29 July 2016 · LawTalk 893
From the Law Society
Keeping up with technology Last week we heard that New Zealanders are among the highest users of broadband for entertainment in the world. I am not sure whether this is necessarily an accolade. But it certainly indicates a trend. It is no longer optional for lawyers to keep up with changes in the law and its practice “including the benefits and risks associated with relevant technology”. This was a new addition in the latest update to the American Bar Association’s (ABA) Model Rules of Professional Responsibility. In New Zealand we have not prescribed in the rules for the profession – the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 – detail about how lawyers must maintain an adequate level of knowledge and competence as to technology. However, the fact that lawyers must do this is underscored in rule 3.9, which says under the heading “Continuing education”: “A lawyer must undertake the continuing education and professional development necessary to ensure an adequate level of knowledge and competence in his or her fields of practice”. While we leave it to lawyers to evaluate the level of knowledge and competence they need to acquire, it would be useful for us all to carefully consider the advice the ABA gives about keeping up-to-date with relevant technology. Technology is playing an increasing role in the delivery of legal services. That is not only happening overseas, but in New Zealand as well. This issue of LawTalk has quite a theme related to technology. It looks at how our legal educators are responding to developments in the area. It also looks at such questions as “can robots be lawyers?” and “can and should robots be judges?” It looks at an artificial intelligence attorney called ROSS, which is being used by United States law firm Baker & Hostelier to carry our research in its bankruptcy practice. In New Zealand, too, we have a number of examples of lawyers employing new technologies in the provision of legal and dispute resolution services. To give just two examples: ▪▪ We have CODR, which stands for Complete Online Dispute Resolution. Established by former SolicitorGeneral Mike Heron QC, CODR describes itself as an “expert online dispute resolution system”. ▪▪ We have LegalBeagle providing what it describes as “easy online legal services”. LegalBeagle has been developed by Claudia King, a business lawyer and Managing Director of New Plymouth firm Dennis King Law. It makes legal services and documents available and accessible online. Technology is already bringing change to the provision of legal services in New Zealand and around the world. Our clients are using technology and we cannot avoid it. For those of us who embrace innovation and continuing improvement, these are interesting and exciting times. For all of us, technology is bringing change that has the potential to enable us to better serve the people of New Zealand who engage us as their trusted professional advisers. It is, therefore, incumbent upon us to keep up with the changes, including the benefits and the risks that are associated with relevant technology. Christine Grice New Zealand Law Society Executive Director
5