Lawyer Michael Gatenby says law firms face mass closures

Brisbane courts are all but empty as the first day of coronavirus-imposed restrictions begins. It comes as a veteran Queensland criminal lawyer says legal firms may face mass closures because of sweeping changes to court routines.

CRIMINAL lawyers around the state have expressed grave concerns for the mental health of legal practitioners, saying firms may face mass closures as a result of sweeping changes made to courts due to COVID-19.

Lawyer Michael Gatenby.

Veteran Gold Coast criminal lawyer Michael Gatenby this morning told The Courier-Mail: “I’m really worried about the mental health of my colleagues. Boutique law firms will have little to no income for the coming months and there are people out there thinking their life insurance is looking a lot better than going broke”.

His comments come as Queensland courts yesterday announced mass changes to combat the COVID-19 pandemic, including cutting down on the transport of prisoners, reducing face time in courts, the number of people present in court rooms and a push to deal with matters via phone and writing where possible.

Brisbane courts were eerily quiet this morning as the first day of restrictions began.

Only a handful of people could be seen in the usually bustling Brisbane Magistrates Court with those in waiting areas keeping a distance from others and some were wearing face masks.

A court staffer greeted people as they arrived outside the usually busy call over court to let lawyers and self-represented defendants know of the new restrictions.

Most cases were adjourned to dates three months in the future for mention.

In the Brisbane Magistrates court, defendants are being encouraged to make use of electronic pleas of guilty and adjournments, where available.

Until further notice all callovers will be conducted on the papers, without personal or telephone appearances required from legal representatives or defendants, with matters adjourned for three months from the date of listing.

Defendants in custody who are legally represented will have their appearance excused while those aren’t represented will appear via video link.

According to the new practice directions, legal representatives and other parties, including unrepresented defendants, can utilise either electronic adjournment or written requests to seek a specific date or make other requests.

One court staffer said they expected almost all matters to be heard over the phone or on the papers from Monday as the new directions trickled down.

A statue of Themis, the Greek God of Justice, outside the Supreme Court in Brisbane. Picture: AAP/Dave Hunt

Lawyers involved in Supreme and District Court criminal matters have been urged to identify and prioritise urgent trials in cases where defendants in custody have spent time on remand that approaches a likely sentence.

They have also been asked to consider adjourning matters where a defendant who faces a custodial sentence is complying with bail conditions and liaise with prosecutors to reduce the need for prisoners to be escorted to and from prison.

Mr Gatenby said this meant the magistrates courts were effectively “not operating” with no lengthy pleas or summary trials to be held in the short term.

He said mass adjournments for up to six months would contribute to an already extensive backlog for criminal matters to be heard.

Mr Gatenby called for more video technology to be used during the unprecedented changes to Queensland’s courts.

“If someone is likely to go to jail once sentenced, they often don’t get a job or start a new relationship and this means these people are languishing in uncertainty because the jails are not wanting to take new prisoners,” he said.

Another criminal lawyer, Evan Cooper said the changes were being painted as “business as usual” but the justice system would likely grind to a halt.

“The Prime Minister specifically said courts were an essential service and I don’t see how these changes are consistent with that,” he said.

It was previously announced that no new juries would be empaneled in criminal trials.

Lawyer Andrew Bale.

Brisbane-based lawyer Andrew Bale said “absolutely nothing will be finalised in court” in the short term.

“The nature of criminal defence work is that you only get paid once the matter is complete, so many firms will be forced to start paying off staff,” he said.

Mr Bale said the fact defendants could elect a judge alone trial, may see a flurry of appeals after convictions on the basis alleged crooks did not have immediate access to a jury trial.

“I think we need to be creative and see this as an opportunity to change the way we work,” Mr Bale said.

“If the courts become more technologically advanced as a result of this, it means we might see a long-term change to access to justice.”