new technology, sometimes trying to become disrupters themselves. At the other are the laggards, reluctantly deploying new technology because they feel they have to, rather than because they genuinely want to. The majority of firms lie somewhere in between, doing just enough to keep up without being sufficiently adventurous to gain real competitive advantage.

These include: judgment – being able to assess an issue/problem on behalf of a client and deliver an appropriate solution; collegiality – working well and cooperatively with colleagues, clients, and opponents; dedication – focusing on always doing the best job possible and becoming an expert in one or more specialties; stress – learning how to handle and manage it appropriately; availability – always being available to clients and colleagues; empathy – understanding and accommodating other people’s concerns; clients – doing the best job possible on their behalf because if you do a great job, they will keep coming back.

The firms whose mindset is most open to making the necessary financial and cultural commitment to use technology that is genuinely beneficial for their clients and themselves, will succeed in the long run.

MLM: Should law firms in the new world of work be run by lawyers in tandem with internal software, finance and marketing specialists – or is outsourcing the answer?

GB: This question is central to the debate which has been current for more than a decade. It is also part of the argument put forward compellingly and persuasively by Richard Susskind, namely that legal practice is already changing beyond all recognition: routine tasks are being increasingly automated as the delivery of legal services migrates online and computerised web-based services displace traditional law firms. He concludes that, to survive, lawyers also need to be technologists.

“However, AI is still at the embryonic stage and we remain in the foothills with a long way to go before we reach the top of the mountain.”

Certainly, the much greater use of internal IT, finance and marketing specialists is a symptom of technological change: these roles have become essential key components of every modern law firm. The critical issue is where the balance of power lies in the future – will these specialists continue to occupy a supporting role to traditional law firm partners, or will they rank as equals in the management structure of law firms determining and shaping their future strategy? There are already examples of firms which have given partner status to such specialists. More will inevitably follow.

MLM: What can firms do to ensure they can source the best new talent with the requisite skills to carry them forward into this new decade?

GB: Finding good lawyers in a competitive market has always been a challenge. There are several unique factors in our model that makes Excello appealing: the business is fully agile, meaning that lawyers can work where and how they want. They are in charge of their own working hours and can work from home or at one of our offices in London, Liverpool, Leeds, Chester and Birmingham. It is entirely their choice.

The firm uses new technology to reduce overhead costs and provide legal services at a highly competitive rate. Each lawyer retains personal responsibility for developing and maintaining client relationships and can negotiate fees directly with their clients. This gives them greater flexibility to invest time in supporting new businesses, for example, or agreeing fixed-fee options. Again, that is each lawyer’s choice. Unlike traditional firms, there are no billable hours targets.

Excello’s lawyers keep a greater proportion of the fees they bring in and are incentivised to refer work within the firm. It’s a very collaborative working culture with over 42% of last year’s business being referred between the lawyers. The focus is on giving lawyers control and freedom over when, where and with whom they work, significantly helping to reduce what can be a stressful and long hours culture within the profession. Many of us feel quite ‘liberated’ working this way. In fact, some of our lawyers have been able to pursue other passions in addition to law, such as opening a networking business, teaching, acting as a tribunal judge or being involved in non-profit organisations.

MLM: What would you consider to be the key skills required for the new world of work in the legal sector?

GB: Successful lawyers of tomorrow will need to adapt and adjust continuously to the impact of ever more capable technology, the shifting demands of clients and their commercial imperative to achieve greater value from their legal service providers. Having said that, the essential skills of what makes any lawyer good at their job and attractive for clients to use will remain largely

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INTERVIEWS

hard. For lawyers who use these technologies wisely for the benefit of their clients, things should only get better!

MLM: Disruption is an opportunity as well as a challenge – given the inevitability of huge digital change, who will benefit most, law firms or the disrupters?

MLM: As well as being MD of Excello Law, you also hold a number of software company directorships – how does this mould your thinking on legal tech?

GB: Disruption has become a constant feature of commercial life, not just in law firms but throughout the wider business world Adapting Darwin’s Origin of Species, the business that survives (and thrives) is one that is able best to adapt and adjust to the changing environment in which it finds itself.

In seeking to find out who will benefit most, the question seeks to draw a clear distinction between law firms and disrupters. But the legal services market has become more of a Venn Diagram, where an increasing number of law firms are themselves disrupters, part-time disrupters or are using the tactics of disruption to adapt, adjust and survive.

Undoubtedly, those who fail to take on board the impact of huge digital change will not survive – that much is self-evident. The more uncertain question is how the traditional law firm model that is still widely prevalent will evolve and adapt to changing circumstances. For most law firms, that is still very much work in progress.

MLM: Is new tech primarily performing the same legal tasks lawyers have always done, albeit faster, but doesn’t that miss the point of AI? GB: In the delivery of legal services, new technology is a critical ingredient. Whether from the perspective of analytics, equipping lawyers with access to better knowledge tools, cataloguing contracts and other information that is helpful, or using AI tools to extract and process information and provide analytics that are meaningful, it is a significant part of the evolution of what lawyers do.

“Adapting Darwin’s Origin of Species, the business that survives (and thrives) is one that is able best to adapt and adjust to the changing environment in which it finds itself.”

GB: Legal tech is an innovative solution to traditional problems faced by the legal industry.

This solution can be rapidly and efficiently implemented allowing law firms to focus on other issues that require more attention.

However, law tech is only a part of innovation in the legal sector and will not solve all problems in the legal industry if the industry lacks an innovative mindset.

MLM: Gaze into your crystal ball – what’s beyond Covid-19?

GB: Putting the crystal ball on the table, it seems likely that the Covid-19 pandemic should act as a catalyst for permanent change.

Most law firms have agile/flexible working programmes which use secure IT systems to facilitate working from home. Setting aside the tragic human cost and widespread economic disruption, one positive effect of coronavirus for the legal sector may be a further dramatic increase in agile, flexible and remote working.

In mitigating the risks of Covid-19, law is one of the best-placed sectors to maintain business continuity by adapting working practices. The changes that the pandemic has brought may have a lasting impact. As law firms require their employees to work from home, the outbreak will serve as a test case for the long-awaited, but not yet arrived, moment when remote working displaces working in a designated office.

Despite their warm words, most law firm managing partners have, until now, been reluctant to encourage or enable remote working beyond a maximum of one day a week. But the Covid-19 crisis has created a unique set of dynamic shocks for law firms.

The necessity of continuous home working on an industrial scale that it has precipitated may prove to be an inflection point as more firms – and in particular, their lawyers – see just how much they can benefit. But we will have to wait and see if the much-needed sea change in attitudes becomes permanent.

Arguably the most significant emerging technology is AI, not least because of the benefits that it promises to deliver in cost and efficiency both for legal service providers and their clients. However, AI is still at the embryonic stage and we remain in the foothills with a long way to go before we reach the top of the mountain. Ultimately, the tangible benefits may extend far beyond doing things much faster and removing hours of routine document searching and checking from lawyers’ working lives.

George Bisnought

But forecasting with certainty what lies ahead in the next decade and beyond for the practical application of AI and other technologies is very

is Founder and Managing Director of Excello Law

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INTERVIEWS

Charlotte was recognised as Lawyer of the Year, at the Eclipse Modern Law Awards 2020, for her outstanding contribution to the development of FBC Manby Bowdler through her leadership and management.

Women, Tech, Millennials - and beyond Covid-19 New Eclipse Proclaim Modern Law Awards Lawyer of the Year, Charlotte Clode, joined FBC Manby Bowdler as a Trainee Solicitor in 2006. She qualified as a Solicitor in the Commercial Litigation Department in 2009 and became a Partner in April 2016. Modern Law caught up with Charlotte on a wide range of issues, including the challenges facing women in law, the use of technology as a means of driving flexibility into our working lives – and how to keep the new wave of kindness at the core of business post Covid-19.

“As tech advances, it will take training and upskilling to ensure we continue to make the most of the benefits it brings.”

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INTERVIEWS

opportunity that most of us are now provided with; to use technology as a means of driving flexibility into our working lives.

MLM: What were the key motivations that influenced you into law – and what was your path to qualifying as solicitor in 2009?

Our clients are having to do it. Our male colleagues are having to do it. We are all having to do it. With that comes a new understanding and, I hope, a wider recognition that success within the legal industry does not require the rigidity of an office bound 9-5.

CC: I qualified with a Bachelor of Law degree from the University of Liverpool in 2005. I went on to complete the Legal Practice Course with Distinction in 2006 and I joined what was then FBC Solicitors the following working day.

I spent about 15 months working in the Commercial Property team as a paralegal before beginning my training contract in September 2007. I qualified in March 2009 and I’ve been with the firm – now FBC Manby Bowdler LLP following a merger in 2008 – ever since. I’m a commercial litigator with a specialism in intellectual property and IT. As of 1 April 2020, I’m an equity partner in the business.

MLM: As a partner yourself, how can more women overcome the significant barriers to career progression and bridge the gap from being 50.2% dominant as practicing solicitors, yet less than 28% of partners (19% in the Top 10 law firms)?

CC: There are some very real challenges facing women in law with regards to balancing their career against starting and looking after a family.

By putting career first, women inevitably put the prospects of starting a family at risk because of the complications which can arise from waiting too long. But putting family first can have an adverse impact on career development. It not only requires periods of time off, but also the need to juggle being a mother and a career woman on your return to work. This can place women at a disadvantage when they seek senior positions and are in direct comparison with male colleagues, who do not face such challenges.

MLM: Who, or what, are the key factors driving change in the legal sector?

“Finding the right firm – one that respects the diversity that women at the top bring and supports them to manage their roles both at and away from the office – is crucial.”

CC: At the end of December 2019, I would have said that a combination of technological advancement and the way that Millennials do business were the two factors having the biggest impact upon the way law firms were thinking of operating.

A lot of what was talked about at management level, at least in my firm, involved how we would make better use of tech to provide access to services and meet the demands of changing generations both from an employee retention perspective and a client perspective.

Across the profession, I think some of the key themes driving business over the coming years are in areas we haven’t quite fully got to grips with yet, such as: • Immediacy of advice and ensuring it is available around the clock because business is online and global • Fairness around delivery in a social responsibility sense – the way law firms ‘make a difference’ is becoming more and more important • Transparency in all respects. We now have a culture that no longer gifts blanket deference to authority. As a result we must get used to accounting for ourselves and our decisions across the board, from equality and diversity to our charging structures.

For women, the result is that the path to the top of the profession is often longer and more arduous. The legal industry hasn’t historically been capable (outside of the biggest players) of providing the flexibility that women have needed to manage this, but the world is changing and, dare I say it, Covid-19 has really forced that upon the profession.

The Covid-19 outbreak has already brought one seismic change of culture to the profession – changing almost overnight the way we work.

Homeworking, agile and flexible working patterns and the need to swap our paperbased industry for new technology has been introduced at a pace we could not have imagined just a couple of months ago.

Finding the right firm – one that respects the diversity that women at the top bring and supports them to manage their roles both at and away from the office – is crucial. Finding a way of working that allows us the space to do it all is an ideal. Somewhere in the middle is the

Having been forced to adopt these practices because of the terrible coronavirus crisis, I think those forward-thinking firms, such as FBC Manby Bowdler, who recognise their inherent advantages will benefit long after Covid-19 is under control.

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INTERVIEWS

intelligent delivery of the business at every level. I’m proud to say that our Millennials play a real part in all that we do.

MLM: If routine, high-volume tasks can be done faster, more accurately and cheaper by new tech – is upskilling/ reskilling staff a waste of time?

MLM: Gaze into your crystal ball – what’s beyond Covid-19?

CC: Technology does not and will not replace people. It’s an old cliché, but true nonetheless: People do business with people.

For all the technological capability FBC Manby Bowdler has – we were able to move our 200-strong workforce from our offices to working from home seamlessly and without disruption to our service to heed Government guidance because of the pandemic – our people continue to be central to the success of our business model.

As tech advances, it will take training and upskilling to ensure we continue to make the most of the benefits it brings. But whatever that technology and however varied the new platforms, our clients will remain people. I cannot see any future in which those clients won’t want – and demand – that their interests are looked after by people they get to know, trust and respect.

MLM: Millennials are bringing new skills, thinking and expectation to the new world of work in the legal space – are law firms taking full advantage?

