As a crypto investor and legal professional with extensive experience in the industry, I strongly believe that lawyers representing cryptocurrency or digital asset businesses should possess a deep understanding of the technologies they advocate for before regulators and courts. This is not just a matter of staying up-to-date with industry trends but also a question of providing effective representation based on a comprehensive understanding of the facts, rules, and circumstances at play.


Note: The views expressed in this column are those of the author and do not necessarily reflect those of CoinDesk, Inc. or its owners and affiliates. Justin Wales is the head of legal for the Americas at Crypto.com. He is the author of “The Crypto Legal Handbook: A Guide to the Laws of Crypto, Web3, and the Decentralized World” (available at www.thecryptolegalhandbook.com).

As a researcher studying the intersection of law and technology, I firmly believe that gaining a solid understanding of the underlying technologies is essential for lawyers who regularly work with cryptocurrencies and digital assets. This knowledge enables us to effectively communicate complex concepts to regulators and judges, ensuring accurate and informed decision-making in the courtroom. By staying informed about the latest developments in these fields, we can provide the best possible representation for our clients.

As a researcher studying the intersection of law and cryptocurrencies, I’ve been astonished to discover that many legal professionals, even those who deal with existential threats to this industry or represent clients using crypto, tend to view these digital assets as mere novelties rather than transformative technologies deserving deep understanding and careful consideration.

Some well-known lawyers with substantial “crypto portfolios” in their legal practices and exorbitant hourly fees joke about being unfamiliar with crypto technology when probed during formal hearings. They often dismiss the intricacies of handling digital assets as an unnecessary complication to their primary cases.

The disconnection between the industry and its supporters is more than just unproductive; it’s detrimental. Industry legal teams are responsible for advocating on behalf of their clients before courts and regulators, where the nuanced relationship between cryptocurrency applications and existing regulations can be a new and intricate challenge.

If these advocates refuse to delve deeply into the developments in the industry, how can they convincingly argue that their legal perspectives correspond to the actual workings of the technology or articulate the fundamental beliefs underpinning the cryptocurrency realm?

High-profile law firms can demand substantial fees for their legal expertise, but unfortunately, some senior partners may dismiss involvement with crypto businesses as unimportant. This mindset leaves clients vulnerable to potential blunders and inefficiencies that could result from insufficient engagement from those at the helm. Instead, a more productive approach would be for top lawyers to actively engage in these complex projects, ensuring their clients receive optimal legal guidance and avoiding costly mistakes or delays.

As a seasoned analyst studying the legal landscape of cryptocurrencies, I’ve observed an encouraging trend: The emergence of highly competent “crypto-native” attorneys in esteemed law firms is increasingly common. While there are numerous specialists at boutique firms who possess deep knowledge in this field, this development remains a relatively rare occurrence. This transformation is essential, as lawyers with a strong grasp of cryptocurrency regulations and the ability to pioneer within this complex legal framework will be indispensable for the industry’s growth and evolution.

A skeptical perspective might liken insisting that a lawyer for a cryptocurrency business possess hands-on experience with digital currencies to expecting a tobacco company’s legal counsel to be habitual smokers. However, this simplistic analogy betrays a lack of comprehension regarding the profound implications of cryptocurrencies – they signify a potential revolution in societal structures and the management of assets, privacy, and trust, leveraging groundbreaking technologies that until lately remained the domain of science fiction.

Lawyers with outdated knowledge and a complacent attitude towards Bitcoin, last updated in 2017, risk losing clients as the industry evolves and seeks professionals who are well-versed in the latest developments.

A lawyer doesn’t have to hold a computer science degree or manage their finances carelessly to excel in their advocacy role. However, they are expected to invest sufficient time and effort in learning about the latest industry trends and engaging with various projects and protocols within the tech sector. This way, they can knowledgeably discuss their clients’ businesses, operations, and the significance of their innovations with confidence.

In the fast-paced world of cryptocurrency, passion is an indispensable resource for professionals, including lawyers. Keeping abreast of the frequent legal and technological advancements in this field requires consistent self-study, which can be quite a challenge without a true enthusiasm for the subject matter.

As a crypto investor, I recognize that staying updated and knowledgeable about the latest trends and developments in the industry is essential for making informed decisions. However, it’s not just about keeping up with the news; it’s also crucial to have legal representation who truly understands the technology behind cryptocurrencies. By working with attorneys who have a deep grasp of both the legal framework and the underlying tech, I can trust that they will provide accurate and effective advocacy. Their comprehensive understanding allows them to consider all relevant facts, rules, and circumstances when representing my interests.

See also: Fatemeh Fannizadeh on Crypto Law, Switzerland and How KYC Is Failing

As a researcher with a focus on crypto law, I’m often approached by ambitious young lawyers and law students seeking guidance on entering this exciting field. My recommendation is always to begin by engaging with cryptocurrencies yourself, gaining firsthand experience with their unique capabilities. If you find the concept of peer-to-peer transactions without intermediaries intriguing and potentially valuable for society, delve deeper into the history and evolution of the industry. Once convinced of its significance, dedicate your efforts to acquiring in-depth knowledge in the various legal domains and financial regulations that shape this emerging landscape.

For entrepreneurs and developers who aren’t lawyers, ensuring a productive relationship with legal counsel is crucial. One effective method to achieve this is by making certain your attorney fully grasps your business objectives and the rationale behind them. Additionally, acquire a solid foundation in the regulations governing your industry. This will enable you to engage in informed discussions with your legal team regarding their comprehension of the law and their suggested strategies.

In my interactions with budding lawyers and entrepreneurs, they frequently inquire about the best place to begin acquiring essential knowledge. However, I found myself lacking a satisfactory response. To bridge this gap, I created a resource titled “The Crypto Legal Handbook.” This handbook serves as a valuable starting point for those interested in cryptocurrency, providing an insightful exploration of its technological and historical backgrounds. Additionally, it offers a thorough overview of the various laws that regulate the field.

As an analyst, I would rephrase the text as follows: I encourage lawyers to immerse themselves in the crypto sphere, becoming knowledgeable advocates for technological progress. Simultaneously, this text aims to equip entrepreneurs with essential insights into the current regulatory landscape of cryptocurrencies.

As a crypto industry analyst, I strongly believe that the world of cryptocurrencies transcends its classification as a mere financial asset. It represents a groundbreaking movement spearheading advancements in peer-to-peer financial and non-financial communications. This innovative shift has the potential to significantly alter our perception of money, privacy, and governance on both economic and societal levels.

It’s high time that we hold crypto lawyers accountable for clearly expressing their vision for the future instead of just being labeled as such.

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2024-05-10 19:10