Digitisation in legal probate - will it stick?
Sound technology has been a pillar of success for many modern-day businesses across the last few decades, yet the legal sector has been renowned for somewhat lagging behind, until COVID-19 forced firms to adapt.
It’s fair to say that all law firms, to some extent, have upped their tech usage across the past two years but technology wasn’t a stranger to the industry pre-March 2020, so why did many refuse to adopt, and will the post-pandemic world see the succession of old ways of working, or will technology conquer all?
This blog explores how the Wills & Probate sector has adapted to technology, where it’s making an impact and whether or not it will stick. It also gives insight from some of the judges from this years’ British Wills and Probate Awards, for their perception on the matter.
The digital revolution
The embracing of technology by legal professionals is advantageous both for the professionals in question, as well as for the clients they serve. The reduction of tangible letters and face to face meetings beside the increase in email communications, remote signatures and video calls helps practitioners work more efficiently, resolve client issues faster and keep costs to both parties at a minimum. This has further benefits – reducing undue stress on the client/s caused by lengthy cases during already stressful times, freeing up legal professionals to serve more clients or, providing them with the capacity to offer a more personalised service– extremely beneficial for those working in probate.
A further benefit is that, in a sector with many duplicate documents, by bringing these online we allow for greater standardisation, less risk of human error and a higher unlikelihood of documents getting lost of misplaced – all enabling a much smoother process for the parties involved.
Ian Bond, Head of Wills & Estates, Thursfields Solicitors:
“The area that will benefit most from innovation will be lost and dormant accounts – such as a case where many assets have fallen from the radar due to records not being kept up to date. As data trails will become more easily searchable, it will become less “needle in a haystack” and far more systematic to spot and claim.”
Finally, it’s not uncommon for families or individuals involved in a legal case to live in diverse locations where face-to-face meetings are nigh on impossible and legal documents take much longer to sign and send. By bringing these online we allow for convenience and a much smoother client experience.
Emily Deane, Technical Counsel at the Society of Trust and Estate Practitioners:
“The families that our members advise are increasingly international and complex in relation to their financial needs. Digital assets have become far more prevalent and the use of digital platforms and remote witnessing during the pandemic will continue to become more commonplace, and will inevitably bring legislative change that needs to be monitored, as we move towards a more digitally modern landscape. The key consideration for the industry is to ensure that the right balance is maintained between the new technological options and the privacy and protection of the families that it advises.”
It seems the drive to be more digital is beneficial to many areas. Some of the judges agree:
Trevor Worth, Managing Director and Founder of Portcullis Legals:
“The integration of technology that better serves clients and businesses, thereby driving efficiencies is needed, as well as a sector truly welcoming of innovators and doers, rather than just academics.”
Alex Holt, Director of Business Development, The Cashroom:
“Responsiveness is particularly crucial for estate administration, so utilising cutting-edge communication technologies may well be wise. Ultimately, we are now in a world where online reviews and ratings will play an increasing role in a person’s decision to buy. Firms must embrace this fact, drive for better client experience, and record the outcomes to tell others.”
However, while the benefits of technology are clear, we must also consider the pitfalls that new technologies bring to the sector, because along with this new speed of doing things comes pressure.
“The biggest [change I’ve seen in my career] has been the introduction of email communication which has been both a benefit and a huge challenge. Speed of communication has been enabled, but the expectation of immediate responses and to be constantly contactable has caused real challenges.”
“How do we harness the benefits of modern technology without its potential pitfalls to provide a service that can cater for everyone?”
Lakshmi Turner
Evidently, a world accustomed to technology forces pressure on professionals to respond quicker, while keeping service standards the same. However, while some cases and individuals might require or demand quicker processes and responses, others require more personalised communications and it’s imperative that firms remember this and adapt services accordingly.
Technology itself can also reduce that ‘personal touch’. It’s not uncommon for people to be perceived to show a lack of emotion via video calls which, depending on the situation, can have a negative impact on the client being served. Whether we should tailor the use of technology to specific use cases i.e. to form filling and not video calls, is a question that must be considered.
One final pitfall is based around assumed adoption. Many individuals will not have adopted a thorough use of technology, and some may simply be unable to. Older clients accessing services, for example, may not be as accustomed to the use of online document signing and Microsoft Teams, and may find this reliance on technology stressful and even impossible to get to grips with. A complete adaptation in this case will not suffice.
