Information Technology and Legal Misconduct

This report examines the intersection of information technology and professional misconduct within the legal profession. It begins by outlining the standards of conduct expected of legal practitioners in Australia, emphasizing the paramount duty to administer justice and maintain professional integrity. The report then delves into the significant role of information technology in modern legal practice, highlighting both its benefits (improved efficiency, access to information) and its challenges (potential for misconduct, data security risks). The core argument centers on the idea that the increasing reliance on technology in legal work means that failure to utilize or properly manage technology can constitute professional misconduct. Examples are given to illustrate how inadequate use of technology can lead to breaches of duty of care and compromise client interests. The report concludes by emphasizing the importance of legal professionals staying abreast of technological advancements and adhering to ethical standards in their use of IT to avoid professional misconduct.

INFORMATION
TECHNOLOGY AND
PROFESSIONAL
MISCONDUCT

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................1
STANDARDS OF CONDUCT ......................................................................................................1
INTER- CONNECTION OF TECHNOLOGY AND LEGAL PROFESSION..............................3
PROFESSIONAL MISCONDUCT.................................................................................................5
CONCLUSION................................................................................................................................6
REFERENCES................................................................................................................................7

INTRODUCTION
If the world had to single out any profession, in the area of lagging behind in
technological advancements, it would have been the legal professional. These practitioners of
this profession were known for their love towards documenting the papers and their inclination
towards reading books. The process of adaptation of the method of communicating through
emails required the industry to consume many years. However, in the recent past, it can be
observed that the legal professional have embraced all the possible technological developments,
and enabled themselves to explore the potential to a maximum level. This adaptation has been
made to an extent that usage of these developments is a necessity in the present era, and non
usage of the same may amount to professional misconduct.
STANDARDS OF CONDUCT
The paramount duty imposed on all the legal professionals is towards administration of
justice and conducting themselves in the best manner in the court. These prevails over each and
every obligation which are imposed on the lawyers or solicitors, and can be characterized as
extremely broad in nature. However, some of the elements under them require the practitioners
to conduct themselves in a manner which provides competent assistance to the courts in
undertaking all the processes as well as promote the confidence which shall be placed on the
court. All the legal practitioners of the nation shall necessarily be well versed with the Australian
Solicitor's Conduct Rules 2015, in order to devoid themselves from involving in professional
misconduct. It is specifically required by the rules that the solicitors shall not act in dishonest or
disreputable manner, or any such act which indicate towards his/her unsuitability towards for
profession (Davenport, 2013). In accordance to Rule 4 every possible effort shall be undertaken
by the practitioner which has the potential to avoid compromises in respect to the integrity of the
profession as well as the independence. In the case of Halliwell v. Kraft (1990) it was recognized
by the court that solicitor's work is often undertaken under extreme pressure situations, which
can be result from shorter deadlines, tedious court procedures or appearances and maintaining
client relationship. However, it was further held that even after working in such conditions, all
the solicitors are subject to the same standards of conduct in their professional capacity. Further,
the case of Milera v. Korber (1986) was another judicial comment which upheld the application
of the Standard of Conduct, equally on all the legal practitioners of the nation.
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In the case of Collie v. Police (2002) it was recognized by the court that maintenance of
comprehensive and specific notes in respect to daily dealings is extremely imperative and can be
a component of maintaining standard of conduct. Conducting oneself in an unsatisfactory
manner can result into adverse judicial observations, which in turn may leads to a case of
professional misconduct. Maintenance of professional integrity occupies to be an imperative
place for the practitioners in order to perform in an effective manner. In the case of Hatcher v.
Police (2006) the court reiterated that abiding by simple or day to day activities in an efficient
manner amounts to adherence by the standard of professional conduct. Some of the mandatory
principles which are imposed on the legal practitioners are to preserve the rule of law and
administer justice in the most effective manner possible. Every solicitor shall act with utmost
integrity and in no circumstance compromise their independence. Further, they are under an
obligation to act in the best interest of their respective clients, which in addition require them to
provide services which satisfy the quality standards (Orlikowski and et.al., 2016). They shall
always conduct themselves in a manner which does hamper trust which the public places on
legal services, and in addition, always stay compliant of the legal as well as regulatory
obligations. Moreover, the rules also mandate the practitioners to carry on their profession in an
effective manner and manage the risks efficiently. This also requires them to apply business
prudence which a reasonable practitioner would have in related circumstances.
It can be deducted from the above obligations that one of the primary obligations
imposed on the legal practitioners is towards the client. First and foremost, every client has the
right to be treated in a fair manner, and receive services which are capable of protecting their
interests and administer justice to the maximum extent possible. Moreover, the services shall be
competent enough to act in the stipulated manner and make delivery of commitments in a timely
manner. In the case of Milera v. Korber (1986), it was held by the court that every act of the
legal practitioner which in any way affects the quality of work being delivered or hampers the
interest of client shall be be considered as breach of the Standards of Conduct. The insufficiency
of efforts from the end of a solicitor, clearly falls within the scope of professional misconduct.
