Law society finds lessons to learn from the pandemic lockdown

Pandemic restrictions brought welcome improvements in the legal system, as well as the difficulties of remote operation.

Law Society of NSW president Joanne van der Plaat.

Justice did not suffer during the pandemic lockdown last year and time and money was saved as lawyers moved to remotely managing files, documents and directions hearings, but they struggled with cross-examining witnesses via Zoom and other streaming methods, and business development suffered.

A Law Society of NSW survey of almost 1500 members taken during July and August last year, when most of them were in lockdown, has found 70 per cent wanted to keep at least some of the changes.

Solicitors and clients found an efficiency boost with the time and money saved, especially with the minimisation or elimination of the need to travel. This was a particular boon in regional areas and a net gain for access to justice, the survey found.

“We thought it was important to consider the extent to which the changes spurred by Covid-19 should be temporary or should be retained – even when it is possible to revert to pre-Covid practices,” society president Joanne van der Plaat said.

While a better life-work balance was enabled by flexible working conditions, professional networking was negatively affected according to 59 per cent of those surveyed, the ability to develop junior staff compromised (43 per cent) and so was staff mental health and wellbeing (49 per cent).

The survey canvassed both litigation and advisory work. Among litigators, 69 per cent said remote methods were unsuitable for court hearings with an unrepresented party as well as for cross-examination of witnesses.

Among advisers, the shift to online lodgement of documents on behalf of clients was a resounding success but remote management of mediation and other alternative dispute resolution was of least value. “[These] issues are worth further consideration,” Ms van der Plaat said.