CC: Perhaps not across the board although the profession certainly seems to recognise the potential in them. But this is another area where we might return to a completely different landscape post Covid-19. I suspect the profession will see that the crisis has made a real space for Millennials to find their voice and influence, and things might never return to how they were just a few weeks ago.

“And, from what I have seen so far, beyond Covid-19 is the chance to keep kindness at the core of business.

I have seen kind words.

I have seen kind offers of support… And I now see ‘stay well’ and ‘be safe’ at the end of every written communication, whoever that communication is between.”

CC: I see opportunities. The opportunity to: • Deliver our services as clients want us to with maximum flexibility • Operate confidently, knowing that our businesses have the resilience to weather even the most difficult storm • Really look after our people and open doors to them that an office-based structure previously kept closed • Maximise profit which, everyone in business knows, is the key to authentically doing all of the above • Connect with our existing networks in a way that we haven’t before and with new networks that were previously beyond our physical reach.

And, from what I have seen so far, beyond Covid-19 is the chance to keep kindness at the core of business. I have seen kind words.

I have seen kind offers of support. I have seen kindness in the care shown to staff and colleagues even when that ‘care’ means making difficult decisions to protect the wider business.

And I now see ‘stay well’ and ‘be safe’ at the end of every written communication, whoever that communication is between.

The benefits of kindness in business are well reported – improved wellbeing, camaraderie and productivity.

Wouldn’t it be something if Covid-19 left that impact? I’ll certainly be playing my part to make sure that it does.

I am also proud to say that at FBC Manby Bowdler we are doing everything we can to develop our Millennials. The core of our Millennial workforce comprises our trainee solicitor group which makes up about 10% of our staff number. I work closely with the firm’s HR Director to manage that group and our focus is to realise their potential.

We do that by training, coaching and having an open door when it comes to their ideas and ambitions. If they want something, can make a business case for it and will be the one to do it, then we will support them. Initiatives our trainees are currently involved with include setting our stellar service standards, influencing the development and retention of our exceptional people and feeding in to the firm’s

Charlotte Clode

is a Partner at FBC Manby Bowdler

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INSIGHT

“Some of the small firms are very good at adopting new technology because they are nimble and can see that it would give them a competitive advantage.”

The effective use of technology within law firms With over 30 years of experience, Head of Profesional Services at Calls9, Paul Smith, helps law firms build sustainable growth plans. Prior to joining Calls9 Paul was the Global Chairman of Eversheds Sutherland where he led on the firm’s global client strategy, winning many well-known accounts.

In this article for Modern Law, he discusses key aspects of technology’s role in the legal sector.

Having left my role at Eversheds Sutherland, and before joining Calls9, I spent a year researching and writing a book titled, “The Real Deal: Law Firm Leadership That Works”, published by Sweet & Maxwell. I was motivated to write the book as I felt there was a general acceptance that the legal process is inefficient and unproductive and that there is a need for a better way to improve the delivery of legal services and to make it more commoditised. I think that commoditisation is inevitable and many lawyers think that what they do is rocket science but much of what they do can be turned into a process.

Take AI, for example, it is really about understanding that this is machine learning and does not replace such legal skills as empathy and experience, but nevertheless much of what law firms and lawyers do, can be improved by the use of technology.

So, should law firms invent their own technology, or buy it? I think that creating it is only for law firms with very deep pockets.

In terms of who makes the decision as to whether to create or buy, it’s essentially down to the law firm leaders, some of whom are not always best placed to understand technological

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INSIGHT

developments and must rely on others for that expertise. However, I think it is important to distinguish between technology which keeps the light on; cyber security and a robust email platform, for example, are equally important as coming up with innovative new products, and clients like to be reassured that the basics will work every day.

Innovation It is also important, when looking at innovation in technology, to distinguish between the technology function in a firm and coming up with new ways of working, which are not always the same thing. Clients are obviously interested in getting results and getting their job done better, faster and cheaper and looking good in the process. They are much MLM: less concerned withXXXXXX the underpinning technology, and as Steve Jobs, founder of Apple, famously once said, “the XX:not XXXX customers do know what they want until we show them”.

The challenge for leaders is to get the right mix of legal and technological skills. They also have to decide whether XXXX to invest in cutting edge technology, XXXX or to sit back to see what transpires elsewhere in the hope they can benefit from other firms’ expensive experiments and purchase their technology once it has become established in the market, with the glitches ironed out and the prices levelled off. Indeed, some leaders hope they will have retired by the time it becomes mainstream, making it someone else’s problem.

Early adopters sometimes got their fingers burnt spending a fortune on technology that failed to deliver on its promise and became obsolete before it

paid back the time and money invested in it. However, familiarity with the concept of first mover advantage instils in leaders a fear of missing out, and that waiting too long may result in their firm becoming uncompetitive.

Machine learning has made huge strides in recent years, especially in relation to the automation of repetitive and routine tasks; the software can process massively more data than humans and with greater accuracy in the mergers and acquisitions field. Due diligence on dealsXXXXX can be very extensive and time consuming with large teams of lawyers reading and summarising thousands of documents in data rooms. Tools such as Luminance and Kira have gone way beyond old fashioned word search and are able to quickly extract information“XXXX” from huge numbers of documents and allow firms to carry out due diligence in a fraction of the time. This assisted document review can automatically extract clauses and other data points from contracts by recognising context rather than just the words. The software looks for patterns and anomalies and the more data it analyses, the more accurate it becomes.

XXXX

Robo-lawyers In the disputes area, the disclosure platforms have been around for a number of years and there are an abundance of tools available for purchase, especially in the U.S., where litigation is more dominant. There is also a growing use of applications such as Lex Machina, which applies analytics to legal judgments to reduce the number of hours spent on case preparation. There’s a good example of this in the book, “The Globotics Upheaval” by Richard Baldwin, who profiles AI technology in California.

“Take AI, for example, it is really about understanding that this is machine learning and does not replace such legal skills as empathy and experience, but nevertheless much of what law firms and lawyers do, can be improved by the use of technology.”

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He states, “At the end of the 20th century, a big pattern dispute would involve three partners (the head honchos of law firms), five associates (the deputy honchos) and four paralegals (the assistants).

That is eight lawyers and half as many skilled assistants. Today, Yoon would be the only partner and he would use only two associates and one paralegal. The legal talent was cut to a quarter of its previous level ... Yoon uses two robolawyer programmes, Lex Machina and Ravel Law, to help him plough through information that suggests the type of legal strategy he should employ. These bits of software can get their mind around huge piles of court decisions and the documents filed on similar cases by the judges and opposing lawyers. Robo-lawyers cannot do it all, but some of the legal talent is being displaced.”

Also, let’s not forget the use of virtual assistants like Siri, Alexa and Windows Cortana. Fenwick and West has its own version, Fenni, which organises meetings, helps with document management and answers frequently asked questions at the firm.

At one level these developments are a great concern to leaders as thousands of billable hours generated by traditional labour intensive tasks disappear. On the plus side, lawyers may look forward to ditching the ‘grunt work’ and dream of being able to devote themselves to the more stimulating aspects of legal practice. Whether there is enough rarefied work to turn this fantasy into reality remains to be seen.

Tech savvy Meanwhile, the pricing of services delivered with the aid of new technology is critical. A rosy view is that firms can maintain their fee quantum by persuading clients that the greater accuracy of their output and speed of delivery justifies the fees. Firms will naturally wish to recoup from clients the heavy cost of their investment in technology, if they can. Clients may push back, expecting reduced hours to translate into lower fees. Without the vagaries of human productivity to contend with, it should at least be easier for firms to predict their

INSIGHT

Paul Smith with Calls9 Founder & CEO, Adam Roney (L)

“In reality, everyone working in the firm, from lawyers to marketing and finance personnel, should look at what they can do in a more efficient and innovative way.” internal cost of completing a matter, enabling them to offer fixed fees on a more reliable basis.

As for how tech savvy is the average law firm, that varies a huge amount and not by reference to the size of the firm.

Some of the small firms are very good at adopting new technology because they are nimble and can see that it would give them a competitive advantage.

Some large firms, like Allan and Overy, are very much on the ball with technology, invest in incubators and encourage their partners to experiment with new technology. Many major law firms, however, over-complicate new technology with committees to approve new investment and proof of concept, by which point the world has moved on.

When it comes to new tech issues that will drive change in the legal sector, I think increasing the client experience is a major factor, because law firms

have tended to operate on a traditional “XXXX” model of serving clients and have not adopted the approach of treating clients as customers. An Amazon approach to delivering services will be increasingly important where law firms acts as institutions and not as a bunch of individuals. That way they can capture data about their clients, understand their buying patterns and get some ‘stickiness’ with the client by using technology. Technology in law firms isn’t just about doing the same old thing but faster and, for example, AI should be about bringing different ways of working rather than simply doing the same things speedier.

Working together Without a doubt, when it comes to bringing new skills, thinking and expectation to the legal sector, Millennials accept, and revel in, new technology in a way that older lawyers don’t. Nevertheless, it is incumbent on

23

all lawyers in a firm to look at how they can utilise technology, be innovative and encourage new ways of working.

One mistake a lot of firms make is to have a Chief Innovation Officer, or a Chief Technology Officer, with the assumption that one person has the answer to all the technology issues. In reality, everyone working in the firm, from lawyers to marketing and finance personnel, should look at what they can do in a more efficient and innovative way. So, for me, innovation and change are very much something that everybody should be encouraged to suggest and often it is the tiny changes which make the difference.

Covid-19 Finally, on the current Covid-19 crisis, I saw on LinkedIn that someone had said, “What has brought about technological change in your organisation, is it the Chief Technology Officer, the CEO or Covid-19?” – and the result was 10% CEO, 10% Chief Technology Officer and 80% Covid-19! Watch this space…

Paul Smith

is Head of Professional Services at Calls9

KEY CONTRIBUTORS

MONEY LAUNDERING – KNOWING THE RISKS WILL REAP REWARDS While the country has rightly focused on health issues over recent months, there is still a need to be aware that criminals and fraudsters are trying to take advantage of disruption caused by the pandemic.

S

o, while the lockdown and continuing threat of coronavirus grabbed our attention, we cannot take our eye off the ball when it comes to priority risks such as money laundering. It has been heartening to know that many solicitors have approached us for advice about due diligence when observing social distancing.

“Crises bring out the best and the worst in society, and unfortunately we are already seeing criminals trying to capitalise on the coronavirus pandemic.”

Money laundering is not of course a victimless crime and is a vital component of any organised criminal gang, whether it’s dealing in drugs at a local level or large-scale international operations, such as people trafficking.

This isn’t the time to be complacent, and criminals might be trying to take advantage of the widespread disruption to try to disguise illegitimate transactions.

If you have queries on what to do if your client cannot come into your office or you are homeworking, then go to our website for further advice. If you are experiencing other difficulties in complying with the money laundering regulations please let us know, as we are constantly reviewing and updating our guidance online.

Staying vigilant None of us want to think that a client – whether new or established – is a money launderer or terrorist. But complacency can be the biggest enemy to the legal sector’s work to keep criminals from misusing professional services. That is why our focus is about making sure firms know about and mitigate against their risks.

We know that the majority of solicitors just want to do the right thing and would be horrified to discover that they had unwittingly helped launder the proceeds of crime. But solicitor firms remain attractive to criminals and terrorists because they routinely handle large amounts of money, with the client often using them just once.

We will take action against those solicitors that fail to take their responsibilities

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KEY CONTRIBUTORS

Case study 1 From the launch of the Money Laundering Regulations in June 2017 to October 2019, Firm A failed to ensure relevant members of staff were given regular training on how to recognise and deal with potential money laundering attempts. The SRA first asked the firm in November 2018 if employees had been given relevant training. Firm A said that its AML programme had been reviewed and that training would be completed, but by the end of 2018, only two thirds of relevant employees had been appropriately trained. The remaining third were trained by October 2019.

Firm A accepted its failure to train all staff was a failure to comply with the 2017 regulations, and therefore was a breach of the SRA’s rules. It was rebuked and ordered to pay the SRA’s costs of £1,350, acknowledging that there is a risk to the public interest if staff are not adequately trained to be able to detect and prevent money laundering.

Case study 2 Solicitor B, a partner in Firm C, was instructed to act in a house purchase of £3.2 million where £1.6 million of the completion funds were being gifted by a relative. This relative lived in south east Asia, however Solicitor B carried out no due diligence on the relative. The funds came through a trust, but Solicitor B did not verify who the ultimate beneficial owner of the trust was. Solicitor B also failed Firm C’s internal money laundering form, its property fraud questionnaire, or give responses to a risk scoring system that would have indicated high risk and further investigation.

