ICT is transforming the legal profession in several ways:
1. Technology is being leveraged to deliver legal services more efficiently through tools like video conferencing, online legal communities, e-libraries and case management systems.
2. The rise of e-commerce requires new approaches to legal documentation and dispute resolution, like online dispute resolution and smart contracts on blockchain.
3. Certain routine legal tasks like company formation and basic legal research may become automated, but complex legal work requiring judgment and nuance will still need human lawyers.
The future legal profession is uncertain but will likely see subscription pricing models, an emphasis on technology skills, and changing roles for legal professionals and tools.
ICT and the transformation of the legal profession
1. ICT AND THE TRANSFORMATION OF
THE LEGAL PROFESSION
SEYI ONI
2. History of the Legal
Profession
• In ancient societies, every person was required to
plead his or her own case. The first lawyers arose as
an unregulated group of “advocates” who were skilled
in rhetoric and would plead on behalf of others.
• The earliest people who could be described as "lawyers
" were probably the orators of ancient Athens.
• Lawyers have been the prime sources of legal
knowledge and services.
3. The Guilds of the Middle Ages
• Competition between members was regulated by fixed
pricing policies - advertising and price cutting was banned.
• Illicit trading by non Merchant Guild members was banned.
• The number of Guild masters and members of guilds were
restricted to ensure there was sufficient business for each
of the guilds.
• The guilds failed because they were perceived to negatively
affect quality, skills, and innovation.
4. IMPACT OF ICT ON LEGAL PRACTICE
01 Leveraging technology to deliver legal services
02 E-Contracts
03 Dispute Resolution
04 ICT Law Discipline
05 Legal Documentation
06 Online Legal Communities
5. How ICT has Transformed Legal Practice
Client Interaction
• Electronic
Communication
(Video Conferencing,
Emails)
• Client Management
Tools
Law Office
Operations
• Law Firm Websites
• Case Preparation
• Virtual Offices
• Client Billing
• Practice
Management Tools
Court Operations
• Electronic Case
Management
Systems
• Cyber Forensics
Research
• E-Libraries
• Electronic
Precedents
• Online Reporting
6. E-CONTRACT ENVIRONMENT
Unlike other commercial
transactions, the
relationship between parties
does not end once initial
performance has taken
place
IT Contract Relationships
With continual technological
advances, more innovative
ways are being found to share
development and marketing
risks and distribute products
and services.
Innovative Business Models
Hardware and software have
become low margin
commodity likely to be
supplied on standard T&C.
Commoditisation
The Computer has become a
web of interconnected devices
in constant use, embedded
into everything
IT UBIQUITY
Through advances in
technology, information may
be easily collected, collated,
organized and structured.
The Growth of Information
IT has long been an
international industry, with
technology enabling
independence from physical
locations.
Internationalisation
TERMS & CONDITIONS
7. CONTRACT ELEMENTS
CONSIDERATION
INVITATION TO
TREAT
OFFER
ACCEPTANCE
INVITATION TO TREAT
In conventional retail, the display of products on shelves
only constitute an Invitation to Treat. In E-Commerce,
this concept is also represented by the display of
products on the website.
OFFER
The consumer ‘browses’ the available goods and
services displayed on the vendor’s website and then
‘chooses’ what he would like to purchase.
The acceptance is most times undertaken by the
business/ vendor after the offer has been made by the
consumer in response to the invitation to treat. This can
be indicated by the actual delivery of the product.
ACCEPTANCE
In most e-commerce transactions, the process of
effecting the consideration is automated and carried out
by a 3rd party payment provider. This in itself poses some
challenges.
CONSIDERATION
8. Online Dispute Resolution
• The real driver for ODR is E-commerce.
• E-commerce makes it possible for transactions to take place across various countries. The
trans-border nature of E-commerce therefore brings complications into the adjudication of these
transactions.
