{"id":131,"date":"2018-02-06T14:00:00","date_gmt":"2018-02-06T13:00:00","guid":{"rendered":"https:\/\/hub.findingsimple.com\/au\/cryptocurrencies-challenge-law-firms\/"},"modified":"2022-08-03T16:04:09","modified_gmt":"2022-08-03T05:04:09","slug":"cryptocurrencies-challenge-law-firms","status":"publish","type":"post","link":"https:\/\/insight.thomsonreuters.com.au\/legal\/posts\/cryptocurrencies-challenge-law-firms","title":{"rendered":"How Bitcoin and Cryptocurrencies are Set to Challenge and Change Law Firms"},"content":{"rendered":"<p class=\"intro-paragraph\">The 2017 Bitcoin boom means most lawyers have at least heard of this popular cryptocurrency. However, few understand how Bitcoin and other cryptocurrencies really work, how they are used and their potential to fundamentally change the way we do business.<\/p>\n<p>In this article, we look at why Bitcoin should be more than just a curiosity for lawyers, and the potential risks and opportunities it poses for law firms.<\/p>\n<p>If you haven\u2019t already received a client request to pay for legal services with Bitcoin or similar, you may need to prepare for this possibility. This year, Piper Alderman became the first major Australian law firm to accept Bitcoin payments.<\/p>\n<p>\u201cI work with a lot of clients who are looking to run an initial coin offering or who are involved in cryptocurrency or blockchain,\u201d says Michael Bacina, a partner who heads up the firm\u2019s cryptocurrency and blockchain group. \u201cMany of those clients take a philosophical approach to the future of money. Specifically, they want to use cryptocurrency wherever possible. Piper Alderman took the view that this is something that will be more commonplace in the future and we\u2019d like to be at the forefront of this change.\u201d<\/p>\n<p>Other potential clients who may be keen on using Bitcoin include software developers, investors and finance businesses whose work is built around, or touches on, cryptocurrencies. However, it\u2019s about more than just keeping clients happy. Lawyers who practise in areas such as securities and finance may soon see their entire practice areas overhauled by the cryptocurrency and blockchain revolution.<\/p>\n<p>To understand the how and why behind these developments, and how they have the potential to disrupt entire legal practice areas, you need to understand Bitcoin and the <a href=\"https:\/\/www.thomsonreuters.com\/en\/reports\/blockchain.html\" target=\"_blank\" rel=\"noopener noreferrer\">blockchain technology<\/a> on which it runs in more detail.<\/p>\n<p><span style=\"color: #ff9900\"><strong>Understanding Bitcoin: The lightbulb moment<\/strong><\/span><\/p>\n<p>In a nutshell, Bitcoin is a digital currency and a system that enables payments to be sent between people without relying on a central authority. Some big tech companies like Dell and Reddit already accept Bitcoin payments and it can be used to buy pizza, coffee, jewellery, shoes, gym memberships and more.<\/p>\n<p>While Bitcoin can be used to buy everyday items, cryptocurrencies involve sometimes tricky-to-understand concepts, like wallets, mining, tokens and proof of stake. If the penny doesn\u2019t drop immediately when you delve into the topic, persevere and be reassured by these words from Bacina:<\/p>\n<p>\u201cI find people dive into it, sort of understand it, and then about three months later wake up in the middle of the night and say, \u2018This is going to change everything. Wow.\u2019 It just takes time to process the concepts because they are so different to what\u2019s been done before.\u201d<\/p>\n<p><span style=\"color: #ff9900\"><strong>Getting started with Bitcoin: A law firm\u2019s guide<\/strong><\/span><\/p>\n<p>Bacina says it\u2019s probably easier than you expect to start accepting Bitcoin payments within your law firm. For firms wishing to explore the option, he emphasises the importance of a preliminary educative process.<\/p>\n<p>\u201cThe legal profession is quite conservative, and this is a new technology,\u201d he says. \u201cThere\u2019s a lot of people who haven\u2019t used it, don\u2019t understand it and don\u2019t have any real incentive to understand it. Having an education process about it \u2013 what it is, how it works and dealing with some of the common myths and misconceptions \u2013 is an important first step.\u201d<\/p>\n<p>It\u2019s also important to carefully consider the pros and cons and find a balance that suits your firm. Bacina says the path Piper Alderman has taken \u201cgives clients what they want \u2013 an easy way of paying using cryptocurrency,\u201d while the gateway adopted \u201cprotects the firm on the risk side in a manner which is not too dissimilar to receiving credit card payments\u201d.<\/p>\n<p>The firm doesn\u2019t currently accept Bitcoin payments into its trust account. \u201cThe legal profession regulations relating to trust accounting are difficult to apply to cryptocurrencies at this stage,\u201d Bacina says. \u201cThe sensible move for Piper Alderman is to accept Bitcoin only for payment of our invoices. In time, as regulations address these new forms of transacting, we may see some changes to how trust accounting is handled to accommodate cryptocurrencies.\u201d<\/p>\n<p>Another practical problem is that most accounting systems can\u2019t deal with more than two decimal places, because most regular currencies don\u2019t go below cents. Cryptocurrencies, on the other hand, can go down to 18 decimal places. \u201cAccounting systems just can\u2019t handle it,\u201d Bacina says. \u201cWhen larger accounting software packages release updates that deal with decimal issues, we\u2019ll see a lot more adoption for businesses that wish to use cryptocurrencies.