Other breaches of the 2017 Money Laundering Regulations and the UK Finance Mortgage Lenders’ Handbook – among others – were committed.

The client was also a solicitor and a partner in a leading international firm, which was why Solicitor B did not carry out any further checks on the source of funds. Solicitor B was fined £2,000 and ordered to pay the SRA’s investigation costs of £600.

seriously. In the last 12 months we have prosecuted 15 cases at the Solicitors Disciplinary Tribunal, resulting in eight strike offs, a six-month suspension, and £110,000 of fines being issued.

out an essential piece of information and a further 40 sent us in a document that wasn’t a risk assessment at all, instead sending documents such as a training manual.

We have also taken action recently against firms and individuals for failures in their anti-money laundering processes. A firm was rebuked and had to pay our investigation costs of £1,350, (See Case Study 1), after it admitted it had failed to raise awareness of money laundering to a third of its staff in formal training, despite the fact that we prompted them to do so on a regular basis. And a solicitor was fined £2,000, (See Case Study 2), for failing to carry out any due diligence in a £3.2 million house sale when a relative in South Asia was apparently gifting a significant share of the purchase price.

Our review also discovered a number of firms were using templates, but they were of questionable quality. Firms were “cutting and pasting” from the specimen text, rather than carrying out genuine appraisals of where they might be vulnerable to moneylaundering attacks.

Know your risks These cases show it is essential for every firm to have a thorough money laundering risk assessment, as required by the anti-money laundering legislation. It allows you to know where your risk of money laundering lies and target your resources accordingly.

Knowing your risk is the first step in putting in place policies, procedures and controls to mitigate it.

We have done a lot of work in the important area of risk assessments in the last 12 months. In March, we revealed that a wider survey of 59 firms, about all money laundering issues, found that 40 per cent had assessments that did not come up to scratch. We referred 26 of the 59 into our disciplinary process on the back of our findings. On the back of this, we called in 400 firms’ risk assessments and found that one in five did not meet the requirements set out in the money laundering regulations. We found that 43 firms had a risk assessment that missed

“In March, we revealed that a wider survey of 59 firms, about all money laundering issues, found that 40 per cent had assessments that did not come up to scratch.”

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Off the back of this work, we published a suite of information to help firms assess their money laundering risk and comply with the regulations. We published a piece of guidance, a template and a checklist that would guide a firm through completing or updating a risk assessment. The guidance included advice on the difference between a matter assessment and a firm assessment.

We also reissued a warning notice, highlighting the non-compliance we had seen.

Not all firms getting the message Over the turn of the year, we asked all firms that were captured by the 2017 Money Laundering Regulations to declare that they had a risk assessment in place.

We gave them seven weeks to make this declaration, and reminded them of the guidance published in October.

Even with all this support, a significant number told us that while they were still captured by the regulations, they did not have an assessment in place. Failing to have an assessment in place does not just constitute potential professional misconduct, it’s a failure to uphold the law, a law which has been in place for nearly three years. We will be following up with all those firms. And we are also calling in a sample of firms’ risk assessments each month.

Crises bring out the best and the worst in society, and unfortunately we are already seeing criminals trying to capitalise on the coronavirus pandemic. So don’t find yourself with an additional problem - stay vigilant to the risk that criminals might try to use your firm to launder money.

Colette Best

is SRA Director, Anti-Money Laundering

KEY CONTRIBUTORS

LAWTECH, REGULATION AND PROTECTING Six in 10 adults in England and Wales experienced a legal problem in the last four years, including 53% who faced a contentious problem. However, estimates from our published individual legal needs survey show that a third of those who had a contentious legal problem which was resolved either did not get help, wanted more help, or their issue took longer than two years to resolve.

T

he ethical use of technology could play a significant role in increasing access to legal services. However, while there are undoubtedly exciting examples of using technology to expand the reach of legal services and change traditional models, they are still confined to the margins, and the mainstream is otherwise very slow to adapt. Whether for cultural, competitive, or economic reasons, the sector lags behind the financial services sector, where apps, chatbots and interactive websites are increasingly being used by consumers.

“However, Covid-19 is forcing the legal sector to embrace digitisation to keep businesses running and the wheels of justice turning.”

Covid-19 However, Covid-19 is forcing the legal sector to embrace digitisation to keep businesses running and the wheels of justice turning. From the electronic signing of documents to virtual court hearings, the virus is dragging the legal system into the future, and the role that technology can play in reshaping legal services to meet the needs of society is becoming increasingly clear.

However, an organisation’s IT strategy should not be driven by a crisis. It’s important that organisations have a planned and considered approach to technology to ensure it meets the needs of consumers. And the systems that are put in place should be underpinned by effective regulation.

Our research shows that levels of use of potentially transformative technologies such as cryptocurrencies and artificial intelligence are low across the legal sector.

For example, only 2% of legal services providers are using blockchain and only 5% have made, or plan to make, partnerships with or investments in lawtech firms.

As part of our work on technology and regulation, we plan to support regulators by setting up an expert reference group

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KEY CONTRIBUTORS “As part of our work on technology and regulation, we plan to support regulators by setting up an expert reference group to share knowledge, consider issues, and act as a route for partners to engage with the legal regulators collectively.” to share knowledge, consider issues, and act as a route for partners to engage with the legal regulators collectively.

This group will involve technology experts and practitioners from outside of the regulatory bodies, as well as representatives from the regulators.

Essays on legal technology We have also published a compendium of essays on legal technology by 11 individuals and organisations, including a judge, a national barristers’ chambers, tech firms and regulators. The articles cover topics ranging from artificial intelligence and cryptocurrency, to considering whether the current regulatory framework effectively supports the development of consumercentric lawtech.

The publication includes several thoughtprovoking views and perspectives. We are still developing our policy response; however, some common themes have started to emerge.

Firstly, there is need for regulatory clarity to ensure that outcomes work for everyone, including consumers, service providers and regulators.

Second, it is vital that the regulation of lawtech is carefully designed to ensure that it protects consumers without stifling innovation.

Not just a buzzword Finally, the emergence of AI is clear.

It is no longer just a buzzword and it is exciting to consider how it may be combined with human intervention to best facilitate the decision-making process. This combination will be key.

Indeed, the careful consideration of the role of humans in lawtech is essential.

“Computers and machines cannot be left to make decisions or to interact with consumers.

Our legal system must not become faceless.”

Computers and machines cannot be left to make decisions or to interact with consumers. Our legal system must not become faceless. People often need legal services when they are at their most vulnerable – following the end of a relationship, after experiencing a bereavement, or having been a victim of crime, for example.

So, humanity will be key. Human interaction is also vital to ensure that no one is discriminated against or left behind by advances in technology.

Technology by itself is not the silver bullet to making the justice system and legal services market more accessible.

People and regulation still have a role to play, and although we will do what we can to remove any barriers to innovation that benefits consumers, we will continue to stand between consumers and potential harm.

David Fowlis

is Regulatory Policy Manager at the Legal Services Board

Let us worry about what’s beneath the surface • • • • • • • • • •

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Gregor Angus Senior Business Development Manager E: Gregor.Angus@thecashroom.co.uk T: 07875 598 593 @TheCashroomLtd www.thecashroom.co.uk

2019

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EDITORIAL BOARD

Kevin Johnson

Dave Seager

is Specialist Consultant at Index PI

is Managing Director at SIFA Professional

Financial planning referees

Tech and an evolving property market The pace of technological change is exponential and few of us can comprehend the relevance of this.

Futurist Ray Kurzweil wrote way back in 2001, “We won’t experience 100 years of progress in the 21st century – it will be more like 20,000 years of progress”.

We have already witnessed advances in a suite of enabling technologies ranging from computing power to data storage, to the scale and performance of the Internet – his were prophetic words indeed.

2020 ushers in a new three-year cycle for the SRA in its continued endeavours to be a front foot regulator and as such ‘technology’ is central to its regulatory themes. The SRA has recognised that key to improving solicitor services and client outcomes is technology and it aims to ensure that it is cognisant of this as law firms play catch-up to other professions in embracing the scope of technology.

From the SRA Consultation, that ran from October to January, it is clear the SRA is aware that they and their firms can benefit from the experiences of and interaction with other professions and strategic partners, as they encourage the adoption and use of new technology.

But what does this mean for the world of law? Index Property Information is deeply embedded in the sphere of property conveyancing and, focusing on this discipline, the nature and pace of change and adaptation to this change, presents a very mixed landscape. Centuries of tradition are difficult for many to break with and the property industry has been slow to adapt.

“Legal services underpin economic and social transactions of all different kinds spanning different sectors and regulatory jurisdictions. And with innovation and technology increasingly cutting across traditional boundaries, working with partners will be essential for regulation to be effective and consistent.”

But we are a complex species and we make our buying decisions based on emotion as much as we do on intelligence and common sense. This means that there will continue to be as much personal interaction, input and understanding in conveyancing practices as there will be technological capability and output. Inevitably, early adopters are reaping benefits at the expense of those mired in the past but as every transaction is unique, with the demands of people at the core of consideration, technology is unlikely to ever produce a utopian solution.

It seems obvious therefore that the SRA will be keen to learn from the FCA’s work in this arena and in turn solicitors also benefit from discussions with their financial advisory partners, who might be further along the journey of using technology to enhance client services.

Financial planning as a profession has needed efficient back office and contact management systems for some time.

More since the Retail Distribution Review placed heavy and justifiable onus on ongoing service, investment review and the monitoring of the financial plan, over the initial advice.

Using technology to reconcile fees, issue updates and portfolio reviews, ensure regular meetings and generally offer a professional ongoing service, is what turns customers into loyal clients who value the relationship.

Another truism though is that the conveyancing process is slow and cumbersome and demands for change come from every quarter. Properties can be found online and virtual tours have progressed putting the prospective buyer at the heart of the home but many of the legal processes remain paper-based and protracted. In many respects, there has to be a complete re-design of what a changing market needs.

In all aspects though, the client has to remain central to process design and change; how will technology benefit the customer? Will change improve service, reduce costs and also benefit staff and the business? Modernisation and change can’t just happen for the sake of it, there has to be a meaningful benefit and a positive outcome.

In addition, financial advisory businesses have embraced the need for secure client communications in this world full of cyber-crime threats and post-GDPR, and such portals can be highly useful when professionals need to refer clients to each other for complimentary financial or legal advice.

Financial planners will also use cash-flow modelling technology to ensure their clients stay on track for their goals, whether it be having sufficient funds to provide an income in retirement or more short-term needs. There will be many areas where solicitor clients could benefit from such technology, none more so than in the divorce or separation process.

In conclusion, many things that society now takes for granted would have seemed like futuristic nonsense just a few decades ago. Internet search across billions of pages, images and videos; ubiquitous smartphones; real-time monitoring of everything from the state of the planet to our heartbeats, sleep and steps; and drones and satellites the size of shoeboxes roaming the skies. Who knows, maybe one day even our antiquated legal conveyancing process will catch up!

So, as you consider what technology you adopt to enhance your client proposition, you might consider a conversation with your trusted financial planning referees, who might just be able to give you advice and also have already adopted technology that might benefit mutual clients.

“Modernisation and change can’t just happen for the sake of it, there has to be a meaningful benefit and a positive outcome.”

29

EDITORIAL BOARD

Adam Bullion

John Dobson

is General Manager of Marketing at InfoTrack

is Chief Executive at SmartSearch

Legal Tech: Bridging the divide between firms

Making life easier for lawyers, not harder

Legal technology has changed immensely over the last decade. It has been a key development in shaping how the industry is operating and while uptake has initially been slower than in other sectors, firms are now shifting the way they interact with the digital realm.

The pace of technological change has certainly been rapid in recent years. It won’t cause any great surprise that, as CEO of a tech provider, I am quite happy with that. I would contend, however, that it ought to be a boon for everyone.

Seeing the power in employing legal technology that enhances operations in firms has been instrumental in the growth of firms as our world continues to become increasingly more digitised. While it was once a privilege that was attributed to larger firms who could afford large scale investments in in-house or outsourced technology, the increase of tech suppliers in the market has made legal technology more accessible for firms of all sizes.

