Tuned in and on-line

In a continuing series, Ken Byass, chairman of the Law Society's e-commerce working party, discusses its role in advising on policy for e-commerce proposals, preparing the profession for the IT revolution and ensuring that solicitors make the most of on-line legal servicesThe Law Society's e-commerce working party was established in 1999, initially to consider a proposed EU Directive on 'certain legal aspects of electronic commerce in the internal market', known as the E-commerce Directive.

It became clear that this proposal would be the first of many government policies on e-commerce which would affect the legal profession.

The e-commerce working party now has permanent status and meets about five times a year.

Membership has been kept small and limited to solicitors with practical, hands-on experience of information and communications technology (ICT), e-commerce and the law.

Each member's speciality complements the business of the working party in specific aspects of ICT and e-commerce such as information security, domestic regulation of e-commerce, international agreements and regulation, and data protection.

The membership is also intended to offer a practical sounding board with solicitors practising in firms of different sizes and from different parts of the country.As e-commerce crosses disciplines, the working party has worked closely with other specialist groups at the Law Society, both on responses to proposed legislation and on-line legal services regulation.

The working party's terms of reference are to advise on:l Law Society policy on national and international legislative and other e-commerce proposals.

Working with the Society's Brussels office, the working party has provided input to the E-commerce Directive, the Electronic Signatures Directive, the EC Communication on Cybercrime, the World Trade Organisation's Declaration on Global Electronic Commerce, and the Council of Europe's Convention on Cybercrime.

At the national level, the working party has provided input to the the Department of Trade and Industry and the Home Office on the Electronic Communications Act 2000 and the Regulation of Investigatory Powers Act (RIPA) 2000.

It continues to contribute to consultations, secondary legislation under the RIPA and also to the DTI's implementation of Directives on e-commerce and electronic signatures.

Responses consistently aim to encourage the provision of on-line legal services by solicitors, and also to ensure that solicitor-client communications are adequately protected.

l Ensuring that the Law Society and solicitors are ready to make the most of e-commerce.

In response to the growing demand for on-line legal services guidance from solicitors, the terms of reference of the working party were widened to include on-line legal services regulation.

Last year, it worked with the Law Society's ethics department to produce e-mail guidance for solicitors.

The working party also produced a model copyright and disclaimer notice for solicitors to display on their Web sites.

It also worked with the family law committee and the wills and equity committee, as well as staff in the ethics department, to produce guidance on on-line services for divorce and wills.

Responding to recent requests from solicitors, the working party will shortly be considering guidance on conflicts of interest and on-line legal services, and guidance on information solicitors must include on their Web sites to comply with EU Directives.l The impact of the IT revolution on the Law Society and the profession.

The specialist knowledge and hands-on experience of working party members in the emerging area of e-commerce has proved invaluable in providing advice to other parts of the Law Society on a wide range of issues.

The working party is currently participating in a review of the Solicitors' Act 1974, led by a specialist team in the ethics department, which is intended to make the Act less burdensome for solicitors.

The review includes facilitating the use of electronic communications and storage, as required by the Electronic Communications Act 2000.

Recently, the working party liaised with the Society's conveyancing and land law committee to produce a response to the Lord Chancellor's Department's e-conveyancing consultation paper.

It has also advised the Law Society on the role of electronic signatures and authentication.The e-commerce working party is keen to receive feedback from the profession on additional guidance it could produce to facilitate the provision of electronic legal services by solicitors.

It would also like to hear the views of solicitors on future e-commerce policy proposals at domestic and international level.

Comments to the working party, and requests for working party responses, or guidance, should be addressed to Maria Farrell, secretary to the e-commerce working party, via e-mail at: maria.farrell@lawsociety.org.uk or tel: 020 7316 5669, or by post to Maria Farrell, the Law Society, 113 Chancery Lane, London WC2A 1PL, DX: 56 London/Chancery Lane.