This judicial opinion has been reiterated several times, and in context with the advancement of
the surrounding circumstances. One of the most important developments has been in connection
with the technological revolution and its relation with the legal profession (Australian Solicitors’
Conduct Rules, 2017). It is important to note that in the modern times, technology plays an
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extremely instrumental role, to the extent that non-usage of the same, may even amount to
professional misconduct. However, before understanding this concept of professional
misconduct, it is necessary to understand the importance and varied roles played by information
technology in the legal profession.
INTER- CONNECTION OF TECHNOLOGY AND LEGAL PROFESSION
Information Technology or IT has grown significantly over the period of time. It has
made a remarkable impact on the functioning of each and every organization. All the personnel
or professionals are devised to the use the IT in making transactions. IT is an system through
which people or professionals exchange relevant data at the appropriate time and place. It is a
web based system which transmit the message from the sender to the receiver (Aykin, 2016). It
has played a crucial role in the success of organization, education, banking industry and rest
other field. Its major function is to communicate the information to diverse users. Along with
that data management is also done so as to access the information in the later course of action.
The impact of use of IT has also been witnessed on the functioning of legal practitioners.
There is a love hate kinship between technology and legal professionals. It has been analysed
that numerous of business entities suffered a loss due to the significant growth of online
providers. The lawyers are the only ones that has still not been affected by the radical and drastic
online revolution. However, it has been assessed that the Australian legal practitioners are at the
flap of massive commotion. With the advancement of technology, lawyers are also deemed to
make the use of online websites and provide services to the customers via the means of online
system.
Nonetheless, there is one greater advantage of IT to the lawyer practitioner. These
includes, quick access to all the information and knowledge bases. It can be in any form whether
the data is regarding case laws, internal organizational knowledge of legislation.
Information management system and websites integrated micro organization as well as
hyperlinking of knowledge. It has a significant impact in the manner the lawyer ascertains and
interacts with the key elements or variables of its work (Technology and the law firm of the
future, 2015). These technologies has established in such a manner that the Australian lawyers
are unaware about its benefits. Moreover, with the high usage of wireless devices, the
information or knowledge is also available through mobile phones. This will forefront the true
skills of lawyers.
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No matter whatever may be the benefits of IT on the legal practitioners of Australia but it
seems to be quite disruptive as well. The current profits or revenue of the prevailing incumbents
will be affected negatively. Whilst the agile or fresh start-ups is more likely to seize the market
share. The money or revenue made by the legal practitioners using simple legal activities is
more likely to be commoditized (McGinnis and Pearce, 2014). These firms will be stuck between
selecting either low volume or high bespoken services. It is a major trouble for the professionals
that are stuck in between.
Laws is mainly concerned with collecting information and applying the same. If the
activities are commoditized then legal professionals are more at the clemency of factors. These
may either be in the form of scarcity, price and sensed value. With the advancement in the
technology, these professionals are at the urge to loose a major of their business due the public
exposure of information. While on the other hand, there are some legal practitioners that has
argue of being immune and safe from the practices may face trouble convincing their clients as
well (Lloyd, 2014). Therefore, information technology has a disruptive role or impact on the
legal practitioners of Australia.
After the above discussion on the role of IT and the current need to protect the
information, emphasize is being laid to introduce technological standards in the legal field as
well. It has been assessed that in the current era technology practices and standards will be made
mandatory for all the professionals which will assist in prevent the leakage of information. These
standards and regulations will not allow any individual top escape out from any situation.
Moreover, implication of such rules and regulations in law practices will effect the operations of
lawyers. They will be not allowed to share any information regarding the past acts and personal
information of the client to other parties. This will helps in promoting appropriate practices and
standards in the nation thereby preventing fraud and other activities prevailing in Australia.
A major example of the same is American Bar Association wherein the Leader has
modified its rules related to professional conduct so as to display the real impact of technology in
law field (Sheikh, Sood and Bates, 2015). The rule restricts the lawyers of the association to
make the use of IT in practices and will imply all the benefits and risk associated with same.
However, they are required to ensure that no information shall be leaked in an unauthorized
manner.
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However, till now on there is no guidance that has been incorporated in Australia
regarding technology evolution. Michael William a senior partner at Tobin + Gilbert, has given
the warning that legal practitioners will be forced to use technology in regards to practise law.
He has also depicted another statement that it is possible that the professional bodies can install
certain technologies in future so as to assure that these practices are properly implemented
(Peltier, 2016).
From the above discussion, it can be predicted that no matter whatever may be the
advantages of IT on different industry but it is more likely to affect the legal practitioners in a
negative manner. There will be a time in Australia wherein proper technologies will be installed
so as to assure that unauthorized used of information is not made in any field.
PROFESSIONAL MISCONDUCT
As discussed in the earlier section, a highly instrumental and indispensable role is played
by information technology in the manner the legal profession of the current time is functioning.