Technology exists to serve its users, not vice versa. If technology is sucking up more time than it saves, and making everyday tasks more difficult, it’s not very good technology. You wouldn’t buy a washing machine or tumble dryer that was so hard to operate that it made you long for the old days of the mangle.

So why invest in unfathomable technology in the workplace?

Anti-money-laundering (AML) is a case in point. Many practices persist with manual, document-based processes that can be extremely time-consuming. Relying on these methods also leaves firms wide open to potential fraud, as it has never been easier for criminals to produce forged or falsified documents.

For some years, the only available software were case management systems, which required an in-depth installation process and had limited integration options unless bespoke services were built. A shift has taken place as more of these systems move to cloud-based systems giving greater accessibility to firms of all sizes and easy setup allows solicitors to hit the ground running. A luxury that was once limited by the size of a firm has now dissipated as small firms and sole traders gain access to the same legal technology solutions as the big players.

In the wake of the current coronavirus outbreak, clients cannot present documents in person and they cannot be sent safely through the post. Even if clients are content to send personal data to a home address, do remote-working staff have the facilities to process them? I would go so far as to say that Covid-19 will lead to the demise of document-based ID checks.

The gap between access to technology for small and large firms has also decreased as new suppliers look for ways to resolve efficiency deficits that are often dictated by administrative heavy tasks. By enabling firms of any size to access technology that takes care of the admin, solicitors are now able to focus on the work they studied to conduct.

But if firms are to continue serving clients and taking on new business, they need to be sure they are performing due diligence. The SRA will not just shrug its shoulders and accept coronavirus as an excuse for lax AML processes.

Electronic verification (EV) eliminates all these issues, giving results in a matter of seconds, with nothing more than a name, address and date of birth. As well as fast, accurate ID verification, it can also conduct full screening against global Sanctions and Politically Exposed Persons (PEP), Special Interest Persons (SIP) and Relative and Close Associates (RCA) lists. If there is a match, it will automatically trigger Enhanced Due Diligence. And everything can be done remotely, regardless of where the user and client are.

Further bridging the divide is an increase in suppliers offering pay-for-what-you-use models, increasing the opportunity for smaller firms to access great technology that aligns their operations to consumer expectations around service and technology. Increased access through affordability is also aided by new technology on the market that offers client portals and improved access to services that connect the law firm directly to the customer, keeping them updated throughout every step of the process.

As with all technologies, if a system is well-designed, easy to use, and backed up by top-class customer service, there should be no need for significant training resources.

Technology has been a huge aid in reducing the divide between small and large firms by providing access to the same technology regardless of their size. No longer do firms need to make huge investments for bespoke tech. Whether sole trader or large corporate legal firms, ever-improving access to cutting edge legal technology is bringing the entire industry forward in the digital era.

If you have taken the time and expense to qualify as a lawyer, then that should be where you focus your attention. Ongoing training and development are important in all professions, but it shouldn’t be spent learning how to use new technology.

That isn’t what clients are paying for.

“Technology has been a huge aid in reducing the divide between small and large firms by providing access to the same technology regardless of their size.”

“I would go so far as to say that Covid-19 will lead to the demise of document-based ID checks.”

31

EDITORIAL BOARD

is Marketing Director at DocsCorp

Robyn Weatherley is Head of Marketing at Thirdfort

Tech – doing the heavy lifting

Stand out from the crowd

Giving lawyers productivity tools without the necessary training will not lead to productivity gains.

The rise of ‘Legal Technology’ is changing the way law is practised. Document automation and legal research tools are helping larger firms improve efficiencies in order to adapt to a progressively popular agile working environment, while also offering smaller firms powerful tools to compete with leading names.

Melody Easton

Lawyers did not spend years earning a degree to work on routine, paper-intensive tasks for hours at a time. These professionals are highly skilled and deliver essential services to clients when they are in times of difficulty or stress.

So, if technology can handle tasks as routine as applying Bates Numbering to a set of documents, or finding changes between two versions of a contract and do it better – why wouldn’t firms take advantage of that? Legal software was designed to do the heavy lifting to improve turnaround times and accuracy for clients and to free up the lawyer’s time so they can add value elsewhere.

A consequence of these developments is a change in the skills these firms are looking for in their future workforce. Having spent seven years in a law firm and three running a legal tech programme, I have seen the profile of incoming trainees change from straight A academics from predominantly humanities backgrounds to those with a personal and professional interest in technology and even (shock!) science degrees.

However, firms can’t just buy these applications and consider the job done. Staff must have the proper training and technical skills to use the software correctly to benefit. Training is especially important if your firm switches to another application to improve productivity. Take document comparison software, for example. Many firms are moving away from redline workflows to comparison reports that are marked up with Track Changes. This enables the lawyer to produce the final document much faster. If your IT department deploys an application that produces reports with Track Changes but doesn’t explain to users a) the benefits and b) how to actually use and extract value from these reports, chances are staff will stick with what they know and use redlines. This undermines any return on investment in terms of productivity gains.

But aside from understanding what computational thinking and neural networks are (I’ve lost count of the number of times I’ve been asked “but does a lawyer need to be able to code?”*) what are the intangible behaviours trainees can display to make a big difference?

1. Question the status quo – I’m not saying to turn up on day one and refuse to touch a paper file. But if you are asked to do a repetitive, manual task which you think can be done more efficiently, research solutions and suggest a different approach to your supervisor.

Fact gather pricing, efficiency gains and integration requirements beforehand and see if there are any free trial periods the firm can take advantage of.

2. Be part of the change – people always grumble about ways of working but when target hours are looming, any work that isn’t billable can fall by the wayside (note: law firms can be doing more here to encourage flexibility!).

Despite this, trainees who do take an interest in legal tech should get involved in initiatives, no matter how small. Putting your hand up goes a long way and shows that you are vested in the firm’s future (which should please the partners!!).

3. Humans are still important! – is the role of the lawyer in jeopardy? Will the robots take over? No! Don’t lose sight of why you wanted to become a lawyer. Humans are still needed to: 1) drive the machines; and 2) form relationships with clients and do the creative thinking.

Practising law is still an art which a computer cannot replace. Don’t forget that.

How can firms deliver the training users need? It depends.

Fortunately, there are many ways to get the information out there (which is especially great now that a lot of users are working remotely). Large firms may prefer to bring in personnel from the software vendor to run an in-person training seminar with their power users. Smaller firms may find eLearning or WebEx tutorials a more cost-effective option. Software vendors should, at a minimum, provide comprehensive user guides. These can be used by in-house product trainers or IT departments to build their own training resources – such as firm-specific workflow tutorials posted to the firm’s intranet.

Don’t think the job is done once the initial training is complete – training for new features or changing workflows in the business should continue for the life of the application.

Tech-savvy lawyers are the future. Ensure they can maximise efficiency with not only access to the right tools but also the technical know-how needed to use them.

While the ’tech talk’ can be overwhelming, these practical skills should help even the least tech-savvy future lawyer stand out amongst peers.

“Legal software was designed to do the heavy lifting to improve turnaround times and accuracy for clients and to free up the lawyer’s time so they can add value elsewhere.”

*The answer is no!

“Putting your hand up goes a long way and shows that you are vested in the firm’s future (which should please the partners!!).”

33

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EDITORIAL BOARD

Aidan Hawes

John Espley

is Head of Commercial Development at vLex Justis

is CEO at LEAP UK

Handing back time to the lawyer

Working from home advice for legal practices To help support you during these challenging times, I would like to share some advice with you from my own experience over the last few weeks. This advice, I hope, will go some way in preparing your staff to maintain business continuity through the Covid-19 crisis and beyond.

The legal sector is full of time-consuming datadriven tasks. Whether reviewing a complex contract, researching and collating bundles of authorities, or digesting a collection of internal data; delegated to junior fee earners or not, these time-consuming tasks are inevitably expensive to undertake.

Make sure your staff have the following when working from home: • Hardware – Do they have access to the same equipment they would use in the office? Do they have a desktop computer, laptop, iPad or smartphone that they can rely on?

• Software – Do they have the required software installed across their devices? Make sure your team either has installed (or has the capability to install) software such as Microsoft Office and Adobe Acrobat Reader • Connectivity – Do your staff have reliable internet connections and mobile reception? If they don’t, consider alternative communication methods such as Microsoft Teams.

However, these undertakings and activities need to be carried out because they are essential to the day-to-day operation of many firms.

The increasing adoption of legal technology is transforming routine tasks, minimising human interaction in the elements of a process which do not require the critical thinking skills of a legally trained professional. Instead, technology can perform large parts of the work, allowing lawyers to spend less time doing the more menial, time-consuming aspects of the work, and instead focusing on using their expertise on the detailed tasks that enable them to provide real value to their firms, and ultimately their clients.

If you use cloud-based software, it can be accessed from any supported device that it is installed on. It is important to remember that software may require certain minimum system requirements in order for you to utilise the cloud-based features. These requirements include a minimum internet speed, available RAM and specific versions of Office 365.

Legal research was once a slow, paper-based exercise that was made significantly more efficient with the emergence of online databases, enabling document discovery and delivery without the need to pore over numerous volumes of law reports.

Once you know your staff have all the necessary tools to enable them to work from home, it is important to ensure they are working in an appropriate environment where possible. Regular communication boosts team morale and making time for a ‘team chat’ and less formal video meetings helps to keep everybody in the loop and feel like valued members of the firm.

This efficiency has been further increased with the latest generation of legal research platforms, such as vLex Justis, a database of over 130 million legal documents, which contains suites of sophisticated tools using AI to highlight related material beyond simple lists of citing & cited cases, and aid legal professionals in the analytical work they need to undertake.

Maintaining client focus is also key. With cloud technology, you can maintain client service while working from home.

In fact, you may find that you become more accessible to clients as your travel and commuting times will be reduced.

There are tools for most situations, including powerful electronic signature technology that allow you to securely request and send signatures and share and collaborate on documents with your clients.

At this point in time, these tools are not just the preserve of large law firms. The efficiency they offer can provide a transformative effect on small and medium firms.

While large firms may have the benefit of having increased resources to develop their own legal technology solutions, vendors such as vLex Justis, and others across the sector, offer competitive and scalable pricing so that those smaller firms can also benefit from efficiencies which may allow them to undertake more work, and remain agile in a competitive marketplace.

If your firm adopts a work from home policy, it may be worth contacting clients directly to advise them of any changes to your business arrangements and the way that you maintain communication with them. Your clients will appreciate this and your continued service.

“The increasing adoption of legal technology is transforming routine tasks, minimising human interaction in the elements of a process which do not require the critical thinking skills of a legally trained professional.”

Good luck and stay safe.

“With cloud technology, you can maintain client service while working from home. In fact, you may find that you become more accessible to clients as your travel and commuting times will be reduced.”

35

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Case closed.

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EDITORIAL BOARD

Alan J Smith FCIM

Paul Albone

and authorised HCEO at High Court Enforcement Group Limited

is Chief Operating Officer at tmgroup

Tech in the enforcement industry

AI, disruption and law firm evolution

Technology is vital to all businesses, and enforcement is no different. With Covid-19, enforcement technology is really coming to the fore.

Will the independence of the law be compromised by advances in technology – AI particularly? How have law firms adapted to disruption and new technologies, and what about the inevitable changes to come? And should law firms be run by senior lawyers and non-legal experts?

Whilst enforcement agent visits are our cornerstone, they are not the only route to obtain payment. Phone calls have a place, but we can now do so much more, with integrated communications systems that combine voice, SMS and web forms to engage with debtors.

Artificial intelligence AI is just the latest step in levels of automation that can be applied to many industries and it is most easily achieved where you have structured data that can be easily interpreted.

It does not remove any independence but should be considered a tool which creates higher levels of efficiency, specifically around repetitive tasks. The output of an AI engine will be a set of decisions and recommendations of logical next steps – thus allowing the law firm personnel to concentrate on the value-added interpretation of the results and follow up activities.

This allows them to choose how they want to engage – perhaps live chat, which might start with a bot and then escalate to a live agent, or SMS and webforms. Whichever they choose, each contact is fully personalised.

This is a very low cost and environmentally friendly way to maintain debtor contact, particularly for payment arrangements, as we can send an automatic message if a payment is overdue.

It’s all about gentle nudges to encourage certain behaviours.