\u201d<\/p>\n<p><span style=\"color: #ff9900\"><strong>Is Bitcoin too risky?<\/strong><\/span><\/p>\n<p>When it comes to law firms accepting Bitcoin, Bacina says \u201cthere\u2019s a range of solutions, and the risk is probably less than is perceived\u201d. The main risk is price volatility \u2013 people are concerned about its highly volatile nature, with Bitcoin often moving 10 per cent or more in value in a day. Given that a transaction can take a few hours to be confirmed through the blockchain, there\u2019s a real risk of a change in value during the time the transaction is being verified, so that is the primary risk for anyone accepting cryptocurrency.<\/p>\n<p>\u201cA lot of people believe you need to hold the Bitcoin and you\u2019ll be exposed to price risk,\u201d Bacina says. \u201cBut it\u2019s no different to receiving US dollars or euros. If you want to switch it to local currency, that\u2019s quite easily done with technology available today. We turn Bitcoin into Australian dollars quite easily and quickly.\u201d<\/p>\n<p>The other widely cited risk is that Bitcoin is in a bubble. Indeed, just months ago Reserve Bank Governor Philip Lowe warned of the \u201cspeculative mania\u201d surrounding cryptocurrencies. While some take the view that Bitcoin\u2019s success is unsustainable, driven up by people speculating wildly, Bacina takes a different view.<\/p>\n<p>\u201cThere\u2019s only 15 million Bitcoin wallets worldwide,\u201d he says. \u201cI think we\u2019re in the very early stages of an adoption curve. Projects that help bring the benefits of cryptocurrency to the lay person or regular businesses, in a way that they don\u2019t necessarily need to understand technology to take advantage of it, will help drive adoption. Recent price falls are good in my view, given how fast the prices have risen in the last two months.\u201d<\/p>\n<p><strong><span style=\"color: #ff9900\">Regulation: Playing catch-up<\/span><br \/>\n<\/strong><br \/>\nMichael Milnes, who heads the Commercial Law team at <a href=\"http:\/\/legal.thomsonreuters.com.au\/products\/practical-law\/\" target=\"_blank\" rel=\"noopener noreferrer\">Thomson Reuters Practical Law Australia<\/a>, says that regulators around the globe have been playing catch-up in the evolving area of cryptocurrencies and that the response varies enormously in different jurisdictions. As Milnes observes: \u201cIn Japan, Bitcoin is recognised as full legal tender, whereas in Bangladesh, use is illegal and you risk going to jail. In Thailand, first it was illegal and now it isn\u2019t. Whatever the position is locally, regulators are now looking at the implications more closely and starting to coordinate their efforts.\u201d<\/p>\n<p>Milnes says that here in Australia, the Government has generally adopted a progressive attitude, while still keeping a cautious eye on developments. For example, from 1 July 2017, legislative change exempted cryptocurrencies from GST in Australia, allowing Bitcoin to be treated like money for GST purposes. Legislation was also passed last year to apply anti-money-laundering provisions to Bitcoin exchanges operating in Australia, with the changes expected to commence from April 2018.<\/p>\n<p>Bacina welcomes regulation and says it may help dispel one of the biggest misconceptions surrounding cryptocurrencies: \u201cBitcoin still has some of its bad reputation from when it was used on Silk Road and the dark web as a means of exchange for illicit activities. People regularly cite this and say it\u2019s untraceable. That\u2019s completely wrong. Bitcoin is 100 per cent traceable. There is a difficulty is identifying who owns what wallet, though, and this year we\u2019ll see a lot of regulators globally start investigating dodgy operators and people who\u2019ve been doing the wrong thing. I see blockchain, the technology on which Bitcoin runs, as a huge force for fraud prevention.\u201d<\/p>\n<p>Should your law firm bother with Bitcoin right now? Ask your clients about their views on cryptocurrencies. Learn more about it. Talk to lawyers working in this space. Perhaps then the question will not be whether to bother with Bitcoin, but how you can explore the huge potential and other opportunities cryptocurrencies bring.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The 2017 Bitcoin boom means most lawyers have at least heard of this popular cryptocurrency. However, few understand how Bitcoin and other cryptocurrencies really work, how they are used and&hellip;<\/p>\n","protected":false},"author":39,"featured_media":132,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[642,576,645,602,629,634],"tags":[73,74,167,353],"insight_job_role":[598,614,627,628],"insight_practice_area":[579],"class_list":["entry","author-libbyhakim1","post-131","post","type-post","status-publish","format-standard","has-post-thumbnail","category-billing-and-invoicing","category-business-management","category-innovation-and-disruption-in-law","category-innovation-and-technology","category-strategy-and-business-development","category-trends-and-the-future-of-law","tag-bitcoin","tag-blockchain","tag-cryptocurrencies","tag-legal-service-delivery","insight_job_role-in-house-lawyer","insight_job_role-partner","insight_job_role-senior-executive","insight_job_role-solicitor","insight_practice_area-commercial-law","hentry"],"acf":[],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.2 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>How Cryptocurrencies are Set to Challenge and Change Law Firms<\/title>\n<meta name=\"description\" content=\"The 2017 Bitcoin boom means most lawyers have at least heard of this popular cryptocurrency. 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