In a nutshell
Technology, telecoms and outsourcing lawyers distinguish themselves from general commercial advisers because of their specific industry know-how. They combine a keen understanding of the latest advances in various technologies with a thorough knowledge of the ever-changing law that regulates, protects and licenses them. As forms of media and new technologies converge, clients have come to rely on technology lawyers’ innovation and imagination in offering rigorous legal solutions to maximise and protect income and ideas.
The majority of the top 50 firms possess dedicated groups of lawyers. There are also specialists within smaller commercial firms and a number of niche firms. At some firms work related to technology and outsourcing might be grouped with areas like IP and contracts under a general 'commercial' umbrella.
What lawyers do
- Advise on commercial transactions and draft the requisite documents. There is a heavy emphasis on risk management.
- Assist in the resolution of disputes, commonly by arbitration or other settlement procedures as this is a court-averse sector. Many disputes relate to faulty or unsatisfactory software or hardware.
- Help clients police their IT and web-based reputation and assets. Cybersquatting, ownership of database information and the Data Protection Act are common topics.
- Give clients mainstream commercial, corporate and financial advice.
- Specialised outsourcing lawyers represent customers and suppliers in the negotiation and drafting of agreements for the provision of IT or other services by a third party.
Realities of the job
- You need to be familiar with the latest regulations and their potential impact on your client’s business. Does a website need a disclaimer? What measures should your client take to protect data about individuals gathered online?
- You need a good grasp of the jargon of your chosen industry, firstly to write contracts but also so you can understand your clients’ instructions. Read trade journals like Media Lawyer and Computer Weekly or magazines such as Wired or New Scientist.
- In this frontier world, gut instinct matters. One in-house lawyer made what looked like a risky move from BT to little-known internet auction site, eBay. Six years later he moved to head up Skype’s legal team.
- The ability to think laterally and creatively is a must, especially when the application of a client’s technology or content throws up entirely new issues.
- High-end private sector outsourcing involves complex, high-value and increasingly multi-jurisdictional work. Mostly, it is the larger law firms that handle such deals. In the public sector, deals involve UK government departments, local authorities and the suppliers of services to those entities.