The global fallout from the coronavirus (COVID-19) outbreak continues and is being felt in every possible sector and section of society.
As the mediating point for every regulated aspect of our lives, the legal services sector is now in a unique position, but, like so many other sectors, such as hospitals and supermarkets, it runs the risks becoming overwhelmed at a time when businesses, individuals, employers and employees face not only their usual raft of day-to-day disputes and challenges but must also grapple with the legal and financial fallouts of COVID-19.
In some ways it is fortunate that COVID-19 has occurred at a time when many law firms have finally begun to embrace a certain amount of technological disruption within the sector, thereby increasing their flexibility and ability to respond to the challenges ahead.
For example, certain firms have recently closed their offices as a result of coronavirus concerns, but they have been quick to inform clients that they will continue to operate as normal – albeit not from their usual geo-locations but from the home offices of staff members who are able to work remotely. Many legal firms now have sophisticated technology and IT systems in place to ensure that client service can remain unaffected.
However, there are areas of the legal profession that tend to be more reliant on teamwork than others. For example, commercial law tends to be heavily team-based – as such, commercial law firms will have to find ways to adapt intelligently and efficiently without making services more costly to clients.
International law firms are inevitably the worst affected. Many firms have already limited or withdrawn from all China-based work – for example, Linklaters, Dentons and Pinsent Masons.
But this is to say nothing of courts, which, in order to uphold law in society are required to carry-on in all but the most exceptional of circumstances, and although it is clear that they are attempting to continue, long trials at the moment look impossible, while even smaller cases face procedural deadlock in the event that one or more participants are struck down with coronavirus symptoms or members of the court or legal teams need to self-isolate.
Emergency bill for virtual courts
It would seem reasonable in this context if both courts and law firms could find a way to expand their use of technological solutions, most pertinently, video-conferencing. Fortunately, the government has proposed an emergency bill to set up virtual courts for both criminal and civil cases, although the Covid-19 Emergency Bill would only allow for telephone or video proceedings to be carried on in civil proceedings at magistrates’ courts.
Emergency Wills
Wills solicitors are expecting to see a surge in the numbers of older and at-risk clients looking to make emergency Wills in light of the coronavirus threat.
However, this can be problematic as all Wills need to be witnessed by at least two independent individuals. If there is any concern about risk of exposure to Covid-19, it may simply be impossible to make a valid Will at the moment. This does not mean that you shouldn’t make a Will and try to have it witnessed in whatever way possible – it does however mean that any Will made without the correct witnessing and validation may later be subject to legal challenge. There are no easy answers.
What about clients – how do they contact their law firms?
Inevitably, coronavirus will result in some clients facing difficulties contacting their solicitor. Fortunately, with services such as Oratto, it is always possible to find legal representation. However, if your enquiry is in relation to a matter that's nearing resolution, it may be worth deferring or finding another practitioner within the same firm.
It is also important that clients try their firm’s website before panicking if a phone call goes unanswered. Many firms may not be available to pick up the usual office phone, but they are very likely to have alternative contact methods listed on their websites and most have included highly visible information on their Home Pages.
