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29 July 2016 / Robert Spicer , Polly Lord
Issue: 7709 / Categories: Features , Profession , Technology
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Man v machine

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Robert Spicer & Polly Lord issue a riposte to the legal industry’s current rush to IT

We are currently experiencing significant pressure by academic lawyers and information technology companies towards the increased computerisation of the English legal system. This rush to IT ignores the reality of everyday legal practice, particularly with reference to vulnerable clients. It can display an astonishing ignorance of human relationships in general and workplace issues in particular. The rush appears to be based on the assumption that clients are computer-literate, that hardware and software function perfectly, that computers have caused them no harm and that the electricity will keep flowing.

The client’s interests

The key question in this context is: “What is in the best interests of the client?”

Of course, it is clearly in the client’s interests to be charged for half an hour’s internet research into relevant statutes and cases, rather than half a day’s hard copy library research. But this is only a very small part of serving the client’s interests.

To take the example of a

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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