Adapting to change Technology can often be seen as a disruptor to businesses and it takes a particular mindset to turn this on its head and consider it as an enabler. Never has this been truer than in recent weeks where the level of change that businesses have had to adopt to facilitate remote working has probably been at a pace never seen before across any industry. Historically, even I have been somewhat sceptical on the quality of video conferencing, the ‘feel’ you get for a meeting and the productivity that can be achieved from whole teams remote working. I suspect that what we will find after this period of disruption is that some ways of working will never revert to how they were. The rate of change due to Covid-19 will probably never be seen again. Whole businesses needed to realise not only how good – or often bad – their BCP plans were, but come up with new solutions that even the most robust BCP plans did not cater for. From my own perspective, we had very good BCP provisioning with a Head Office DR suite 30 miles from HQ. But when you can move 30 people from one location to another, and have to move 150 people to 150 locations, it certainly accelerates some IT plans and thinking. In our case it was implementing a VOIP phone system from scratch within 36 hours.

We also find it is important to provide easy ways for debtors to pay. This can include options such as mobile phone apps that allow the debtor to see what they owe, whether they are upto-date with repayments and the ability to pay from the app.

Our app also allows debtors to add other cases that we are managing, so they can obtain a single view of their debts.

For solicitors and creditors, client portals provide case history and progress, as well as the ability to upload documents or evidence to assist the enforcement. At HCE Group, some of our legal clients take a direct feed from our portal straight into their case management system.

For enforcement companies, technology allows for the efficient management of processes, such as paperwork and correspondence, fuel and time efficient allocation of enforcement agents to cases, and reporting.

Our Remote Bailiff app lets our enforcement agents print all the paperwork the night before, plan their route for the day, log all activity during the visit and take photos and video to inventories and evidence and dictate visit reports.

Tracing software has also become more sophisticated at locating debtors and absconded tenants, assisted by social media and the broader digital footprint we all create these days.

Not just lawyers As businesses and the technology used evolve, the types of job roles have to also evolve. Many law firms do now have Business Managers, IT Directors and other job titles that form part of the management teams and of course they have the right to be there. As the technology evolves new roles in that sphere are also created – only a few weeks ago I was discussing with someone the role of a Data Scientist within a property technology company – now that wasn’t even a thing a short while ago.

Finally, technology can support training and development via platforms such as Moodle which we use to deliver some of our level 2 and 3 qualifications.

With the increased adoption of artificial intelligence, the world of enforcement is set for an exciting evolution.

“For solicitors and creditors, client portals provide case history and progress, as well as the ability to upload documents or evidence to assist the enforcement.”

“As businesses and the technology used evolve, the types of job roles have to also evolve.”

37

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EDITORIAL BOARD

Kingsley Hayes

Sarah Fancourt

is Managing Director at Hayes Connor Solicitors

is Director of Customer Success at poweredbypie

Closing the gap

Easier for the experts

The development and utilisation of technology within the legal sector has certainly enabled smaller practices to compete with larger firms – closing the gap.

With law firms being disrupted by technology, compliance and political issues, is it easier or harder now to do business? And should law firms today not just be run by senior lawyers but also by software specialists, finance and marketing experts?

Hayes Connor is a small, but growing, practice currently with one office, however, technology has enabled the firm to gain thousands of new instructions from clients based across England and Wales since its launch five years ago.

Easier or harder Originally, lawyers needed to write to individual data providers and manage the process of obtaining search information themselves. Searches came back by snail-mail! As data is now more accessible, this has created an increase in the potential risks conveyancers needs to consider and therefore the range of associated searches available. It wasn’t that long ago when law firms started to access one-stop shops like poweredbypie and PSG for searches. In fact, PSG was one of the first search companies, we are now in our 23rd year!

For many clients, the ease and convenience of gaining advice and starting the legal process online means that there is less of a drive to have multiple physical office locations. The national client base at Hayes Connor is testament to this with the vast majority of new enquiries and claims starting via our website and other digital platforms.

Delivering an excellent client experience is at the heart of all that we do. Much of the team’s work is delivered digitally and this has been key to streamlining and speeding up the data breach claims process as we move towards being a completely paperless office.

It’s all a lot faster now! We’ve moved from paper to online and these days our searches can be ordered with a couple of clicks and delivered straight into a law firm’s case management system prepopulating the file which saves re-keying of information.

Today’s legal client’s needs have arguably changed because of technology with cost effective, convenient and quality advice and solutions sought. The firms who will successfully compete and thrive are those who are continually looking at how new tech can be integrated into their working practices.

Although processes have become faster, law firms are under more pressure from lenders and regulators these days. Fraud is a big concern and so if we can take care of sorting certain elements of the transaction such as the quotes, searches, or now even secure document exchange, legal staff can focus on the more complex legal aspects of the case. In this way, our goal is to support firms so they can concentrate on providing their best legal services and technology is an enabler.

Investing in new technology alone is not enough. Ensuring that all staff are regularly trained, and supported, with the use of technology is essential if businesses want to reap the rewards.

Utilising technology means that we can offer staff agile working with the flexibility benefiting both employees and clients alike. Continuing business as usual during the coronavirus pandemic would have been impossible if we didn’t already have the IT systems in place.

Run by experts Customers rely on the knowledge and expertise of law firms as experts in the field of law. Similarly, our clients rely on our search experience and our technical solutions. We each play to our strengths for the benefit of our customers. Therefore, law firms should be run by experts in law, just as technology companies should be run by IT experts.

The use of analytics to better understand our clients and prospects is an essential benefit delivered by tech. Marketing campaigns and client communications can be targeted more accurately as a result of analytics driven data.

However, for IT firms to be able to help legal firms offer an even better service, and by this, I mean smoother transactions, more efficient processes, better, faster and more secure communication through the use of technology, they also need to have a background in the legal industry. poweredbypie’s experience and understanding of legal processes is the backbone of the success of our practical technological solutions for law firms. We work hand-in hand with legal firms so they can automate more processes and so in this way, they can better focus on the complexities of the legal transaction.

While adopting new technologies to better meet client needs and gain competitive advantage is essential in the modern age, technology alone will not close the gap between small firms and larger practices.

Delivering personable advice, regular client updates and a fair and transparent service, should remain at the core of any firm’s culture and ethos.

“While adopting new technologies to better meet client needs and gain competitive advantage is essential in the modern age, technology alone will not close the gap between small firms and larger practices.”

In the future, technology will certainly unlock further areas of efficiency. However, law firms need to partner with specialist IT experts in their field. Organisations that understand legal processes will be the most successful at solving workflow challenges to speed up transactions, as we all inevitably rely on more and more digital processes in the future.

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11/27/19 12:10 PM

EDITORIAL BOARD

Grant Yuill

Alex Williams

is Head of Marketing & Customer Engagement at Denovo

is P4W Product Manager at Tikit

Is the cloud the silver lining?

Easier or harder to do business?

Covid-19 has changed everything. I think it’s safe to say that remote working and distance communications may be the tip of the iceberg for how legal services could be delivered going forward. In this time of ‘lockdown’, thanks to cloud-based technology many firms are able to continue offering uninterrupted services to their clients. For those who embraced cloud-based technology, disruption to the delivery of their services has been minimal. For others the race is on to find the right cloud technology for their business.

Law firms have had to respond to many significant changes over the past few years. From consumer’s demanding more modern technology, to updates in the standards of compliance (like the SRA Standards and Regulations) and even Brexit or the U.S. election; these issues cannot be ignored and have brought certain challenges along with them.

So is it easier to do business these days? There’s no doubt that along with these challenges has come opportunity. For example, consumer’s wanting modern technology is a great chance for a firm to update its current systems and make efficiency gains, as well as provide an agile working culture.

Working in the cloud, digital dictation, automation and templates are all examples of technology firms can harness.

In turn, they can pass on lower fees, more flexibility and increased transparency to their clients.

Reaching for the cloud The cloud offers the flexibility demanded by these rapidly changing and uncertain times. One of our larger partners switched to remote working. Most of them would have normally only worked in the office beforehand. Within 24 hours, their entire team switched and are now working efficiently from home, thanks to the cloud-based tech they had in place.

Powerful new technology also brings increased productivity.

It allows smaller firms to compete with larger players; with this tech sort of levelling the playing field. On the flip side however, many of these smaller firms may find it hard to adapt, due to financial or human resources, and could in turn be left behind as a result of these digital disrupters. There will also be the firms who are reluctant to change their traditional working practices because with innovation, inevitably, comes a degree of risk and perhaps failure.

What we’ve seen over the past week or so is that firms who aren’t already on the cloud are feeling a bit left behind in terms of being able to continue to operate well – if at all in very challenging times.

Having the ability to work remotely and securely in a crisis is just one of the many benefits of using cloud computing software in your law firm. If your firm is working from an in-house server, no doubt the recent Covid-19 pandemic has got you thinking about changing how you store your business data? If so, keep reading as we aim to outline some of the key benefits of doing exactly that.

There is a tendency for lawyers to pick holes in new strategies because they are naturally risk adverse. New technology or new ways of working will push them out of their comfort zones. If something is 80% effective, there will usually be a focus on the 20% that didn’t work, making it harder to do business.

The benefits of the cloud Good cloud-based software gives you so many benefits and advantages. It allows you to manage your contacts, track and analyse your firm’s data, and stay on top of your firm’s day-to-day business. Putting you more in control than ever before. Time wasted on administrative tasks can be reduced by using law practice management software, allowing law firms to run more efficiently. In other words, cloud-based computing makes it easy for lawyers to automate their firms and reduce inefficient, redundant processes.

A firm can essentially decide how they allow digital disruption to affect them. There will be both positives and negatives brought by these changes, but overall I think we can all agree that this is an exciting time for the legal market and businesses should try to take all the new opportunities that are available.

Access to your system whenever you want it is now critical. So, for example, lawyers can easily assign and manage tasks, track deadlines, and securely communicate and share information with clients, including court dates, legal documents, and case updates simply by using cloud-based software. Simply put, web-based access makes it easy for you to work effectively and efficiently from anywhere at any time. You can create and store legal documents, share invoices and more using any internetenabled device. The benefits are many, and cloud computing software like Denovo’s whole practice management software solution, CaseLoad, is a tool that can make it all possible.

“Powerful new technology also brings increased productivity. It allows smaller firms to compete with larger players; with this tech sort of levelling the playing field.”

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EDITORIAL BOARD

Robert Kelly

Bernadette Bennett

is Commercial Business Development Manager at Stewart Title

is Commercial Manager, Legal at Moneypenny

Work issues – not always tech-based

Changing perception with a level playing field

Sometimes in the new world of work, it isn’t always the tech-based aspects that are important. In the recent case of Beaumont Business Centres Limited v Florala Properties Limited (Beaumont Business Centres Limited v Florala Properties Limited [2020] EWHC 550) the High Court reiterated that the court can and will grant an injunction to protect a ‘right to light’, rejecting any suggestion that a poorly lit room wouldn’t benefit from this right.

Perception is reality. We’ve all heard it said many times, and it’s true. Our perceptions are based on what we believe, see, hear and think and they influence the products and services we buy.

For smaller legal firms striving to grow market share and compete with the larger, more established players, greater use of innovative legal technology is levelling the playing field. It is closing the gap and changing perception.

Beaumont Business Centres Limited was the tenant of a building adjacent to a development by Florala Properties and claimed that the new extension interfered with their right to light.

One of the biggest challenges we see in smaller legal firms is the need to juggle countless priorities. They must meet the legal needs of clients while also winning new work, networking and quite often, contributing to marketing activities and even manning the phones.

Florala argued: That the part of Beaumont’s building which was affected was already poorly lit and relied on artificial light. As the new extension merely made a dim room darker, no real loss was suffered.

New legal technologies can relieve some of those burdens and tools such as outsourced call handling and live chat can help to keep even the smallest legal firms open for business – even when the team’s efforts are deployed elsewhere. These tools give a sense of scale, accessibility and professionalism, regardless of a practice’s size.

The court rejected this and confirmed that all Beaumont had to prove was that the loss of light made the room less comfortable and less attractive. As the rooms were let as serviced offices, Beaumont was able to prove that the rooms attracted a lesser rent than the unaffected rooms so that the loss was clear.

In particular, tools like telephone answering and live chat close the gap because they help to secure the new business that is so critical to growth. Most legal practices underestimate the amount of calls they miss by almost a third1. If you consider that one in ten telephone calls to a law firm2 is a brand new enquiry and that 69%3 of callers hang up rather than leave a voicemail message, it’s easy to see why being responsive matters.

