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Convincing your client
THE COMPUTER LAW AND SECURITY REPORT
2 CLSR
READERS'REPORT Finally, from where I stand, I believe that the legal profession must not only provide relevant courses in computer taw for its new recruits, it must also make sure that the profession in situ gets the retraining it needs in this area. The profession has entered a period of evaluation and reorganisation and it is hoped that from this exercise will emerge lawyers who are on top of their subject, understand the needs of their clients, can speak the appropriate language of computer technology and apply the law with creative vigour.
New Curricula for Lawyers? Dear Sir, If one needed evidence that new technology has produced novel legal and technical problems, it can be found in the emergence of The Computer Law & Security Report. As a computer contracts consultant and freelance contracts negotiator, I would like to highlight some of the problems I have encountered in the course of my work and to indicate the problems I anticipate.
Yours sincerely,
Ulric Coker House Martin Legal & Business Services
My first concern relates to the failure on the part of the legal profession to adapt its curriculum in the light of new technology. In the course of my work, giving advice to both buyers and suppliers, I am continually astonished at the general ignorance of High Street solicitors when faced with a client with a computer law problem. It can be extremely frustrating if, during the course of contract negotiations in relation to a software licence, the other side insists on applying general principles of contract law with little regard to the specific nature of the licence itself. In this respect I add my voice to those who are pressing the legal profession to bring itself up to date with computers and electronic technology generally.
Convincing your client Dear Sir, I read with interest a recent article in "Computer Weekly" by Stephen Saxby noting his concern about the lack of legal expertise in computing matters available to users in the UK. He is indeed right in his supposition that people will turn to computer consultants for advice about legal matters--I have had many such enquiries myself which I cannot properly handle, since I have no real expertise in legal affairs. Of course one does one's best, but this is no substitute for advice from a properly-knowledgable person. I would support your plea for more legal specialists in this area--perhaps who could be called upon by computer consultants such as myself to advise clients on issues which may be legally unclear or dubious (who does understand all the ramifications of the Data Protection Act, anyway!).
The second problem is the uncertainty involved in applying the law to computer law problems. There is little case law or clear direction, for example, in relation to the legal sanctions that arise in respect of 'computer crimes'. My opinion is that there needs to be a revision of the law applicable to all offences concerning dishonest behaviour, designed to combat and encompass crimes committed with the assistance of or misuse of computer technology. It is extremely difficult to apply the charges listed under the Theft Acts, since obviously computer crime was never anticipated as a threat at the time the Acts were drafted. Furthermore, due to the expense of bringing a civil action and the relative difficulty in finding case law that is applicable, it is extremely difficult to provide sound advice in connection with civil remedies.
I would also say that in my experience one of the most difficult problems a consultant may face is convincing a client that the law has a bearing on his computing activities at a l l . . . Perhaps you have some ideas about client education in this respect as well. If so I should be most interested to hear about them! I think there is undoubtedly a need for such bodies as the BCS and IDPM to take a much more active rSle to alert both users and IT professionals to possible legal pitfalls: maybe we could cooperate in a joint approach on this?
Thirdly, I am frequently asked by programmers and software houses what the legal position is regarding software protection by copyright. Although legislation appears now to be going through Parliament, a lot of problems still remain which legal training should address that is unless the profession is willing to see clients move over to computer consultants for advice on these issues on the basis that at least they understand the subject matter that the client is talking about.
Yours sincerely
Gareth Bennett Computer Systems Consultant.
28
2 CLSR
READERS'REPORT Finally, from where I stand, I believe that the legal profession must not only provide relevant courses in computer taw for its new recruits, it must also make sure that the profession in situ gets the retraining it needs in this area. The profession has entered a period of evaluation and reorganisation and it is hoped that from this exercise will emerge lawyers who are on top of their subject, understand the needs of their clients, can speak the appropriate language of computer technology and apply the law with creative vigour.
New Curricula for Lawyers? Dear Sir, If one needed evidence that new technology has produced novel legal and technical problems, it can be found in the emergence of The Computer Law & Security Report. As a computer contracts consultant and freelance contracts negotiator, I would like to highlight some of the problems I have encountered in the course of my work and to indicate the problems I anticipate.
Yours sincerely,
Ulric Coker House Martin Legal & Business Services
My first concern relates to the failure on the part of the legal profession to adapt its curriculum in the light of new technology. In the course of my work, giving advice to both buyers and suppliers, I am continually astonished at the general ignorance of High Street solicitors when faced with a client with a computer law problem. It can be extremely frustrating if, during the course of contract negotiations in relation to a software licence, the other side insists on applying general principles of contract law with little regard to the specific nature of the licence itself. In this respect I add my voice to those who are pressing the legal profession to bring itself up to date with computers and electronic technology generally.
Convincing your client Dear Sir, I read with interest a recent article in "Computer Weekly" by Stephen Saxby noting his concern about the lack of legal expertise in computing matters available to users in the UK. He is indeed right in his supposition that people will turn to computer consultants for advice about legal matters--I have had many such enquiries myself which I cannot properly handle, since I have no real expertise in legal affairs. Of course one does one's best, but this is no substitute for advice from a properly-knowledgable person. I would support your plea for more legal specialists in this area--perhaps who could be called upon by computer consultants such as myself to advise clients on issues which may be legally unclear or dubious (who does understand all the ramifications of the Data Protection Act, anyway!).
The second problem is the uncertainty involved in applying the law to computer law problems. There is little case law or clear direction, for example, in relation to the legal sanctions that arise in respect of 'computer crimes'. My opinion is that there needs to be a revision of the law applicable to all offences concerning dishonest behaviour, designed to combat and encompass crimes committed with the assistance of or misuse of computer technology. It is extremely difficult to apply the charges listed under the Theft Acts, since obviously computer crime was never anticipated as a threat at the time the Acts were drafted. Furthermore, due to the expense of bringing a civil action and the relative difficulty in finding case law that is applicable, it is extremely difficult to provide sound advice in connection with civil remedies.
I would also say that in my experience one of the most difficult problems a consultant may face is convincing a client that the law has a bearing on his computing activities at a l l . . . Perhaps you have some ideas about client education in this respect as well. If so I should be most interested to hear about them! I think there is undoubtedly a need for such bodies as the BCS and IDPM to take a much more active rSle to alert both users and IT professionals to possible legal pitfalls: maybe we could cooperate in a joint approach on this?
Thirdly, I am frequently asked by programmers and software houses what the legal position is regarding software protection by copyright. Although legislation appears now to be going through Parliament, a lot of problems still remain which legal training should address that is unless the profession is willing to see clients move over to computer consultants for advice on these issues on the basis that at least they understand the subject matter that the client is talking about.
Yours sincerely
Gareth Bennett Computer Systems Consultant.
28