Chris Belcher ponders the effects of more legal work being undertaken online

I was fortunate enough last week to attend a demonstration of the alpha version of the online lasting power of attorney (LPA) facility which the Ministry of Justice and the Office of the Public Guardian (OPG) hope to make available next year.

The online tool was very impressive – a powerful way both to make an LPA and then to register it with the OPG all at the click of a few buttons. But it got me thinking, will this sort of development inevitably end up with an entirely online system for all areas of our working lives?

Phasing out

We have already seen an increase in the number of forms that it is now compulsory to complete online. The phasing out of the paper tax return is almost complete, and online filing is now mandatory for almost everyone.

In a similar vein, the Charity Commission now requires online filing of returns, making the job of administering even the simplest small charity one which requires access to and the skills and confidence to use a computer.

There is no suggestion that the only way to make an LPA in future will be online. Indeed, even the new online tool is only really partially online because even an LPA produced via the tool must be printed and then signed in real wet ink. The same applies of course to wills and other deeds and documents with which we all deal every day of our working lives.

But what happens when – as I suspect is inevitable – the digital signature becomes an accepted way of executing a document? Will that mean an LPA, a will, a deed or any other document can be produced by a client and then executed online? And if so, what implications does that have for security, for access to those types of documents, and for the legal profession?

The security issue is one which will give most concern. While it is of course possible to forge a ‘real’ signature, there is great concern that a ‘digital’ signature would be even less secure, and this could have an enormous impact for a document as powerful as an LPA or a will. And how would a digital signature be witnessed? Until these points are resolved, I can see no way to make available purely online forms for these sorts of documents.

Having said that, with the pace at which technology develops, we must expect that the security concerns will eventually be addressed, and probably sooner than we think. If so, is it possible that in future LPAs and wills will only be accepted if they are made electronically?

Online world

Many of my clients do not have ready access to the internet, and those that do are often scared or intimidated by the online world. It is not always the elderly and vulnerable who fall into this category – far from it – but often they find it more challenging to complete online forms. Moving away from paper documents might seem on the face of it to be an advance, but for many people it would simply deny them access to these instruments.

A will or an LPA are documents which, while useful, are not compulsory – unlike a tax return – and so if the only way to make them was via a website, those who did not have online access, or were not confident of using a web-based document, would just not bother.

Which brings me to my final question, what might the implications be for the legal profession?

The impact of online will-writing and online form-filling is only just beginning to be felt by solicitors. Some have welcomed the new technology by setting up their own online services; others will undoubtedly have lost clients as a result of not embracing the technology. If the trend towards online completion of documents continues, we need to make sure we are ready to advise on those documents, but also to accept that we may not necessarily be the ones who create them.

The alpha version of the LPA system was, as I say, impressive. It remains to be seen how it will develop and what other areas of our practice will end up being conducted entirely online.

Chris Belcher is a partner at Mills & Reeve LLP. Contact Chris onchris.belcher@mills-reeve.com; follow Chris on Twitter @PC_Lawyer