The Impact Of The Coronavirus On The Legal Field
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The Covid-19 Pandemic has resulted in unprecedented dynamic changes in the legal profession. Here are some developments in the past few weeks.
The UK government has confirmed that key workers include those ‘essential to the running of the justice system’. They are:
Advocates (including solicitor advocates) required to appear before a court or tribunal (remotely or in person), including prosecutors.
Other legal practitioners required to support the administration of justice including duty solicitors (police stations and court) and barristers, solicitors, legal executives, paralegals and others who work on imminent or ongoing court or tribunal hearings.
Solicitors acting in connection with the execution of wills.
Solicitors and barristers advising people living in institutions or deprived of their liberty.
The Solicitors Regulation Authority has said Legal Practice Course (LPC) might be changed to online assessment. It has previously suggested online assessments would not be permitted for core subjects and the exams would have to be delayed. All LPC providers must apply to the SRA for approval before making any changed to assessments and they will consider these changes on a provider by provider basis. For skill assessments and elective subjects, law schools are free to make alternative arrangements.
The SRA also confirmed that trainees are permitted to start their training contracts before completing LPC. The trainees can work from home as long as there are ‘sensible arrangements in place for supervisors to review trainees’ work remotely’.
The Law Society and the Ministry of Justice are discussing ways to deformalise the signing of wills and to make it quicker to register for lasting powers of attorney. Currently a will must be signed by the testator and two independent witnesses.
Insurers and claimants’ firms have agreed on a four-week protocol to freeze limitation dates in all personal injury cases and allow defendant requests for more time to a serve a defence. The truce was conceived between claimant firm Thompsons Solicitors and the Association of British Insurers. More than 40 other claimant firms and several insurance firms have now committed themselves to the agreement.
The UK government’s emergency support package for self-employed workers has prompted concern among barristers, who fear the £50,000 ceiling will place some practitioners in ‘financial straits’. The Chancellor of the Exchequer announced that self-employed workers who earn up to £50,000 a year can apply for a grant worth 80% of their average monthly profits. The Criminal Bar Association criticised the emergency measures, claiming junior barristers will be hit by the £50,000 cap.
The UK Supreme Court announced closure of physical premises this week. All cases and judgments hand-downs will continue via web-based video conferencing (Cisco WebEx video conferencing system) under further notice. Proceedings will be available to the public and media via the court’s website in the usual way. Footage will be available to view on demand within 48 hours of the live broadcast.
Fowler (Respondednt) v Commissioners for Her Majesty’s Revenue and Customs became the first Supreme Court case in the legal history to be conducted entirely by video conferencing.
Elgizouli (Appellant) v Secretary of State for the Home Department (Respondent) made history as the first judgment to be handed down remotely.
By Swarnim Agrahari