Florala also stated: That Beaumont sought the injunction simply as a way to encourage Florala to pay a “ransom” payment to allow the development to remain.

The court was very clear in restating that an injunction is the primary remedy available to it and that an award of damages was always discretionary.

Many of these tools offer vital business intelligence too. Call answering software can help to change counter-productive business habits. We’ve helped legal firms identify serial offenders who are ‘too busy to take calls’ and therefore losing new enquiries. We’ve also shown firms that holding internal meetings at peak call times doesn’t make good business sense; the inability to reach people costs business.

Florala has sought leave to appeal, however developers and those advising them should take heed of this decision because: • Beaumont was simply the tenant of the building, but the court agreed that they had an interest to protect.

Previously, developers may have taken a more relaxed view about the possibility of a successful claim by a tenant, but they must now be considered seriously • The court granted the injunction ordering Florala to cut back their development even though it had already been let on a long lease to a third party. Beaumont was granted a declaration to seek an injunction and join in Florala’s tenant if so advised • When considering the amount of damages which Beaumont would be entitled to in lieu of the injunction, the court found the Waldram test to be a useful starting point and also looked at radiance evidence. However, the court calculated that a payment of one third of the development profit was an appropriate payment, so the suggested payment to Beaumont was £350,000.

With the coronavirus outbreak changing how many businesses operate – some of these technologies have become even more business critical as legal firms try to work remotely, remain accessible and ensure that every call is still taken, whether it’s day or night.

New technologies are rewriting the rulebook and making it easier than ever for the smallest of firms to rival the most established legal players. The market is very competitive and the gap between large and small is closing very quickly indeed.

1. Moneypenny’s legal intelligence insights 2018 2. Moneypenny’s own data 3. Moneypenny’s own data

“New technologies are rewriting the rulebook and making it easier than ever for the smallest of firms to rival the most established legal players.”

Stewart Title’s Underwriting Team has vast experience writing Rights of Light policies on both a “wait and see” and/or an “approved conduct” basis. They are always ready to discuss projects, working closely with clients on a suitably structured policy to sit as cover behind a development.

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Helping you to help them We help you to deliver the best service to your case management solution.

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Learn about our intelligent software ecosystems at tikit.com

Your search for the right financial planning partner starts here.

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EDITORIAL BOARD

Alex Holt

Tim Smith

is Director of Business Development at The Cashroom Limited

is Chief Technical Officer at Insight Legal

Technology and the human spirit

From office to dining table

If these crazy times have shown us anything, it’s that technology is an incredible enabler for businesses generally, and specifically in the legal sector. But there’s a key word in that sentence – it is an enabler.

When asked what I would consider to be the key skills required for the new world of work in the legal sector, I couldn’t help thinking that not so much a skill, but a necessity, is a large dining table for the new world of working from home!

At The Cashroom, we had invested for quite some time in the technology needed to allow all our staff and processes to be functional with everyone homeworking. This was part of our Business Continuity planning, though I’m sure we never expected it would be tested in quite the way it has been.

There are of course far greater things at stake at the time of writing but improving the IT skills of lawyers has never been more essential. It is impossible today to separate technology from life. Smart phones, wearable tech and social media are three examples to show how we are immersed in technology for most of our waking hours (and I’ve not even mentioned email!) Lawyers who don’t accept that, or who can’t adapt, will no longer be considered quaintly old-fashioned, but out of touch.

The key, though, has been the attitude, spirit and community of our people. A firm can have the most advanced remote working technology available, and yet if their staff do not embrace it and learn to work with it, the solution just won’t fly. The training we had done, and the cyber risk measures and technology worked really well, however there were still things which we have had to address... We have had to implement things that we hadn’t foreseen – for example, things that help with our staff’s mental and physical wellbeing.

I was amused by a recent coronavirus tweet from a family lawyer. She said: “Is anyone else of my generation feeling like their IT skills have increased about 500% in the last 3 days!”

My view has always been that solicitors have had the aptitude to embrace IT, now they are being forced to.

Instead of our Daily Mile which used to involve all staff going for a walk during their every working day, we’ve instigated Daily Smile calls using Microsoft Teams where we avoid talking about work, and focus on sharing some laughter and checking in on each other.

If solicitors show that they are able to be productive working from home, it will be interesting to see if flexible working becomes a growing trend post Covid-19. I think presenteeism has been lingering in law firm offices for too long. Cloud computing enables flexible working. Will managing partners embrace it as a means of recruiting and retaining great legal talent that need more flexibility to juggle the competing priorities of work and home?

Our Team Leaders have had to develop ways of supervising and supporting their teams, and we have also implemented remote training. Fortunately, our Cashroom Portal gives us significant task management and supervision capability, which helped hugely.

Within any industry or profession, there will be a difference between learning IT and understanding it. For some solicitors, IT will be limited to using the firm’s software properly to record time and bill. But if all fee earners did this, at least the management team would have complete data on which to base decisions.

Again, none of this would be possible without the drive and support of the people using the technology.

I’m sure that there are many more lessons which have been learnt. For some, those lessons will be that in fact they should have invested far earlier in technology. For others, the need for business continuity planning will have been emphasised.

The core skillset of a good lawyer in the ‘new world of work’ is pretty much the same as the old. Assuming intellect, hard work and single-mindedness are enduring; the most successful lawyers I come across are good negotiators, financiers and they know what a successful outcome looks like for their client before they begin negotiating. Anecdotally, I’d also say the best lawyers are the most tech-savvy. They want to have the latest IT equipment so they can be accessible and productive on behalf of their clients.

For all of us, however, we have perhaps learned that the human element is in fact a crucial part of technology usage and maybe we can focus, going forward, on the ways we can implement advances and still get the best from our people.

“If these crazy times have shown us anything, it’s that technology is an incredible enabler for businesses generally, and specifically in the legal sector.”

“The reality is that with each passing year of not modernising, a firm is putting itself at greater risk of a partial or complete system failure” 45

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EDITORIAL BOARD

Matthew Hughes

is Managing Director at Dorset Orthopaedics

Prosthetics and rehabilitation

The world we function in, as orthopaedic experts, is constantly changing and evolving – organisations of all sizes and niches are developing with problem solving solutions. In the last twenty years, the advancements in prosthetic achievements have come on in leaps and bounds.

We need to ensure patients have the appropriate physiotherapy and occupational therapy, as well as any other services required.

We also need to be sure we monitor their progress, if they hit a plateau or a setback, we get them back in to provide updates and adjustments. Rehabilitation is not a one-off thing. It is an ongoing process – a journey that never truly stops.

We must combine clinical expertise and advanced prosthetic tech innovations to redefine mobility, continually developing these products and then bringing them to the market as commercially available, has resulted in a significant cost rise. So, in order to ‘redefine mobility’ we need to focus less on what the prosthetic can do and more on how it can change the patient’s life.

From a legal perspective, the only way we can ensure this happens is to provide a good service from the very beginning. If we do this, patients will come back to us. In the sector we work in, in terms of medical negligence and personal injury law, once a patient has settled their case or claim, that money is theirs and they can utilise it however they want. They don’t have to spend their money on a new prosthesis, or the prescriptions and recommendations we may have made. However, if we have already provided a good service when rehabbing them, there’s trust built up there.

Then they will come back, and they will continue to benefit.

There has been a considerable emphasis on not just providing the most up to date products, but about providing the most appropriate product to the patient and justifying why they need it. We need to be sure the products are going to make a difference. We need to test them and collect quantitative data to show the product does allow a patient to walk more easily, with less energy and with less chance of falling. Then, we can assess the differences these products and services make, compared to the condition the patient first came to us in.

“So, in order to ‘redefine mobility’ we need to focus less on what the prosthetic can do and more on how is can change the patient’s life.”

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TECH

New world – new tech – new skills – the new normal?

Our resident Tech columnist Charles Christian writes…

W

hen the topic for this issue’s column was first discussed, it was in those innocent pre-coronavirus days, when everyone still travelled every day to work in an office, with plenty of face-toface contact with colleagues and clients.

Unfortunately, we’ve now been thrown into a whole new world – but not one of our choosing.

And also, not one where even the most perceptive futurists can predict the outcome. Will the UK be in a lockdown for three weeks, twelve weeks, till the autumn? As it is school kids are going to be home for the better part of six months which, depending upon their age, is going to seriously disrupt the working routines of many parents.

So, whether this is the “new normal” – or at least what we’ve got to contend with for the immediate foreseeable future, already one new tech-related skillset is starting to emerge and be of value and that is videoconferencing.

There is a whole raft of different platforms out there but the runaway favourite is Zoom. I’ve included a link to the UK pricing page but the key points are: (1) it will work on pretty much any technology platform from mobile phones to desktop computers, and (2) you can set up group meetings with multiple participants, so you can still have ‘virtual’ face meetings with colleagues and clients. https://zoom.us/pricing That’s the basic tech but as with all office technology, it’s not the procurement that’s the thing but how you use it. With videoconferencing – especially with clients if you are charging your usual professional fees – it is important to maintain a professional approach. Here are some basic skillset tips: • Look professional – while the full suit and tie outfit (for men) may be a little over the top, don’t go to the opposite extreme, sitting there with bed-head hair in your skanky dressing gown

“In the brave new post-coronavirus world we’ll be entering later this year, one of the questions many people will be asking is: if we could cope without going into the office during the lockdown, why do we need to go in again now?”

Charles Christian

is a writer, barrister, journalist and radio show host who has been covering legal technology since the time computers came with 8-inch floppy disks. He still writes about tech, law and media related topics at www.gonzonews.org and on Twitter at @ChristianUncut

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• Be aware that not only can they see your face but they can also see whatever happens to be behind you in the room you are working in. This is not a problem when you are in your regular office but with a makeshift home office it can be problematic. A friend reported it was only after she’d finished a videoconference call, she realised there were two bridesmaids dresses hanging on the door immediately behind her. Incidentally, some videoconference cameras allow you to blur the background • Keep the door to the room where you are working firmly closed to prevent children wandering in or – as happened to another friend – their partner drifting into view in their underwear looking for a hairbrush • Try to avoid extraneous noises – the bane of my videoconferencing life is our yappy chihuahua that sits in the garden barking and for all the world sounds like a deranged duck • Allow for ‘latency’ – this is the delay between you speaking and the other person hearing your words and frequently results in people speaking over each other because they thought the other person had stopped talking.

So… slow down your pace of conversation and allow a longer gap than normal between exchanges, so you can be certain the other person has finished speaking.

But, this is only part of the story because if we reach such a point where working remotely from home, using technologies like videoconferencing, become the accepted norm (in other words the clients don’t complain and keep paying their bills) why should we revert to the old way of doing things once the current crisis is over? In the brave new post-coronavirus world we’ll be entering later this year, one of the questions many people will be asking is: if we could cope without going into the office during the lockdown, why do we need to go in again now?

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FORUM

There’s nothing more stimulating than a discussion forum – and although Modern Law runs a series of ‘in the flesh’ Roundtable Roadshow events up and down the country (temporarily on hold during the coronavirus pandemic) – we also host regular Forum discussions within the pages of the magazine. These give readers access to different expert opinions, experiences and insights into the topic being discussed.

Darren Gower

Tony O’Reilly

James Lancaster

Osman Ismail

Charlotte Ponder TEP

Joanna Sidhu

is Sales & Marketing Director at Eclipse Legal Systems

In this Forum, six expert voices give their opinions on the subject of legal technology and the needs that law firms have moving forward into the future.

They look at how firms maintain their competitive edge, how they afford tech, how they justify the spend, and how they pick the right tech for themselves and their clients.

We may not always agree with what we read, but if it enables us to explore and engage in onward discussion with our colleagues and clients then mission accomplished.

is Sales Lead at Yoti Sign

is SaaS Regional Sales Manager at poweredbypie

is Managing Director at DPS Software

So, first, meet our Forum experts here and then join the discussion over the following pages.

is the Legal Director for Countrywide Tax & Trust Corporation Limited

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is Head of Growth at Legl

FORUM

Darren Gower

is Sales & Marketing Director at Eclipse Legal Systems

DARREN GOWER Q: In light of rapid advances in new tech, how can law firms maintain their competitive edge?

Q: How do lawyers know what’s the right tech for them and their clients?

A: It’s not just about law firms adapting to new technologies, it’s about setting themselves up so that adapting to the next new thing is seamless. Putting themselves into a position where if any major changes come along, they’re able to transition into a new way of working without disrupting their day-to-day activities.

