Ahead of speaking at the FIDIC Global Infrastructure Conference in Geneva this week, Fenwick Elliott partner Stacy Sinclair spoke to Infrastructure Global about digital and tech developments and how these are impacting on the infrastructure sector.
Stacy Sinclair leads law firm Fenwick Elliott’s technology and innovation initiatives, overseeing the development and implementation of new legal technologies, as well as collaborating and engaging with clients on new digital technologies in the construction and legal industries. She is responsible for Fenwick Elliott’s IT and infrastructure, internal tech operations, platforms and legal workflows and external client initiatives and products.
Sinclair is also chair of the International Federation of Consulting Engineers (FIDIC) digital transformation committee, in which capacity she is moderating a digital transformation forum at this week’s FIDIC Global Infrastructure Conference in Geneva. She sat down with Infrastructure Global ahead of the event to answer our questions on digital developments in construction and how these interface with legal and regulatory issues.
What are the key and emerging issues in the digital and technology sphere?
AI is undeniably the most ground-breaking and emerging technology just now and it is challenging society on so many levels. Whilst we hold high hopes that AI can play a significant role in enabling sustainable development, offering huge potential for progress, benefitting people and planet, we are seeing a seismic shift in how we interact with and view technology. Whilst optimistic of its potential, we now face issues on how we can harness it and use it responsibly. It is challenging the very concept of work and what our future workforce will look like. It is challenging regulatory frameworks and raising critical questions about data privacy, ethics and accountability. It is challenging how we value human creativity and services.
AI is also creating new opportunities for innovation and growth and offering the possibility of a more sustainable and inclusive world. Provided the emerging issues and challenges of AI are addressed adequately and promptly, the collaboration between human and technology can drive real advancements in our industry.
Everyone is talking about AI. But how can the industry embrace and safely manage an AI-enabled future?
AI offers enormous potential to transform the way we work, but the industry must only adopt AI with its eyes wide open – with a thorough understanding of both its benefits and its risks. Embracing and safely managing an AI-enabled future means proceeding carefully and in an informed manner. For example, staying up to date with the latest developments, seeking expert advice and implementing AI solutions in a way that aligns with ethical standards and regulatory frameworks. As such, before using AI tools, it is important to carry out an assessment of its benefits versus its impact and risks. We must unlock the advantages AI has to offer our industry and doing this safely and securely is critical to success.
Whilst the industry must be mindful of risks such as unintended consequences, financial liability, operational issues and security/privacy issues, it is crucial not to delay. A cautious approach is essential and sensible but waiting too long to engage with AI means risking falling behind. Companies and organisations need to start now, exploring AI in small, manageable ways and scaling up as they learn. The key to doing this effectively lies in leadership. It is leadership that must drive the adoption of responsible AI. Responsible AI starts with leadership and, importantly, needs leadership to sustain it.
How can new legal technologies and processes change and evolve the way lawyers work?
New legal technologies are significantly transforming the way lawyers work, particularly in terms of increasing productivity and efficiency. AI-driven tools are streamlining tasks that were once time-consuming, such as legal research, document review and contract analysis. For instance, AI-powered research databases allow lawyers to sift quickly through vast amounts of case law and legislation, providing more relevant and focused results. This not only speeds up the process but also enables lawyers to dedicate more time to strategic thinking and client advisory, which are areas where human judgment is crucial.
An exciting development is the use of AI in drafting – either the drafting of legal documents or drafting required in the everyday course of work. This can save hours of manual drafting, especially for routine documents and helps ensure consistency and accuracy. However, it is important to note that while AI can reduce the workload significantly, it is not a replacement for human expertise. All outputs must still be carefully reviewed by lawyers for accuracy and appropriateness.
For example, full disclosure, I have asked ChatGPT to help me with my answer to this question. I provided it with the points I wanted to make, and its instantaneous response probably saved me more than 20 minutes. I of course had to check and reword this answer to achieve the tone and messaging, but nevertheless, using AI made the task much more efficient.
While legal technology is revolutionising how we work, the human element remains irreplaceable. AI is a tool that enhances our capabilities, but it is the lawyer’s knowledge, ethical judgment and critical thinking that is essential in the quality and integrity of the legal services. The combination of AI and human expertise enables us to deliver faster and more precise services, ultimately translating into more value for our clients.
Before qualifying as a solicitor, you were an architect, principally designing large-scale projects such as stadiums, hospitals and education buildings in both the UK and the US. Do you think that your experience there gives you a unique expertise that is essential for digital transformation in both the legal and construction industries?
My background as an architect certainly gave me the experience of designing new and innovative solutions, in response to a brief, with the use of technology. In some senses, digital transformation is just that – leveraging technology to solve problems, working in new and creative ways, to meet the needs of complex projects. In architecture, I worked with multidisciplinary teams, navigating regulatory frameworks and thinking critically about how systems integrate and function. All of these are skills that have translated into my current work, giving a unique perspective for digital transformation in both the legal and construction industries.
Digital transformation is not simply the adoption of new tools. It is about rethinking workflows, improving efficiency and enhancing collaboration across various teams or stakeholders. My architectural training has helped me to approach digital transformation in both law and construction holistically, with the use of design thinking. Regarding the construction industry, given my experience, I also can appreciate how data and technology can be used to optimise processes, whether it is through building information modelling (BIM), smart contracts, AI-driven project management solutions or digital innovation on-site for construction or asset management.
Lawyer Stacy Sinclair is a partner and head of technology and innovation at the law firm Fenwick Elliott and chair of FIDIC’s digital transformation committee. She is moderating a Digital Transformation Forum at the 2024 FIDIC Global Infrastructure Conference in Geneva on Monday 9 September 2024.
