Many people, Justice Family Lawyers principal Hayder Shkara added, have also been confused as to how to handle or interpret parenting orders that conflict with lockdown laws or border closures.

“We have been assisting in a lot of these matters, but thankfully most of the time common sense has prevailed. As the rules around COVID-19 constantly change and evolve, family lawyers will need to stay on top of each regulation to see how they impact court orders for separated parents,” he said.

Moreover, the fact that many lawyers are now working from home and navigating media platforms to have their client’s cases heard has added layers of complication to daily legal practice, Mr Mort noted.

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“Chief Justice Will Alstergren has done an incredible job in ensuring families and more importantly, children, are continuing to have their cases heard. The switch over to online virtual courtrooms was expeditious and impressive. Its effectiveness will no doubt leave an indelible footprint and create a future pathway into this brave new world of litigation,” he mused.

Rethinking professional strategy

The pre-pandemic concept of work-life balance no longer exists, Mr Shkara reflected, and family lawyers have to adapt to a “new normal” in which the lines are blurred.

“One of our solicitors has recently had a newborn and has been enjoying the extra time he is able to spend with him and another solicitor has recently purchased a house and is renovating it. They are both managing their work schedules around their lives, meaning that work hours and ‘life hours’ are intertwined,” he outlined.

“Taking your child to the doctor or having tradies over at your house is suddenly easy and accessible, but the payoff is [that] your mind is always in two places at the same time. This will take some getting used to, but is definitely the way of the future.”

Family lawyers, Mr Mort advised, have to be comfortable in their new virtual settings.

“I discovered early on that the room in which I was sitting was inappropriate for conducting a trial; secondly, I found sitting down and cross examining akin to reading the news. Being a part time professional performer, I decided to dress my own set, complete with music stand for notes, a desk, a make-shift pile of old law books to act as my laptop stand (at just the right height) and my jug of water,” he suggested.

“No more sitting down asking questions: I found standing up cross examining much more effective and much more normal. The result was a huge injection of mojo and normalcy. I also found by ‘pinning’ the witness and having them consume the screen, secured a much better live window into their attitude and a clearer picture of their overall evidence. The effect is compelling as the illusion is that it is just you and witness and for me, that point of difference augurs well in terms of true focus, listening and comprehension. Finally, as we are taught in actor’s school, there is the opportunity to ‘work’ the camera. I commonly use the methods contained in my toolbox to my advantage and I believe the various nuances employed can definitely result in efficacious outcomes.”

Opportunities and optimism ahead

Despite the aforementioned challenges posed by the radical shifts required this year, the inherent practical and professional opportunities for family lawyers arise out of true accessibility, Mr Mort posited.

“For the first time, I believe we have a true capacity to get our messages out there to the greater public and brand ourselves effectively. I believe that more professionals will explore social platforms to market themselves effectively; importantly, what I am discovering is the powerful network that exists, which in turn generates not only work but other professional opportunities. I am a significant advocate for giving children a voice. I am a Director of a children’s charity, TO BE LOVED NETWORK. This charity sits alongside my Barrister duties, as a conduit to my belief system. Via social media I have gathered a strong network of supporters – people I would consider to be my tribe. From that network I have a real sense of community.”

“For me, that is the opportunity – to form your networks; to find your tribe; to achieve great things. Being a lawyer, these days means so much more to me and this new world provides for all us a prospect of leaving a memorable legacy,” he surmised.

Mr Shkara, on the other hand, noted that – more than ever before – family lawyers need to work together to find sensible solutions.

“It’s no secret that the family courts have a heavy backlog, and the lists are not getting smaller with more issues being raised from COVID-19. We are already pushing a large amount of our matters towards alternative dispute resolution, something that the courts are encouraging all practitioners to do,” he said.

Lawyers across the country “have an enduring spirit”, Mr Shkara continued: “They are ready for the challenges and the hardships that the pandemic may bring. If this is the height of the pandemic, then we have done well. Lawyers are used to challenges and overwhelming tasks, so if there is more to come, I have faith that my colleagues and I will be able to ‘rise to the trial’.”

Most family lawyers that Mr Mort knows, he reflected, are about making a difference to people’s lives in some positive way.

“[That includes] facilitating client change as they travel their road to recovery post separation and reality testing possible outcomes to dissipate the fog of relationship breakdown. Lawyers don’t choose family law; family law chooses them,” he advocated.

“It is an extremely tough area of law and emotionally wearing at times. It is with that spirit in mind that fuels my optimism in terms of the capacity family lawyers have to continue to respond to family hardships and deal with their clients in the most effective way. Communication is king for a family lawyer and post pandemic; a variety of communication measures and platforms will continue to be utilized by family lawyers. In my view, this type of new found accessibility for lawyers and their clients can only be advantageous in terms of our overall service options.”

With all this in mind, Mr Shkara highlighted the importance of ensuring that practitioners are well placed to make the most of the “new normal”, noting that “opportunity did not knock until I built a door”.

“Every situation can be shifted into a positive outcome if you put in the work. I don’t resent the lockdowns, the pandemic, working from home, curfews, restrictions, etc. I’ve decided to view this time as a once in a lifetime opportunity to reflect, build my firm and grow as a person,” she said.