A: Firms can’t just pick up the phone and call the first provider they find, and ask to implement their solution.

At least, they shouldn’t. It’s essential to properly research which tech is going to really benefit the firm both now and in the future.

The most important thing to do is determine the end goal – what is it the firm is trying to achieve? Automation?

Document management? Better client care? Future scalability and flexibility? Once that is known, the firm can begin looking at a range of viable solutions.

Firms shouldn’t have the view that systems in place are going to be there forever, unchanged. They should keep a keen eye on where the industry is going, what new technologies they expect to see come to the market, and what their provider can currently offer.

Many providers would be happy to give a demonstration and show exactly how their tech would fit in. Purchasers should go through all the benefits to both themselves and their clients, and not be afraid to push hard when talking to potential providers. For example, if they talk about flexibility and how easy the system is to change… firms should make them prove it, there and then!

Firms should create a culture that embraces change, and is flexible enough that the people working there can continue delivering an exceptional service to their clients.

Q: How can law firms afford and justify the spend on tech innovations?

A: Many tech solutions have the goal in mind of saving money for the firms using them. So as long as firms see them as a long-term solution, they should be framing and justifying the spend by looking at the overall return on investment they’ll receive in one, two, five years’ time.

Q: What are the biggest risks to legal firms of not embracing new tech innovations?

A: The fact is those firms are going to get left behind. Those embracing modern technology innovations are more efficient, more productive, and offer a better place of work for their fee earners than competitors operating in a more traditional way.

Even if saving money isn’t a direct goal, there are other financial metrics that are key, for example boosting productivity, or creating headroom to accept a greater volume of cases and matters. A product that aims to increase efficiency will create more time for fee earners to focus on new business opportunities – generating more revenue.

And most importantly, they’re able to better service their clients.

Clients want a quicker service than they’ve had in the past.

Legal practices that lag behind because they refuse to adapt will lose that competitive edge, no matter how much success they’ve had historically.

Overall investment should be considered very carefully, and against the backdrop of what firms are trying to achieve… be that cost savings, revenue generation, or both. Time should be taken to do appropriate research as to how a new tech innovation will help figures, and open and honest conversations with tech providers should be held about how this can be achieved.

“Those embracing modern technology innovations are more efficient, more productive, and offer a better place of work for their fee earners than competitors operating in a more traditional way.”

Darren Gower is the Sales & Marketing Director at Eclipse Legal Systems, the UK’s leading provider of Case and Practice Management software. Having joined Eclipse in 2003 when the business was a niche market challenger, Darren manages sales and marketing operations for what is now a 160-person Law Society Endorsed market leader.

He is responsible for Eclipse’s overall go-to-market strategies and customer relationships, ensuring that the legal services sector continues to experience the very best technology innovations and solutions.

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FORUM

Tony O’Reilly

is SaaS Regional Sales Manager at poweredbypie

TONY O’REILLY Q: In light of rapid advances in new tech, how can law firms maintain their competitive edge?

Q: What are the biggest risks to legal firms of not embracing new tech innovations?

A: Law firms can maintain their competitive advantage by working with trusted partners who are already showing that they can deliver in tech. Such firms as ourselves keep up to date with developments, enhancing our offerings in-line with workflow changes. Our solutions are relevant and tailored to requirements.

Document portals are the latest way to share information and documents online securely and this shows the type of tech that law firms need to be adopting these days. If a competitors’ homebuyer clients can get an online quote, register, get a client care pack, open the documents, sign and return them securely within two hours and your clients can’t, guess who’s going to lose out on that business?

In this way, such technology can make the, often stressful, process of buying a new home much more convenient for customers and they are more likely to recommend the services of that firm.

A: Law firms which do not embrace technology will fall behind their competitors. There is always the risk of the unknown. Take the coronavirus outbreak for example.

Suddenly, all staff need to work from home. For firms who haven’t got the technology in place they struggle to be open for business as usual. For competitors already using the right tech, remote communication is seamless.

Q: How can law firms afford and justify the spend on tech innovations?

Further, if law firms don’t embrace tech now, when the next big development becomes available it’s going to be a bigger and more difficult leap. Being two steps behind instead of one, means those forward-thinking organisations keep creating an even bigger competitive advantage.

There is also the risk of losing business. One aspect of the functionality of poweredbypie’s Brighter Law tool kit is that it enables online quotes to be generated automatically from an organisation’s website. No-longer are law firms limited to just doing conveyancing business locally, this opens-up whole new markets. For digital savvy homebuyers, dealing with a firm that can offer efficiencies in their workflow right from the outset is attractive. For some, it will be a deal breaker and if firms don’t offer this, they can simply go to an organisation that does.

A: They can’t afford not to! Law firms are under pressure to deliver efficiencies, save time and keep transactions and data secure. Tech can help provide the solutions. It is essential that law firms invest in technology to combat cyber security issues. For other tech innovations the justification on spend comes from the resulting improvement in efficiency that can certainly be gained.

Law firms do need to work with tech companies who keep innovating, integrating and ensuring all aspects of their offering are interchangeable. poweredbypie’s Brighter Law toolkit can automate conveyancing web quotes, share documents securely through Document Portal and property searches to be ordered with one click. All these aspects are conveniently linked and can be integrated with case management systems too. By understanding the workflow, we have been able to create solutions that create real efficiencies for law firms.

Q: For firms with limited or no internal IT resources, is outsourcing new tech the only way to compete?

A: To many firms, ‘outsourcing’ sounds like an expensive exercise. If you outsource a project to a huge IT corporation with no experience in the sector, and that company goes on to re-invent the wheel, then this certainly will be expensive.

However, talking to suppliers, such as poweredbypie, who already have solutions in place, specifically designed to solve law firms’ everyday challenges, outsourcing then becomes a particularly cost effective and efficient way of deploying the very latest technology. Our mission is to keep tech as simple as possible. We make it accessible and provide free training.

Suddenly, outsourcing becomes an attractive solution.

Q: Are there any legal issues that tech can’t solve?

A: Tech can’t solve every issue! Developments such as AI will only ever be able to do so much. There will always be the need for professional advice. Tech can certainly clear the way to free-up workloads, but it will never take over from the human intervention needed in complex legal cases.

Q: Still in its ‘relative infancy’, what long-term impact will AI have on the legal sector?

Q: How do lawyers know what’s the right tech for them and their clients?

A: AI can tick many boxes that need ticking, as more and more processes can be automated. It offers the prospect for conveyancers to concentrate on parts of the transaction that tech cannot and delegate the repetitive aspects to machine learning. This is great for efficiency, but there will never be a situation when conveyancing stops needing human input.

A: Put simply, tech needs to be fit for purpose. Law firms need to be clear on what they’d like to gain and achieve from implementation. Law firms don’t have to be early adopters, but simply look around and see what others are using. Go and talk to those trusted suppliers who have taken the time to develop that technology.

Tony has worked within the property industry for over 10 years, following a career as a manager and project leader within the media advertising world. He joined Rightmove in 2009 heading up the New Homes team supporting developers in the North of England and Scotland. Since then he has led Training, Account Management and Sales teams for TM Group, Searchflow, PSG and PIE. Tony currently helps law firms save time, increase revenue and deliver efficiencies through technology innovations and traditional customer service.

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JAMES LANCASTER

James Lancaster

is Sales Lead at Yoti Sign

Q: In light of rapid advances in new tech, how can law firms maintain their competitive edge?

their solutions, and we can see that an increasing number of firms have sophisticated tech innovation teams.

A: The UK is now one of the world’s leading tech hubs and London is the European tech capital. The technology sector is one the fastest growing sectors of the economy. Mobile technology has already disrupted the way we work. Advances in ‘artificial intelligence’ and ‘big data’ will provide further disruption.

Q: How do lawyers know what’s the right tech for them and their clients?

A: Security of the systems and solutions that the supplier has in place is the key aspect to consider. ISO27001 and SOC2 security certification are gold standards for tech suppliers. It is important to verify whether external auditors, known as ‘ethical hackers’, conducted penetration tests of supplier’s systems.

We suggest law firms to have a clear tech strategy, and that they plan for tech with the following steps: assessment of internal processes, vendor analysis and product implementation.

We have worked with several clients who were too late in adopting new technology as a security breach had already happened, and they then look for solutions to prevent such attacks in the future.

Using examples based on Yoti products, technology can have a positive impact on law firms and demonstrate to clients that the firm is moving with the times. Electronic signatures simplify admin work, provide better customer service and ensure business continuity. Our digital identity solutions, supported by AI, radically change KYC or right to work processes. However, we see that technology implementation is too often a lengthy and bureaucratic process for law firms. In our view, to maintain a competitive edge, law firms must assess which solutions will optimise internal operations and how these should be implemented to avoid burning resources.

Ease of adoption and ongoing use are also vital. Solutions should be easy for internal teams to implement, so that time and resources are not wasted.

Currently, 40% of our largest clients have come to us by switching from their existing e-signing provider to Yoti Sign because we could offer lower price and a more tailored service. We can see that many businesses are falling into a trap of big brands and essentially paying significantly more for technologies or features they don’t really need. It is worth spending time on due diligence and selecting the most cost effective option.

Q: How can law firms afford and justify the spend on tech innovations?

Additionally, in the case of electronic signatures, an important aspect to consider is the supplier’s method of storing data on their platform, particularly whether encryption is included.

A: The aim when implementing tech solutions is to make processes more efficient and cost effective. Take the example of e-signing, where improvements can be identified in various areas.

Q: What are the biggest risks to legal firms of not embracing new tech innovations?

Our clients report simplification of tedious workflows and cost savings on paper, print and postage. However, time and client retention are the most crucial aspects for any law firm.

If a firm can save time on client onboarding and admin tasks such as tracking, managing and sending documents then it is getting ahead of competitors. The effect is even stronger when partners are also involved in reviewing documents.

A: During the recent black swan event of the coronavirus pandemic, we have experienced an increased demand for e-signing and digital identity solutions from businesses and governing bodies. Due diligence processes, which for firms usually take a few months, on this occasion took just a few weeks. This proved that current business processes are not always well suited to potential adverse scenarios and that when these do occur business continuity becomes a crucial issue.

When a client has to go through a paper cycle of printing, scanning and sending a document, and additionally sees that confidential documents are not treated securely, next time they might be choosing the services of a different firm.

There is a risk of being left behind. More and more businesses are looking for digital e-signing solutions to improve their services and increase security using digital ID. This gives them an edge ahead of their competitors.

Q: How important will upskilling and reskilling be as law firms adapt to the new world of legal tech?

A: Our experience of working with financial and legal organisations shows that firms wish to carry out rigorous assessment of our products, with diligence processes covering areas such as system security, compliance and technology.

Law firms also face a security risk by not adopting new tech innovations such as secured e-signing or identity verification.

We work with several, serious businesses that were exposed to email phishing and hacking and are adopting Yoti’s e-signing platform with recipient biometric identification. The consequences for them of these events were financial as well as brand damages and eventually lost clients.

Therefore, in order to make the best decisions for selecting technology providers, law firms need to have skilled tech staff knowing how to select and assess vendors and implement

James Lancaster is a highly skilled professional with years of experience and a proven track record in helping organisations to grow. He has worked in a number of different key sectors, including engineering, IPTV and Broadband, I.T. systems and SAAS products, driving growth, increasing the client base and becoming a trusted partner to their businesses. At Yoti Sign, James focusses mainly on the legal sector, working with some of the most prestigious names, advising on digital transformation, optimising their productivity and efficiency, cutting costs and increasing their customer satisfaction.

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Osman Ismail

OSMAN ISMAIL

is Managing Director at DPS Software

Q: In light of rapid advances in new tech, how can law firms maintain their competitive edge?

Q: How do lawyers know what’s the right tech for them and their clients?

A: Law firms need to invest in the client interface – invest in getting client and work providers included in the transaction – and realise that the client needs to be an active partner in the transaction. If information is needed from a client, then this needs to be gathered in the most efficient way.

It needs to be gathered in a way familiar to clients which is increasingly electronic. Let clients fill in forms and provide information online. Connect with clients at hours that are available – and build relationships.

A: Lawyers need to look at IT as an overall ‘holistic’ solution – is IT as easy as turning on the lights? Is the lawyer or the client aware of the IT? If the client and lawyer are not aware of the IT and it just works then this is the right IT. Q: What are the biggest risks to legal firms of not embracing new tech innovations?

