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ACT courts and profession expected to adapt to ‘enormous shifts’ in 2022
Although commended for its ability to administer justice despite the challenges of lockdowns and restrictions, ACT courts should expect to continue this work well into 2022 as the increased expectations of accountability threaten to erode trust in the rule of law, ACT Law Society’s president cautioned at the opening of the legal year.
Naomi Neilson
Reflecting on the last 12 months and the challenges of the COVID pandemic, Law Society president Elizabeth Carroll said it is likely 2022 will offer much of the same. At the opening of the legal year – presented virtually for the first time – Ms Carroll said it might be realistic to accept the challenges and seek to prepare for the future, rather than hoping for a “clear end date” for the many disruptions to the legal system.
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Ms Carroll identified five challenges for the legal profession over the next 12 months, starting with the rapid pace of change. Not only will this year mark the retirement of Chief Justice Helen Murrell, but it will also likely see a number of “enormous shifts” in the way legal services are provided, with courts predicted to be the first to adapt to them.
At the same time, the legal profession should expect to be embroiled in the decreasing levels of trust in the government and traditional sources of authority as COVID lockdowns and restrictions bring more attention to these public debates.
“The efforts of our courts to continue to serve the community despite the challenges of lockdowns and restrictions should be commended,” Ms Carroll said. “The importance of the courts as highly trusted institutions within our community can never be underestimated, and should continue to be supported.”
Similarly, public expectations of accountability and transparency – in the government and in the legal profession – will also increase, Ms Carroll predicted.
“The court and the profession in the ACT play an important role in ensuring actions taken by government at all levels comply with legal requirements. Looking at the erosion, or complete breakdown, of the rule of law in other countries, we must ensure our systems are robust enough to prevent that happening here,” she said.
Ms Carroll added that the legal profession would need different styles of leadership to suit the times, especially when it comes to wellbeing checks. While firms found new ways to connect with staff, Ms Carroll said the Law Society had made efforts to reach out to sole practitioners who would have “fewer supports available to them”.
Speaking on behalf of ACT practitioners, Ms Carroll said they were grateful for the leadership shown by Chief Justice Murrell during the pandemic, particularly in a letter “recognising the difficulties many were facing and continue to experience”.
Finally, Ms Carroll called for more funding as the pandemic continues to create an uptick in demands for legal services, but specifically so in the community legal sector. While the sector is accustomed to doing more with less, “the society needs more long term approaches to sustainable funding” as the need continues to rise.
