Future-proofing the profession: the impact of the technology law and practice committee

When I joined the Law Society of Scotland’s Technology Law and Practice committee in 2019, I expected to use my day-to-day knowledge as a technology lawyer to help provide guidance and information to the profession on technology matters. However, no one could have anticipated how instrumental the work of the committee would be over the following years, including assisting the profession to navigate some of the practical challenges of the Covid-19 pandemic. 

I was already chairing the Law Society’s working group on electronic signatures (an initiative of the committee), which was set up to provide guidance to the profession.

Fast forward to March 2020 and we realised that our work had become more urgent as lawyers dealt with the practical impact of trying to get documents signed when offices were closed and clients and lawyers were working from home. The working group, comprising private practice and in-house lawyers across a range of disciplines, accelerated its work and was able to publish a beta guide on 25 March 2020, barely a week after the start of lockdown. The guide to electronic signatures provides valuable advice to the profession on the laws that apply to the use of electronic signatures under Scots law and guidance on electronic signing. It has been updated regularly to reflect the availability of new functionality on signing platforms, changes in the law and evolving practice.

A number of practitioners have told me how useful they found the guide, with a focus on practical guidance rather than simply quoting the law. This shows how the committee’s work provides hands‑on value to colleagues across the profession.

While the guide to electronic signatures is perhaps the most memorable project during my time on the committee, looking back at what we have achieved over the last six years highlights the important role the committee plays in helping the profession to understand and manage the opportunities and risks associated with new technology.

For example, the committee has also updated its guides to topical issues such as cloud computing and cyber security and assisted with a guide on IT procurement.

Most recently, the committee has responded to the challenges of AI, through the creation of a guide to generative AI. The guide is intended to help practitioners understand the risks and opportunities of genAI and how this impacts the role of a lawyer and our professional duties.

The committee has also helped with consultation responses and sessions at the Law Society’s annual conference and other CPD events, in addition to being involved in LawscotTech. Members of the committee have also been part of the Scottish Government’s expert reference group on digital assets in Scots private law, which will likely lead to legislation to clarify how digital assets are treated under Scots law.

You don’t need to be a tech expert, the committee benefits from a wide range of perspectives, from private practice and in-house lawyers to those working in industry.

Technology will continue to evolve. The committee has a valuable and rewarding role to play in helping the Society’s members and the wider community understand how technology will impact their work.

If you have skills and expertise that can help us with that objective, whether as a lawyer or non-solicitor member, I encourage you to apply. Together, we can help future-proof the profession.