It has been imbibed in their practice in such a manner that non-usage of the same may lead to
inefficiencies. Hence, these results in turn shall make a compromise on the interests of the
clients, which in essence shall be breach of the 'duty of care' towards the clients. It can be
implied from the mentioned circumstances that these acts clearly amount to professional
misconduct (Vaishnavi and Kuechler, 2015). Certain aspects of the legal profession are so much
dependent on technology, that non-usage of the same may result into results which are
unacceptable or cannot be relied upon. There are circumstances wherein the concerned aspect of
the profession cannot be carried out at all. It is interesting to know that information technology
has revolutionized the legal profession both in terms of the cases which are being encountered
and the manner in which litigation is being undertaken. The varied aspects of legal profession
such as drafting, researching, investigation, documentation, communication and so on, are to a
major extent dependent on the technology. It tends to accomplish the mentioned acts in a
speedy as well as efficient manner, and this accounts for one of the biggest gains of information
technology. However, it is also attached with certain demerits which are in the form of
increasing number of digital crimes (Legal Professional Ethics, 2017). This further imposes an
obligation on the solicitors to stay aware of these crimes and be prepared with the concerned
defences.
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Technology plays an extremely instrumental role, to the extent that non-usage of the
same, may even amount to professional misconduct. For instance if a solicitor undertakes
investigation and research for a particular case and does not make use of technology in the form
of online research, then there exists high probability that the resulting outcome is not adequate
and is devoid of some recent incidents/cases which are not available offline. In such a case, the
the solicitor has failed to conduct himself in a manner which is in the best interest of the client,
and has rather caused harm. This is a clear case of breach of duty of care towards the client,
which is imposed by the Standard of conduct, and hence, amounts to a professional misconduct.
Therefore, it can be implied from the stated hypothetical example that information technology
has been ingrained in the legal processes, and non-usage of the same accounts for insufficient
efforts from the end of legal practitioners (De Haes, Van Grembergen and Debreceny, 2013).
Moreover, this can also be termed as provision of inadequate services to fulfil the rationale of the
case. The rules embodied in the standards of conduct also requires the solicitors to possess all the
relevant resources, skills and procedures required in order to carry out the instructions of client in
an efficient manner. This further implies that non-application of technology in relevant situations
is also a breach of the above mentioned rule. The rationale behind the same is that the legal
practitioner by not using technology is not applying adequate resources and skills which he
should have to administer justice and act in the interest of client (Shapiro and Varian, 2013). This
implies a clear situation of compromising the needs and demands of a client from the lawyer-
client relationship, and hence, amounts to professional misconduct.
CONCLUSION
The legal profession and the law firms have ingrained the technological advancements in
their processes and procedures. This adaptation has been made to an extent that technology has
become indispensable for the legal practitioners to carry out their obligations and duties in an
effective manner. Forensic Audits, Data Analysis, Research and administration are some of the
specific areas of intersection of the two fields. Non-usage of technology for some of these
processes shall not deliver results which match up with the standard quality of work, and would
amount to a professional misconduct on part of the legal practitioners. Hence, a highly
imperative role is played by information technology in the legal profession.
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REFERENCES
Books and Journals
Aykin, N. ed., 2016. Usability and internationalization of information technology. CRC Press.
Davenport, T. H., 2013. Process innovation: reengineering work through information
technology. Harvard Business Press.
De Haes, S., Van Grembergen, W. and Debreceny, R. S., 2013. COBIT 5 and enterprise
governance of information technology: Building blocks and research opportunities.
Journal of Information Systems. 27(1). pp.307-324.
Lloyd, I., 2014. Information technology law. Oxford University Press, USA.
McGinnis, J. O. and Pearce, R. G., 2014. The great disruption: How machine intelligence will
transform the role of lawyers in the delivery of legal services.
Orlikowski, W. J. and et.al., 2016.Information technology and changes in organizational work.
Springer.
Peltier, T. R., 2016. Information Security Policies, Procedures, and Standards: guidelines for
effective information security management. CRC Press.
Shapiro, C. and Varian, H. R., 2013. Information rules: a strategic guide to the network
economy. Harvard Business Press.
Sheikh, A., Sood, H. S. and Bates, D. W., 2015. Leveraging health information technology to
achieve the “triple aim” of healthcare reform. Journal of the American Medical
Informatics Association. 22(4). pp.849-856.
Vaishnavi, V. K. and Kuechler, W., 2015. Design science research methods and patterns:
innovating information and communication technology. Crc Press.
Online
Australian Solicitors’ Conduct Rules, 2017. [Online]. Available through
<http://www.lawcouncil.asn.au/lawcouncil/lca-divisions?id=152>. [Accessed on 23rd
January 2017].
Legal Professional Ethics, 2017. [Online]. Available through
<http://www.lsc.sa.gov.au/dsh/ch02s01.php>. [Accessed on 23rd January 2017].
Technology and the law firm of the future, 2015. [Online]. Available through:
<https://www.hcalawyers.com.au/blog/technology-and-the-law-firm-of-the-future/>.
[Accessed on 23rd January 2017].
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