A: Others will get top efficiencies, meaning they can either undercut or benefit from efficiencies that the firms that are not investing will not enjoy. This means they’ll move ahead, attract clients and, importantly, more go-ahead lawyers​​​​​​​​​​​​​.

Q: How can law firms afford and justify the spend on tech innovations?

Q: What are the essential talents necessary for the new world of work in the legal sector?

A: The best tech innovations are those that can deliver savings, or can promise efficiencies, or where clients can see improvements. Law firms need to start measuring COGS which will be alien to most firms. Cost of goods sold is not always measured but it needs to be. Innovation needs to streamline delivery which makes it less expensive to provide the service. Once there is a plan for the efficiencies that are to be delivered they can justify the expenditure.

A: The ability to embrace change and look at the world in a new way is critical.

Q: How has new tech improved CMS/DMS within law firms?

A: Spitfire is a fully cloud based system deployed in browser windows. Firms needs this level of agility in the new world.

The year 2020 sees Covid-19 fears and people being ordered to work from home. How? If they can pick up a computer and log in using a browser then this is true agility.

Q: For firms with limited or no internal IT resources, is outsourcing new tech the only way to compete?

A: Ignoring the resources law firms need to consider where their focus is, are they in the business of delivering legal services or IT? Outsourcing allows a law firm to get top level products and efficiencies without significant investment.

They can subscribe to services and turn them on or off as they need to.

“The best tech innovations are those that can deliver savings, or can promise efficiencies, or where clients can see improvements.”

Osman Ismail is the founder and Managing Director of DPS Software. Having worked in legal technology for over 35 years, Osman has an expert understanding of the market and the trends that influence it. In this time, Osman has seen technology move forward at pace, to a point where DPS can now offer a fully web-browser based Practice Management System, integrated with legal accounts, client portal and other mobile apps. This innovation is all to make the life of those working in the legal sector easier as they become more efficient and have more flexibility in the way they work.

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Charlotte Ponder TEP

is the Legal Director for Countrywide Tax & Trust Corporation Limited

CHARLOTTE PONDER

more flexibility and increased transparency. Using the right systems and legal document drafting software, a firm can significantly reduce inputting time and errors, allowing clients to interact with the firm 24/7 and view progress of their cases.

Q: In light of rapid advances in new tech, how can law firms maintain their competitive edge?

A: In the legal sector, competition and client expectations have risen dramatically. Clients expect more, and have an increasing number of options as to where to take their business. In order to thrive in the current environment, leading firms must look toward new solutions and systems that review, communicate and think at near-instant speeds.

Q: What are the biggest risks to legal firms of not embracing new tech innovations?

A: Consider technology-based products that didn’t exist ten years ago but are now indispensable, such as the iPhone, Amazon, Uber and music streaming services. It’s no coincidence that as these products have risen, their predecessors have fallen.

In times of next-day delivery and self-checkouts, waiting is becoming almost obsolete and consumer expectations of how long things should take have changed. To maintain a competitive edge, firms must utilise evolving technology to complete work more efficiently and accurately. The combination of rapid processing of routine tasks with greater engagement is therefore likely to make clients more satisfied.

Use of smart phone apps to obtain information when onboarding new clients, for example, gives a great impression of your business as forward thinking and transparent.

Many firms have, largely, operated in the same way for generations, but the old model of the law firm is being challenged. By not embracing new tech innovations, firms are leaving themselves exposed to risk in more areas than one.

From a risk in security and compliance to a risk of Will claims when there is a lack of electronic records, and ultimately risking a disservice to clients or losing them altogether.

Q: Does the pool of new talent have the skills to carry law firms forward into the next decade?

Firms need to always be looking at new ways in which to provide a better service as well as having a clear strategy for dealing with changes in client demands, technological innovations, and the regulatory landscape if they want to remain competitive and attract the best talent. Clients are also increasingly aware of the risks present within Will writing such as Will claims with many high profile cases being shared as of late, and are looking to firms that can provide an extra layer of protection.

A: A decade ago, law firms were just starting to use tools such as management software and document automation.

Nowadays, most professionals couldn’t envisage running a firm without these tools. In ten years’ time, the same will be true of artificial intelligence and other flourishing legal tech which will assist new talent in carrying law firms forward.

Law firms will need to consider the demands of the next generation of solicitors. By 2025, around three quarters of the global workforce will be of the millennial generation. Just like the modern day consumer, best talent has expectations of the workplace.

Q: How can law firms afford and justify the spend on tech innovations?

A: Firms can expect to reap the rewards when investing in technology in a variety of areas that far outweigh the cost involved. Technology has developed to address the challenges created by an increase in the quantity of information which practices need to process. Automation tools significantly reduced administrative costs; storing information electronically enables agile working whilst reducing risk, and AI research tools pave the way for further efficiencies and competitive advantages.

Implementing the right software within a practice enhances training and eliminates miscommunication which can occur in traditional methods of training. By using tech to reduce the risk of errors and unnecessary administrative tasks, this speeds up the process significantly, and the boost in productivity allows the future pool of talent to focus their efforts on diversifying their own legal skills. Automating administrative tasks allows for more interesting and complex work to be done by junior lawyers, in turn advancing their own careers.

Perhaps most notably, many of the benefits achieved as a result of firms harnessing tech innovations have been passed on to the client in the form of an improved service, lower fees,

“Perhaps most notably, many of the benefits achieved as a result of firms harnessing tech innovations have been passed on to the client in the form of an improved service, lower fees, more flexibility and increased transparency.”

Charlotte Ponder TEP is the Legal Director for Countrywide Tax & Trust Corporation, part of a group of companies providing advice in all aspects of Estate Planning. In the last five years their bespoke document drafting software, Countrywide Legacy, has assisted 2,500 registered users to draft in excess of 200,000 Wills for their clients across the UK. Countrywide Tax & Trust Corporation Ltd were selected to appear in the inaugural edition of the Parliamentary Review for Law & Justice, reflecting their position as a leading figure in the industry.

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JOANNA SIDHU

Joanna Sidhu

is Head of Growth at Legl In today’s market, being competitive means meeting client expectations in a digital-first world, while operating your business sustainably. Looking for tools which are quick to implement, have great customer service and strong development plans is key. In this new technology landscape, legal tech companies give law firms the ability to have it all: market-leading technology tailored to their needs in an easyto-implement way.

Q: In light of rapid advances in new tech, how can law firms maintain their competitive edge?

A: Go back to first principles: put the customer first.

Recognise that you are providing a customer service like any other business and use technology to help you deliver that excellent service.

Firms deliver great value through legal advice, but often overlook the client’s entire journey and the friction involved at each stage – whether it’s a complicated and timeconsuming customer due diligence process at the outset, or an inconvenient payment method at the conclusion. Firms can gain a competitive edge by using digital tools to give their clients a modern and uncomplicated experience of using legal services. This technology does not need to be labour intensive to roll-out, there are simple tools that exist which can have huge results.

Q: How do lawyers know what’s the right tech for them and their clients?

A: I don’t actually think this is the right question. Lawyers shouldn’t look straight to a tech solution, but should first understand their problem. They should ask, “What are our biggest pain points? What about those of our clients’?”.

From there, lawyers can start to consider what the right solution is – which may or may not be delivered through tech.

Q: How can law firms afford and justify the spend on tech innovations?

Q: What are the biggest risks to legal firms of not embracing new tech innovations?

A: Tech innovations enable law firms to do more with less. By enabling firms to streamline and automate manual processes, law firms can use tech to reduce costs and increase revenue.

A: The two biggest risks to firms of not embracing technology are: losing business and failing to be a sustainable business.

We live in a digital-first world and clients have different expectations: they want an uncomplicated, cost-effective and transparent experience of using legal services. Technology makes this possible. Firms which refuse to embrace technology will lose business to those firms who do embrace it.

Law firms often see technology as an overhead, or a cost which detracts from the business. We encourage firms to reconsider this, and think about how technology can add tangible value, even paying for itself several times over within a very short space of time.

The second risk is around sustainability. Now more than ever, firms need to find ways to “do more with less”. Firms need to find ways to streamline processes and automate manual tasks to save time and money to run their businesses sustainably.

As an example of this, at Legl we found that when firms include a link to pay online with their invoices, clients pay on average within 3 hours. Tech like this, while common in other industries like e-commerce, can have a dramatic and positive impact on firms’ bottom line: cashflow. Quickly, the discussion on spend moves from “Can we justify this?” to “How can we operate without this?”.

Q: What are the essential talents necessary for the new world of work in the legal sector?

A: Agility. Firms need to be agile to survive this changing world. They have to abandon any hold on “This is how we’ve always done things”, and move quickly to adapting to a new way of operating. This may mean a change in approach to buying technology: rather than considering every possible use case, they need to focus on solving their biggest problems in the fastest and most efficient way.

Q: For firms with limited or no internal IT resources, is outsourcing new tech the only way to compete?

A: We believe that it should be possible for law firms to roll out value-adding, tailored technology solutions without the need for a large internal IT team.

Technology is moving towards ‘no-code’ platforms, where functionality is easily adopted and rolled out across the firm and its clients.

“By enabling firms to streamline and automate manual processes, law firms can use tech to reduce costs and increase revenue.”

Joanna leads on growth and partnerships at Legl (legl.com). Legl is the award-winning platform which gives law firms the tools to succeed in a digital-first world, from streamlined client onboarding to more convenient payment options. Legl’s easy-to-use software helps firms give their clients a great experience while modernising manual processes. Joanna was previously a litigation solicitor at Ashurst, with experience in High Court litigation, international arbitration and in-house at a global investment bank.

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10 MINS WITH

JOHN ESPLEY Q A

Has the industry changed drastically since you started working in it?

Practice management software has come a long way since I joined the industry 15 years ago, document automation was still in its infancy and many law firms viewed practice management software as a luxury item. A practice management system is now a necessity for any firm wanting to practice successfully in the digital age.

With the timing of this interview, it would be remiss of me to not mention recent events and the outbreak of Covid-19. This unfolding tragedy will be and is, perhaps already, the biggest driver to change in the legal industry that I have ever witnessed.

Many law firms and legal entities have unfortunately found themselves in the predicament where they do not have reliable access to their matters when working away from the office. This is in stark contrast to firms who have invested in technology to mobilise their businesses and have transitioned seamlessly to a home working model. The mobile digitised law firm is no longer how elite law firms operate – it is now the way that every law firm must practise.

Q

What has been the key positive or negative impact of change in your area of the market?

A

In 2020, most law firms have now gone through two or three systems, changing software suppliers in the process, so when it comes to purchasing technology, they are much more informed. They know what’s involved and can recognise the most innovative suppliers and the products which are going to serve their firms well. It is no longer a case of finding the lowest cost supplier but, instead, of finding the product which will add the most value to their business.

Also, the end customer, a law firm’s client, knows what they are looking for in a law firm – a firm that is responsive, that communicates well, uses modern methods and that is easy to deal with. Clients expect emails to be answered 24/7 and will go to a firm that can give that level of immediate service.

“In 2020, most law firms have now gone through two or three systems, changing software suppliers in the process, so when it comes to purchasing technology, they are much more informed.”

“With the timing of this interview, it would be remiss of me to not mention recent events and the outbreak of Covid-19.

This unfolding tragedy will be and is, perhaps already, the biggest driver to change in the legal industry that I have ever witnessed.”

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Q A

Who inspires/inspired you and why?

Q A

What has been the most valuable piece of advice given to you?

The people that inspire me are innovators.

People such as Steve Jobs and Jeff Bezos, people who came to market with a concept and ran with it. People with the vision to make an idea happen and to develop it. LEAP has the same ethos and our founder realised very early on what the core components are which SME law firms need from a practice management solution to enable them to operate successfully within the competitive legal landscape.

My father used to say to me, “if you have a job, it doesn’t matter what job it is, you do it to the best of your ability and you make sure that you do it better than anyone else.”

I think Mohammed Ali said something similar but I never met him.

I have also been given good advice regarding decision making – that you should always take your time, make sure you’re consulting the right people and that you have the right people around you.

Q A

If you were not in your current position, what would you be doing?

I’d probably be landscaping gardening.

During holidays and when I came out of university, before moving into legal software, I worked as a landscape gardener and enjoyed it.

Either that or walking the dog.

John Espley

is CEO at LEAP UK

LEAP is the best system for lawyers and staff to work from home

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