In its A Fair Post-COVID Justice System report, the Law Society asked its members about the impact of remote delivery of legal services and found that its time efficiencies, cost savings and benefits for accessibility and flexibility have been largely welcomed. However, there were some ongoing concerns that could be either ironed out over time or adjusted back to the previous way of working.

Within the litigation space, this included remote cross-examination of witnesses and remote court hearings with an unrepresented party. Across the board, 69 per cent of respondents involved in litigation said there should “always be an opportunity for court processes to take place in person”. They also had some concerns about the security and privacy of remote hearings and the ability to settle a dispute early.

Commenting on the findings, Law Society president Joanne van der Plaat said: “COVID-related changes have required legal practitioners to change the way they practise law while navigating new realities in their work situation.

“The findings from this research will shape our policy submissions to inform the conversations we will continue to have with the courts and the government, on behalf of the profession, as we embark on a pathway out of the pandemic.”

While practitioners agreed that virtual courts have their strengths, they did widely acknowledge that there are some processes that should revert to pre-pandemic ways of working. Views about in-person were mixed, however, with some reporting that it would be best suited to appearances of a procedural matter, such as mentions or directions hearings. Respondents were also concerned about virtual matters involving defending hearings, witnesses, complex evidence and juries.

Within the advisory space, participating in mediation or other alternative dispute resolution remotely was the least valued part of virtual working. Lawyers reported some concerns with security and privacy, and fairness afforded to each party. However, only 16 per cent of respondents indicated that they would not keep using the changed processes for any situation if they were given the choice.

Other than the time and cost efficiencies involved in virtual working, advisory practitioners were particularly appreciative of using online platforms for lodging documents on behalf of a client. The majority of respondents said they would like to see a permanent shift to lodging documents via an online platform.

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Off that, the survey found that there are still some teething issues involved with online lodgement, including lack of consistency across the courts and tribunals, upload limits being too small, lack of familiarity and problems with bugs. Some of these concerns can be addressed as courts continue to work virtually.

The NSW Law Society also asked its members about the workplace changes and found that 42 per cent felt the impact was positive, leaving 25 per cent reporting it negative and the rest undecided. About 70 per cent of respondents indicated a preference to keep the workplace changes for some situations only.

These situations include addressing staff mental health and wellbeing, professional networking and business development, maintaining client relationships and preserving the ability to train, develop and mentor more junior practitioners. However, greater flexibility and ability to meet CPD requirements were positive.

“The research highlighted that all solicitors, particularly those most at risk of being left behind in these changes, could benefit by continuing to keep up to date with latest developments, directives and changes to processes – which is where our regular COVID-19 updates to the profession will continue to prove beneficial.

“And we can also look at whether this can be supplemented with specific training, guidance or advice,” Ms van der Plaat commented.