Resources
Working with technology suppliers
Confidentiality and compliance
Confidentiality is the cornerstone of legal practice, and solicitors handle highly sensitive information. When working with technology suppliers, it is imperative to ensure that robust data security measures are in place. This includes encryption protocols, secure access controls, and regular security audits. Suppliers must be able to demonstrate their ability to protect client data from breaches or unauthorised access, complying with industry standards and relevant legislation such as the General Data Protection Regulation (GDPR).
Contractual protections
A detailed and carefully negotiated contract with the technology supplier is crucial. Key elements to include are:
- Service Level Agreements (SLAs): These define the performance expectations and the consequences of any failure to meet them.
- Confidentiality clauses: Ensuring that the supplier is legally bound to protect any sensitive information they may access.
- Termination clauses: Clear terms on how the agreement can be terminated, including provisions for the retrieval and secure deletion of data.
- Liability and indemnification: Clearly outline the responsibilities and liabilities of both parties, especially in the event of a data breach or other failure.
- Dispute resolution mechanisms: The contract should also include provisions for resolving disputes. These mechanisms can range from mediation and arbitration to specifying the jurisdiction in which any legal action must be taken.
Due diligence
Before engaging with a technology supplier, conduct thorough due diligence. This includes evaluating the supplier's financial stability, reputation, and experience in the legal industry.
References from other colleagues or businesses in highly regulated industries can provide valuable insights, and suppliers may be willing to put you in contact with existing customers. Additionally, assessing the supplier's track record regarding data breaches or compliance issues can help to identify potential risks.
Integration and compatibility
Where it is not replacing an existing system, the technology provided must be capable of integrating with it. Make sure to ask about integration and consider seeking expert advice during the supplier selection process, as compatibility issues can dramatically increase the cost of the project – or result in failure.
You should also interrogate the supplier's ability to offer ongoing support and updates, as technology evolves rapidly, and compatibility issues may arise over time.
Training and support
Technology adoption can only be successful if the team is adequately trained and supported to use the new tools. Suppliers should provide appropriate training and resources to ensure that employees can use the technology effectively and securely. Additionally, ongoing technical support is essential to address any issues that may arise post-implementation.
Cost and budget considerations
While cost should not be the sole factor in selecting a technology supplier, it is nonetheless a critical consideration. Law firms must weigh the cost of the technology against the potential benefits, ensuring that the investment will provide a return in terms of efficiency, productivity, or enhanced client service. Potentially overlooked costs such as additional fees for support or upgrades, should also be identified upfront.
Scalability
The technology solution should be scalable to meet the growing needs of the organisation. Whether the firm is expanding in size, handling more clients, or dealing with increasingly complex cases, the technology should be able to grow and adapt, with any additional investment easily identifiable.
Exit strategy
As technology evolves, new suppliers emerge and existing suppliers continually seek to innovate. For this reason, even where a supplier’s performance and pricing are satisfactory freedom of action to switch supplier if desired is an important competitive advantage.
Beyond the standard terms of the contract, you should consider the exit strategy before committing to a new supplier, including arrangements for continuity of service the transition, and the extraction or transfer of data.
By addressing these issues proactively, law firms can forge successful partnerships with technology suppliers, ensuring that the tools they adopt support their legal practice while safeguarding client confidentiality and compliance with regulatory standards.
Common technologies
The glossary below introduces emerging and established technologies used by legal professionals, along with relevant resources where available.
Artificial Intelligence
Artificial Intelligence (AI) is a branch of computer science that enables machines to perform tasks that typically require human intelligence, such as understanding language, recognising patterns, and making decisions. In legal practice, AI can automate routine tasks like document review and have been used to help predict case outcomes.
The Law Society has published useful information on AI, the AI Act, and key issues for practitioners to consider.
Assistive technology
Assistive technology refers to tools that can improve the accessibility and inclusion of persons with disabilities. An article produced by the Technology Committee offers an introduction to the concept, and highlights 10 potentially useful tools.
Blockchain
Blockchain is a digital technology for verifying transactions without the need for an authoritative intermediary. The technology is based on a growing list of records (blocks), whereby each block contains information about the previous block, effectively forming a chain so that the data in any given block cannot be altered retroactively without altering all subsequent blocks.
Case management systems
Case management systems are designed to allow for the management of a matter by your team from intake to completion of all work. A Practice Note from the Technology Committee provides advice on issues to be considered when planning and acquiring a CMS and contains a current list of potential suppliers to the legal profession.
Cyber security
Technology solutions for cyber security range from file encryption programmes and antivirus software to password vaults and email screening. Often, your IT provider will have recommendations on the most appropriate solutions for your organisation's needs.
eDiscovery
eDiscovery platforms are designed to sift through the large amounts of data involved in complex litigation to extract the most pertinent information and insights.
Knowledge management
Knowledge management is the principle of making previous work outputs, research and other information easily accessible when needed in the future. Knowledge management providers may offer this service to search and glean insights from digitised resources through their own dedicated platform, or integrate with your own.
Legal analytics
Legal Analytics are tools designed to extract valuable information from data within a system to allow for better decision making. They can be used to gain insight on internal matters, such as processes and time spent conducting different types of legal work, while certain companies offer predictive analytics solutions based on external data.
Legal research
A range of online tools and directories aim to make the process of legal research more efficient for practitioners. These may bring together judgments and other relevant information in a more searchable format, or offer concise summaries of decisions and legislation for practitioners.
One popular research tool, Lexis+, is now available for solicitors to use when they visit the Law Society Library.