• Unlike other dispute resolution processes, ODR is a fast, efficient, flexible, and inexpensive
mechanism for handling e-commerce disputes, both at the domestic level and across borders.
• ODR processes provide businesses and consumers with a simple and reliable process through which
to resolve conflicts arising out of their online interactions.
• Disputes arising in the online context vary considerably and are often extremely difficult for courts to
handle for the following reasons-
• the high volume of claims;
• the contrast between the low value of the transaction and the high cost of litigation;
• the question of applicable law; and
• the difficulty of enforcement of foreign judgments
9. • The Neutral in
Online Dispute
ResolutionAllow parties
present their
Positions
Help parties
to find a
common
ground and
narrow the
scope of the
dispute
Assess the
relative
strengths and
weaknesses
of
each parties'
position
Help the
parties
explore the
possibility of
a settlement
10. The Role of the Lawyer in ODR
• 'It should not be thought, merely because the online court may be designed in
a way which enables people to litigate without lawyers, that lawyers are intende
d to be excluded from it. Not at all. Such a design would, however, encourage
barristers and solicitors to provide unbundled and therefore more affordable
services to those thinking of using the online court.’- Lord Justice Briggs, Court
of Appeal of England and Wales.
11. • Contract Law
• Consumer Protection Law
• Criminal Law
• Patent Law
• Copyright Law
• Trademark Law
• Banking Law
• Privacy and Data Protection Law
• Intellectual Property Law
• Tax Law
• Telecommunications Law
• The Law of Evidence
ICT Law Discipline There is no single body of law which
can be called ICT law. It is a distinct
field of law that comprises elements
of various branches of the law,
originating under various acts or
statutes of Parliament and the
common law.
12. Legal Documentation
Contract Lifecycle Management Tools:-
• Legal departments can streamline the
contract creation process by automating the
drafting, review, and management of legal
documents
• A global repository securely stores and
manages entire contract portfolio.
• Powerful, accurate, and instant AI-driven
data capture makes importing legacy and
third party agreements easy.
• Universal Contract Model uniformly maps
all data from every contract type.
DIY Legal Services:-
• Can be used by non-lawyers to
generate simple agreements and docu
ments
• Can be used by non-lawyers to carry
out other legal services such as
company incorporation, land
registration, etc.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27. Smart Contracts
Mostly used more
specifically in the
sense of general
purpose
computation that
takes place on a
blockchain or
distributed ledger.
Aims is to provide
security that is
superior to
traditional contract
law reduce other
transaction costs
associated with
contracting.
Computer
protocol intended
to digitally
facilitate, verify, or
enforce the
negotiation or
performance of
a contract
A blockchain-
based smart
contract is visible
to all users of the
blockchain. Leads
to a situation
where bugs are
visible to all but
may not be
quickly fixed.
Help you exchange
money, property,
shares, or anything
of value in a
transparent, conflict
-free way while
avoiding the
services of a
middleman
29. What does the
future hold for the
Lawyer?
01
Globalisation and
Liberalisation of Legal
Practice.
02
The lawyers of the future
must understand the
technology and its
Limits.
Company Formation,
basic research, drafting
of wills and simple
contracts will gradually
be automated.
For the legal profession,
trust, diligence and
'good judgement' have
been watchwords .
03 04
05
Traditional Lawyers could be replaced by
advanced systems or less costly workers
supported by technology or standard
processes; or by lay people armed with
online self- help tools.
30. The Law Firm of the Future
Business
Focus
Subscription
Pricing Staffing
Technology will allow
firms to adapt to
changes in the market,
constantly improve
efficiency, and track
new success metrics
Law firms will
gradually move toward
flat rate subscription
pricing.
Law firms will employ
coders to manage
their tech systems and
customer satisfaction
managers to provide
concierge-level
attention to clients.
31. "It's hard to predict what the
profession will look like in 10 years
because there are so many forces
at work. We know it will look very
different from what it does now."
- James G. Leipold (executive director
of the National Association for Law
Placement)
Conclusion