Goodbye job applications, hello dream career
Seize control of your career and design the future you deserve with LW career

Embrace digitalisation to deal with compliance

Marina Yastreboff, University of NSW senior intellectual property counsel, is a strong advocate of incorporating technology in the law profession, especially as compliance becomes increasingly complex.

user iconMalavika Santhebennur 27 June 2022 Big Law
Embrace digitalisation to deal with compliance
expand image

The Academia, Training and Education Lawyer of the Year award winner at the 2022 Corporate Counsel Awards insists that in order for organisations, companies, and even industries and professions to survive, they must prioritise tech literacy and design a feasible strategy to not only keep pace with the “inevitable” digital transformation but also reap benefits from it.

Alongside her role as legal counsel at UNSW, Ms Yastreboff is president of the Australian Society for Computers and Law (AUSCL), an interdisciplinary think tank on issues that arise at the intersection of technology, law, and society.

She is also an advisory board member of the International Association of Privacy Professionals and sits on the national in-house counsel steering committee at the Australian Pro Bono Centre.

Ms Yastreboff spoke to Lawyers Weekly about why she is passionate about innovation and using technological tools in legal practices and offered advice on how law firms and the wider law profession could utilise these tools to increase efficiencies.

She also outlined the new developments in her field of law, including automated decision making, smart contracts, and artificial intelligence, and enthused about the opportunities they hold.

What is the most exciting aspect of being an in-house senior IP lawyer at UNSW for you?

The university sector is a major contributor to Australia’s future. It is truly an honour to work with the world’s brightest minds in both research and teaching, who are tackling some of humanity’s greatest challenges, from future materials to environmental sustainability, law reform and the design of future smart cities.

You’re involved in some pretty complex areas of the law. What do you find most rewarding?

Helping clients identify, protect, and translate their research for the public good is very rewarding. Attracting funding and talent will always be a challenge for the sector, but the potential of research and collaboration is really exciting.

You’re passionate about innovation and an advocate of incorporating technology in legal practices and law. Why is this important to you, especially right now?

The increasing complexity of the risk, compliance and regulatory landscape for universities, in addition to restrained budgets and increasing uncertainty, are all factors that (while challenging) present an enormous upside for legal tech and solutions, which enable lawyers to do more with less. If done correctly, the solutions could be far superior and provide all the necessary guardrails to ensure compliance and best practice governance. Applying legal design principles to the work we do, and how and when we do it, and the output of legal services is one of my great passions at the moment.

How could legal practices incorporate tech tools and increase efficiencies?

Most legal practices have underutilised software stacks. For example, Microsoft O365 has a suite of ready-to-use tools that can significantly streamline workflows, aid in the automation of document generation and review and help keep track of critical dates. The efficiencies of employing just a handful of basic changes can have significant impacts. If they add some basic flows from Power Automate and Power BI, my guess is that they will never look back. AUSCL is a volunteer-run organisation of lawyers and technologists that regularly runs open training sessions to help lawyers from all “walks of life” upskill and share their expertise. All are welcome to join and participate.

What led you to focus on these aspects of the law?

Ursula von der Leyen (president of the European Commission) recently stated that “digital is the make-or-break issue”. I couldn’t agree more. In order for organisations, companies, whole industries and professions to survive, they need to have tech literacy, embrace digitalisation and design workable approaches to the inevitable transformation. There are many dimensions to this, but in a nutshell, I am motivated to do my part in promoting a sustainable future that respects rights, access to justice, accountability, transparency and responsible technology.

What constitutes success for you as an in-house lawyer?

For me, it’s about helping my clients to achieve more than the outcomes they were after, promoting a strong collegiate work environment, and seeing repeat “customers”.

What challenges have you faced in your work, and how have you overcome them? What lessons have you learnt from this?

There are many challenges in attempting to change the way “things have always been done”, from finding project sponsors to achieving stakeholders buy-in. The lesson is do not underestimate the time it may take to effect change, and gather support for “grassroots” projects. But change will happen. My advice is to persist with projects you believe in, even if there is “no budget” or resources allocated – see it as an opportunity to learn new skills and test your ideas. Be enthusiastic and remain enthusiastic.

What opportunities do you see for other lawyers (including new and young lawyers) entering your field and wanting to work as an in-house lawyer?

There are fantastic opportunities in-house and with the potential bonus of no timesheets! Seek the opportunity to meet as many of your clients as possible, and understand their needs, concerns and what drives them. In most cases, this will make your work life richer, clients happier, and outcomes better.

What guidance/tips would you have for other young lawyers coming through the ranks and facing/overcoming challenges?

The first tip that comes to mind is to find your tribe – that is, people passionate about digital disruption and not afraid to imagine doing things differently and with whom you can bounce ideas. Secondly, invest in project management skills. Third, map out current processes, decisions, inputs and outputs and stakeholders (you can draw flow diagrams and look for redundancies). Next, fix the process first before applying technology (otherwise, it can be, as the saying goes, “like a bandaid on an axe wound” – it has the right intention, but it can make things significantly worse). Besides all of this, always ask why, and question everything. Finally, be prepared for resistance – for many, change is not easy. Most of all, back yourself.

What new exciting developments are on the horizon in your field of law?

Of the themes emerging, I am most excited about developments in the fields of automated decision making, smart legal contracts, rules as code, genomics, quantum and artificial intelligence – all of which can, with concerted multidisciplinary effort, provide incredible opportunities for a future we all want to live in. Universities and volunteer organisations play an important part, and so can you. As president of the AUSCL, I have the privilege of meeting and working with many exceptional lawyers, technologists and leaders passionate about their work, collaborating and achieving the principles underlying the UN Sustainable Development Goals.

Missed out on submitting an entry or nominating a worthy colleague for the 2022 Corporate Counsel Awards? Don’t worry! Keep an eye out for the 2023 awards program, and make sure you throw your name in the hat for a chance to be recognised for your hard work and achievements!

You need to be a member to post comments. Become a member for free today!