Lakshmi Turner, Solicitors For The Elderly Chief Executive:
“Whilst technology can be a great help to older and vulnerable people in many ways, if all legal services go fully digital, this risks leaving some older and vulnerable people out in the cold, unable to access the services they need. So how do we harness the benefits of modern technology without its potential pitfalls to provide a service that can cater for everyone?”
A tailored approach
There cannot be a ‘one size fits all’ approach to probate. While clear that legal technology does drive benefits, it lends itself better to some instances than others. Rather than adapting ‘technology for technology’s sake’, its usage should be considered on both a process and case basis.
Sue Carter, Strategic Consultant at Consult Sue Carter Ltd:
“The pandemic shift towards delivering more online solutions works for a certain demographic of the UK population. Changing perceptions, away from the ‘stuffiness’ of legal professionals will be key, although for more complex estate management the face-to-face approach is, I believe, still sometimes necessary.”
Alex Holt:
“The personal touch is a key role – more so [in probate] than in most sectors – and a major differentiator for those firms who do it well. The pandemic of course made things more challenging, if only in relation to the ability to hold face-to-face, sensitively handled meetings. It can feel a little impersonal to deal with such upsetting subjects on a video call.”
But while the benefits of the human approach are glaringly obvious, the fact is that practitioners must now be willing to adapt to technology – or stand to offer a weaker service than those firms that do. However, the attitude of some remains unchanged:
Eleanor Evans, Partner at Hugh James:
“It can be difficult to “teach old dogs new tricks”; many lawyers are stuck in their traditional ways and do not see any need to change their approach or adopt new technology. Time can also be an issue, as we are busy and it can take time to learn and adapt to new approaches.”
Jane Cassell, of JC Independent Wills & Probate:
“I consider myself old school. I like paper. I handcraft Wills and Lasting Powers of Attorney (LPAs) for my clients. I believe letters should be bespoke for each unique client, and not a computer generated “commentary”. That probably gives you an idea of what the innovators are up against. Traditional views like mine! That old school is a really good school, but development is always welcome.”
Overcoming the barriers
To overcome the barriers between firms and technology, we need to change the narrative and showcase the long- and short-term benefits of using technology, as well as prove to professionals how they can still provide a personalised service while reaping the efficiency benefits it provides. We must take time to instil the right knowledge and skills into businesses both pre- and post-adoption which can be done by:
Employing tech experts to install and oversee new technology, ensuring it’s used to the full benefit of the organisation
Taking time to teach lawyers how to use it efficiently and enhance their skills with it as they go
Continually showcasing the benefits of technology on the professional’s workload and client care
Trevor Worth:
“Quite simply, the fear of the unknown has to be overcome with communication. Greater demonstration of the benefits of technology would help enormously as well as explanations in clear plain English rather than technical jargon.”
Alex Holt:
“Use experts! Lawyers shouldn’t have to be tech experts. When we support firms with our service we support any PMS, and bring a whole wealth of experience and expertise on how to get the best and most efficient operation of the firm’s account package.”
Carrie Caladine, Managing Director at Right Legal Group:
“I think that as an industry, practitioners largely buy into the need for greater integration of technology to enable them to do what they do best. I think one of the barriers to the effective integration of technology is the level of operational change management, training and support provided by firms when new systems are implemented.”
Technology and probate – in conclusion
We must change the attitude and enable the adoption of technology in law firms for those cases that benefit most. Lengthy probate processes caused by repetitive tasks like data entry and reconciliation take a huge amount of time and can cause huge stress on the bereaved individuals at a time when they need it the least. By bringing these tasks online and creating new technology solutions like Exizent’s Estate discovery, we can speed up processes and free up practitioners to offer more value-add services to those individuals.
Eleanor Evans:
“The online probate application process is a brave new world for practitioners and I hope that, once the changes are fully implemented and the probate registry overcomes its backlog, this will make for a more convenient, streamlined process for all.”
Alex Holt:
“Firms should invest that most precious of commodities – time. And that investment should involve taking the time to truly understand what they are delivering, what their process is, and how they can optimise their own client’s experience. The final element of time investment is the potential need to buy in experts’ time to assist with some of the more specialist areas such as compliance or tech.”