We are living in a virtual world

The Law Society published its practice note on social media over two years ago. And since then, Twitter, LinkedIn and the like have become an ever-increasing
part of our daily lives.

At work, we have had the training: the best way to use LinkedIn, what is a tweet and how it is possible for solicitors
to say something in only 140 characters. As with any change, there is resistance in some corners, but generally solicitors are starting to embrace this previously uncharted territory. And some have done so with great success.

At our monthly team meetings, the update on how many new followers our Twitter account,
@PrivateClientWB, has is eagerly awaited. I probably should admit, though, that my own anticipation has its foundations in wanting to know how many more people have seen the photo of me dressed as storybook character Pippi Longstocking at a charity dodgeball match, which an enthusiastic team member attached to a tweet.

The power of social
media is well documented, demonstrated recently by the vast amount raised for Teenage Cancer Trust by the late Stephen Sutton. And while I don’t think that we will ever see the day when the statutory residence rest is trending on Twitter, it
does not take a huge leap
of imagination to picture a
social media campaign driving
a change in the law.

Hidden treasure

There is also the impact that the rapidly changing world in which we live has on the advice that we give to our clients. As a private client solicitor, I spend a lot of my time discussing with my clients what will happen to their most treasured possessions on death.

Traditionally, these would include valuable pieces of jewellery, artwork that has been passed down from generation to generation, a business they have built from scratch or sentimental items. Now, I also include digital assets, such as social media accounts, in these conversations.

It comes as a surprise to many clients that, after their death, their loved ones may not be able to access their online accounts, such as Twitter, Facebook, email and iTunes. This is an understandable reaction
given their importance to many. Such accounts often store not only sentimental items (think about the modern equivalent
of a ribbon-bound bundle of love letters) but items of monetary significance, for example a valuable collection
of music and films.

In April, the Law Society encouraged advisers and clients to consider these issues. On reflection, perhaps it is not surprising, given the speed at which new technology moves, that the law has failed to keep
up pace in this area; steps are starting to be made in the
right direction, though.

Last year, it was announced that Google users can now specify which of their ‘trusted contacts’ can access their accounts after they die, or alternatively direct that their accounts be deleted. On the other hand, Facebook has prevented access to accounts. For now.

As social media has an increasingly significant place
in the working and personal
lives of legal professionals, advancements in this area of the law may gain momentum. And perhaps it will be the law on succession to digital assets where we will see the first social media campaign driving
the changes. Here’s to #changethelaw trending. SJ

Kate Davies is a solicitor at Wedlake Bell

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