Incoming British Computer Society president, Rachel Burnett, a solicitor, outlines why 2008 is so important for IT in law firms


'Law is the cement of society and an essential medium of change,' said Glanville Williams. IT is itself a medium of change, even transformation. Combine the two and it is clear that our professional work and our businesses have become more efficient, more productive - and potentially more interesting - through IT.



We take for granted the ways in which we have adapted and innovated by means of IT. Solicitors are very sophisticated users of word processing. We use legal databases like Lexis and Westlaw for up-to-date research. We amend documents and complete forms electronically for emailing to clients, colleagues and legal agencies.



We could look at what other firms do, or our clients demand, and follow suit - in other words react by following and attempt to catch up. Or we can take a strategic approach to using IT in business development.



Why take a strategic view of IT? Because it will let us take positive control, rather than be merely reactive, and help us prosper rather than simply survive. We shall therefore be able to invest more effectively as we consider imaginatively whether and how new technologies may be usefully incorporated into our legal practice, to benefit the legal profession, the clients and the society we serve.



Fundamental changes to legal practices save money and provide better quality processes and swifter outcomes.



Benefits of change

Some firms are working towards the paperless office - a prospect that once seemed unthinkable and still seems ambitious. There are a number of successful virtual firms in various areas of law, including legal aid work for individuals and UK repre?sentation for international business clients, avoiding high overheads.



Where work is done is becoming less important than how well and how quickly. BlackBerry and other remote-working devices, originally heralded as promoting part-time flexible working, now carry the potential for 24-hour contact where clients demand immediate responses. Law firms' marketing includes free legal information on attractively branded websites and via electronic newsletters.



In other industries and professions the overall dynamics of working are changing radically because of commoditisation, information and knowledge processing, and online communication and collaboration - themes already identified by Professor Richard Susskind. He has argued convincingly for the ongoing transition from law as a one-to-one advisory service to law as an information service, and the consequent specialisation and eventual transformation of the solicitor's role, particularly in his book The Future of Law, and in his new book The End of Lawyers, to be published next year. His predictions are being borne out.



Volumes of legal information are made available to everyone online by government, official agencies and voluntary bodies - such as the UK Intellectual Property Office or the Citizens Advice Bureau. Forms are being designed with the aim of making them easier to complete by anyone (whether this aim is achieved entirely is another matter). Technology has transformed the collation, dissemination and use of information. Hypertext and other web technologies are particularly good at tracking down ?references and cross-referencing information in document management systems, like those used in ?litigation support or presentation of evidence and other court processes.



Interactive participation, collaboration and networking systems enable resource sharing and online communities. We do not always have to meet face-to-face. In her newsletter, computer consultant Delia Venables has found more than 130 law blogs already in existence, many by individual solicitors on subjects ranging from divorce to digital media. Wikis - collaborative databases for easily creating, browsing and updating information - are beginning to be used within some law firms. Others, on particular legal topics, are publicly available. Online dispute resolution is just round the next corner.



Adapt and survive

The scope of legal expertise is also expanding. For example, content ownership and use raise stimulating issues, both for solicitors and IT professionals, regarding the best way of protecting valuable intangible assets, such as software and databases, which are constantly being recreated and redefined. We need to assess how our clients can successfully navigate through increasing regulation. Privacy and data protection are emerging as significant concerns, largely because of IT databases. And, increasingly, we have to manage the transactions of our clients in an international environment. We must adapt our legal responses to continuing and speedy innovation in subject matter as well as in methodology.



The professional tradition of solicitors is well established. The Law Society was founded in 1825 and acquired its first Royal Charter in 1831. In contrast, the British Computer Society, the leading body for IT professionals, acquired its Royal Charter in 1984 and is celebrating its 50th anniversary this year. Its focus is on IT professionalism for the beneficial use of IT, for understanding IT's role in business change in all areas, not on the underlying technology itself.



The business world is changing rapidly for everyone, as are expectations and demands by clients and customers. These changes will involve the need for new competences and capabilities by professionals and organisations. Those who do not recognise the need for change, and who do not respond to that need, are likely to be left behind. These messages for IT professionals are equally relevant for solicitors.



Today's IT world bears little relation to the world of computing 50 years ago. The solicitor's world is vastly different, too. IT is the driving force revolutionising legal processes, delivery of legal services and the administration of justice, in exciting, advantageous and occasionally frightening ways. But you can be master of your destiny by deliberately choosing to be part of that revolution.



Rachel Burnett, a sole practitioner IT law specialist, runs Burnett IT Legal Services, and is president of the British Computer Society