Login
Under half of practitioners found COVID-related court changes to be positive
New research has revealed that less than half of practitioners found the overall impact of COVID-related changes on the justice system was positive. Although they credited the ease and speed of resolutions to the digital updates, many were left concerned about the appropriateness of trials and disconnection from the courts.
Naomi Neilson
As part of the NSW Law Society’s A Fair Post-COVID Justice System report, 40 per cent of surveyed practitioners found the changes to be positive, compared to the 22 per cent who reported the entire experience to have left a negative impact. While some reported potential for the changes to become permanent, others are concerned about what this will mean for lawyers and their clients moving forward.
The positives were the increased use of technology where it was unprejudicial, which was a “no-brainer” over the last two years. Several members specifically mentioned “greater use of remote processes increasing and access to justice”, while others spoke of the benefit of remote hearings for vulnerable parties, the research found.
However, on the other side of the results, practitioners were most concerned about public access to viewing of court hearings, participation of clients or witnesses in the courtroom and litigant access to support services. There were also concerns about disadvantages to unrepresented parties and the appropriateness of jury trials.
Many practitioners also indicated that they were concerned about the perceived difficulty of getting hold of material produced under subpoena, perceived increased disconnection from the criminal justice system, and the reduced ability for junior lawyers to “watch and learn” from other lawyers or to develop oral advocacy skills.
Commenting on the findings overall, president Joanne van der Plaat said: “Additional issues that are worth further consideration include ensuring the general public has access to virtual court hearings, maintaining quality lawyer/client relationships and ensuring that clients involved in remote hearings feel part of the justice system.”
As reported previously, the Law Society also broke down the impacts by litigation and advisory. Within the litigation space, practitioners said there should “always be an opportunity for court processes to take place in person”, especially when it came to cross-examinations or working opposite self-represented parties.
Within the advisory space, participating in mediation or other alternative dispute resolution was the least valued part of the last two years. Practitioners reported concerns with security and privacy and the fairness afforded to each party.
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
You can email Naomi at:
