Work undertaken
As far as I am aware, I was the first lawyer to write an e-book in 1999 on the Y2K issue, and the first barrister to write a set of e-commerce precedents for lawyers on behalf of the Butterworths Tolley Electronic Business Law web site in 2000. I also drafted the evidence part of the ISEB syllabus for the Certificate in IT Law Foundation established in 2005.
I represented Mr Job on behalf of the Bar Pro Bono work on an electronic signature case (PIN and ATM) also known as ‘phantom withdrawal’, details of which are available here and have recently advised about the signature on an indemnity and guarantee form that was transferred to microfiche before the original document was destroyed.
Legal advice for the investigation and collection of digitla evidence across jurisdictions
I help companies specializing in the investigation and collection of digital evidence when they are required to undertake their investigations across jurisdictional boundaries, by liaising with international law firms to provide relevant advice relating to the proper conduct of their work.
Non-contentious advice
I provide non-contentious advice and statements to solicitors, in-house counsel, and lawyers in other jurisdictions.
Direct instructions
I accept direct instructions from in-house counsel, company secretaries, accountants, and public entities.
Electronic evidence (comprising analogue and digital evidence)
Advising lawyers in England & Wales and other jurisdictions about the rules for the admission of digital evidence into legal proceedings in England & Wales, and in respect of the admissibility and assessment of electronic signatures.
Moving to the paperless environment
Many organizations would like to save the expense of storing volumes of paper by having all documents stored on computers, but many are not sure about the value of the documents as evidence if they have been scanned. This need not be a problem if dealt with properly.
Electronic risks
Electronic signatures, authentication, retention of electronic documents and admissibility; email and internet use policies; security policies; interception and monitoring of communications and data protection.
Information technology and electronic business
Software licences; online trading terms; disclaimers; terms of use; privacy policies for e-commerce sites; domain name disputes and back-end contracts; I have conducted the specialist e-commerce due diligence in a take-over involving a payment gateway.
Commercial
Agency and distribution agreements; bespoke commercial agreements for national and international companies; terms of trading.
Terms of work
If I undertake work for you, I will agree a time scale with you for the work to be completed.
Who I accept instructions from
I accept referral instructions from firms of solicitors, and direct instructions from legal directors, the company secretary of a registered company or the managing partner of a partnership. I also accept instructions from lawyers in other jurisdictions. I will provide advice on a non-contentious matter in writing (by e-mail and postal mail) or by meeting you.
Areas of work that I do not accept direct instructions
I will not accept any work that is not within my area of competence, and I will inform you immediately, should this occur.
How and where I work
I mainly provide written advice, which usually means it is sufficient that you set out what you would like me to advise upon. I work with you to ensure that I am clear about what you want advice upon before I begin the work, and I will provide the advice by e-mail and on paper.
Whilst I am willing to work almost anywhere, I charge for travelling time.
Fees
I will either quote an hourly rate or fixed sum before taking on any work, although there will be occasions, because of the nature of the work, that I can only give an estimate.
Further information
The Bar Council web site is very useful.
