Modern Law Magazine Issue 66

ROUNDTABLE
ROUNDTABLE
How are technology advancements
shaping how the next generation of
legal professionals approach wills and
probate law?
Marie: In the last few years, there has been
significant technological advancement in private
client practice, and there is no sign of it slowing
down. These developments give the next generation
of legal professionals new, accessible tools and
services, enhancing their available resources and
efficiencies. As a result, the next generation of
legal professionals will be able to offer their clients
increased expertise, flexibility and accessibility.
Technology tools and platforms, now more easily
accessible to the client, on mobiles and desktop,
have led to an increase in online social and financial
asset profiles.
Legal professionals are now more commonly
considering and dealing with assets and investments
in the digital domain, as part of estate planning and
administration for their clients. It is therefore vital
that next-gen practitioners understand the ongoing
advances in technology and digital asset handling,
keeping their knowledge current, as regulation and
legislation catch up with consumer demand.
There is also, a slightly darker side to be considered
in conjunction with these technological advances,
including identify theft, undue influence and fraud,
which pose a constant if not rising challenge. The
balance of positive and negative exploitation of
technology means the next generation of legal
professionals will need a greater awareness of its
risks and the necessary protections.
Dominic: Since the pandemic, the use of online
learning platforms has increased exponentially,
including in the professional learning space.
Pre-covid, a Wills and Probate solicitor would
secure their CPD via a mixture of in-person events
and learning modules provided by their firm.
However, the pandemic forced the wider adoption
of virtual training technologies a lot quicker than
were ever planned or predicted. Technology
companies and training providers were able to
quickly adapt and develop their platforms to
synergise with the new landscape of working from
home and communicating with colleagues and
clients in lockdown. Subsequently, webinars, Teams
calls, online seminars and Zoom forums all quickly
became the day-to-day norm.
“Exploitation of technology means
the next generation of legal
professionals will need a greater
awareness of its risks and the
necessary protections.”
The advancement and increased uptake in virtual
communications for training have provided a
new level of flexibility for users as they are able
to watch recorded content at any time and it
has removed the difficulty and potential loss
of fees on hours of travelling to venues. Thus,
post pandemic, instead of reverting back to
the sole use of conferences for CPD, legal firms
are complementing the traditional in-person
conferences for their staff alongside online learning
options – offering the increased networking and
engagement that comes with an in-person event
with the flexibility and adaptability from webinars.
And what about the next generation of wills and
probate professionals? Chances are that, thanks
to the pandemic and advancements in virtual
learning, any newcomers joining the industry will
have acquired most of their education via online
tuition and remote learning resources. For them,
virtual learning will be the norm from the start and
the next generation of professionals will therefore
find it easier to adopt this as their main platform
for CPD as they progress through their careers.
As a business with a training platform specifically
for Private Client practitioners, we have seen how
the adoption of virtual learning is not slowing
down. Feedback suggests that being able to watch
recorded courses in their own time and get ahead
of their peers is a huge bonus to online learning as it
means they can do as much or as little as they wish
without relying on their firm to organise and pay.
When it comes to professional development, there
is undoubtedly a place for in-person conferences
in the Wills & Probate sector due to the interaction
between trainer and trainee as well as the wider
networking it provides. However, the training via
virtual means within Private Client law is clearly not
diminishing and trends suggest it will become the
‘go-to’ as the next generation of solicitors advance
in the industry.
As the legal landscape evolves, what
skills beyond traditional legal knowledge
are becoming essential for success in the
modern wills and probate sector?
Dominic: Lawyers know the law. At Estate
Research we are genealogists and know
genealogical research. We are regularly asked by
members of the public to offer legal advice or
comment on how a law applies to their situation.
Our answer is always the same; speak to an
expert, speak to a lawyer.
In the course of administering an estate solicitors
will need to deal with many things that are outside
of their expertise and may be outside of their
indemnity. This can be anything from having to
sell or transfer a property overseas, to clearing
an empty property, to correctly identifying all
beneficiaries entitled under a Will or under the
rules of intestacy. Regardless of the challenge,
solicitors would always be best knowing where to
turn to consult an expert in that field.
We have seen numerous cases where solicitors
have tried to deal with matters themselves leading
to problems. We have seen cases where empty
properties were not properly insured and so the
estate was devalued after vandals caused damage
to the property ,we have seen solicitors have to
write off fees as they did not check adequately if
there was a Will and we have seen far too many
cases where solicitors have not correctly located
beneficiaries to estates prior to distribution.
Practitioners should always ask themselves:
· Am I the expert in this?
· Am I insured to undertake this task?
If the answer to either is no, or they have any
doubts, speak to an expert in that field.
“It has never been more of a
challenge to work out who
should be entitled to an estate.”
“Constructively sharing positive
and negative practice experiences
with the next generation of legal
professionals is extremely valuable.”
Marie: Many private client practitioners may agree
that providing excellent client service has always
required an extensive and varied skill set – not just
traditional legal skills. As clients negotiate significant
financial, technological and socio-economic
changes, practitioners may wish to enhance their
skills and grow their technical knowledge, taking
advantage of the new and emerging efficiencies
available to them and their clients.
Collaborative skills have always been necessary, but
as continuing process delays affect the profession,
centralised and increasingly connected software
brings new value. It can increase an organisation’s
visibility and accessibility, so enabling it to
maximise progress by working collaboratively
across internal teams and external stakeholders.
Mentorship and knowledge transfer
are crucial for preserving the wisdom
of experienced practitioners. How can
seasoned professionals’ best mentor and
guide the next generation of lawyers
entering the wills and probate field?
Marie: Constructively sharing positive and
negative practice experiences with the next
generation of legal professionals is extremely
valuable. Creating and developing honest and
open environments, in which experienced and
new legal professionals can share experiences and
discussions, will encourage and spark progress
across the profession. These environments inspire
innovative ideas and build confidence.
New perspectives are constructive, and knowledge
transfer can run in both directions, no matter the
level of experience.
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