LONDON (Within The Law) - As lockdown returns, and we scale the slopes of a second peak, law firms are settling back into the reality that remote working is here to stay. That means anyone who has not already got their head around digital technologies will need to do so pretty quickly.
This can be quite a challenge. In the early days of the pandemic, many firms and lawyers were left scrabbling to adjust. For example, as the FT shows, in house lawyers struggled to check force majeure clauses in their contracts.
These clauses, which protect businesses from unforeseeable circumstances which stop them from fulfilling a contract, have to be actioned within a limited time. However, many companies only held paper copies of supply contracts or stored files in hard drives in offices making them difficult to access during the lockdown.
Those firms who only had analogue contracts would find it difficult to get them to their clients in time.
The legal sector had been slower on the uptake of digital technology. A report from this time last year shows that law firms were failing to invest in digital skills for their staff. A report from Hays found that just 58% of firms were working to build digital skills compared to an average of 70% for other industries.
Even among those who were investing, only 28% of firms said digital transformation was crucial to their business. Without support from their employers, people were left to upskilling themselves.
There are many good reasons for this. Lawyers handle large amounts of sensitive and confidential documentation. Sharing this over the internet may be seen as a security risk.
Equally, firms previously believed that face to face contact between solicitors, clients and other stakeholders would be crucial. However, lockdown has proved that it is possible to carry out duties remotely using video conferencing technology. Even law courts have been able to continue working remotely. Virtual hearings have been possible in many cases without conflict for the rights of the accused.
As a result, much to their surprise, many firms found them embracing the digital and remote working world of the future. As we’ve previously covered on Bywire, Dentons closed two of its offices in Scotland and England and moved those staff to remote working. Any employees who needed an office space would be able to go to one of its two remaining offices.
Digital haves and have nots
Dentons is an example of what an early adopter organisation can achieve if it understands how to make use of digital technology. However, as in other industries, adoption is far from uniform. Some businesses and individuals will be better at going digital than others.
That is going to create an environment of digital haves and have nots where early adopters find a crucial competitive edge across their operations. The industry has changed. To succeed lawyers and firms will not only have to become adept at using technology they will have to innovate with it.
To do this they can look at changes including:
- Making contracts digital so they can be accessed remotely by lawyers whenever they need them.
- Investing in video conferencing technology, enabling teams to collaborate remotely from wherever they are located.
- Data management and CRM software can provide managers with oversight of operations allowing them to track progress across the team.
Bond Adams, for example, provides a positive example of digital integration. Thanks to its investment in digital technology its lawyers can carry out transactions remotely lowering costs and improving the speed and efficiency of processes.
After they decided to work remotely in March, they found that they could maintain communications with clients and staff using digital collaboration tools such as Microsoft Teams and video conferencing software. This has enabled it to maintain a smooth and seamless operation.
Even without lockdown, the impact on bottom-line performance can be profound. However, much depends on how it is implemented.
According to Air-IT, the firm which managed the transformation for Bond Adams, businesses must ensure technology is implemented in a way which works for their specific requirements.
“Technology is only one piece of the puzzle and acts as a catalyst for wider business improvement and change, as well as providing greater operational flexibility and resilience,” they say. “For this reason, it’s vital to ensure any new technology you implement is fully aligned to your own business goals so you can ensure it delivers positive outcomes for both your clients and employees.”
Key to that will be the human element. Within any law firm digital skills and adoption will vary from individual to individual. While some will take to new technologies like the proverbial duck to water, others will find it much more difficult.
As such, the digitally savvy lawyer will become a much more prized commodity. Increasingly, firms are looking to recruit people with digital skills and who are comfortable presenting and communicating in video formats.
They can, in turn, help many of their colleagues to acquire the skills they need to become comfortable working within the digital workplace.
Having these people with digital skills and using them to build the digital capacity of the company and its employees will help equip firms for the new normal. We do not yet know how long the lockdown will last; we don’t know if it will be temporary or permanent and we don’t know how long it will be until COVID 19 is in our rearview mirror. Whatever happens, there will be no return to normal.
The pandemic has accelerated the transition to digital and has transformed the way people work. In doing so it has changed the skills lawyers will need to carry out their work. Those who adapt quickly will find their work much easier than those who are lagging behind.
(Written by Tom Cropper, Edited by Klaudia Fior)