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Coronavirus (COVID-19): the Effects on the Legal Profession

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Coronavirus (COVID-19): the Effects on the Legal Profession House of Commons Justice Committee Coronavirus (COVID-19): the impact on the legal professions in England and Wales Seventh Report of Session 2019–21 Report, together with formal minutes relating to the report Ordered by the House of Commons to be printed 22 July 2020 HC 520 Published on 3 August 2020 by authority of the House of Commons Justice Committee The Justice Committee is appointed by the House of Commons to examine the expenditure, administration and policy of the Ministry of Justice and its associated public bodies (including the work of staff provided for the administrative work of courts and tribunals, but excluding consideration of individual cases and appointments, and excluding the work of the Scotland and Wales Offices and of the Advocate General for Scotland); and administration and expenditure of the Attorney General’s Office, the Treasury Solicitor’s Department, the Crown Prosecution Service and the Serious Fraud Office (but excluding individual cases and appointments and advice given within government by Law Officers). Current membership Sir Robert Neill MP (Conservative, Bromley and Chislehurst) (Chair) Paula Barker MP (Labour, Liverpool, Wavertree) Richard Burgon MP (Labour, Leeds East) Rob Butler MP (Conservative, Aylesbury) James Daly MP (Conservative. Bury North) Sarah Dines MP (Conservative, Derbyshire Dales) Maria Eagle MP (Labour, Garston and Halewood) John Howell MP (Conservative, Henley) Kenny MacAskill MP (Scottish National Party, East Lothian) Kieran Mullan MP (Conservative, Crewe and Nantwich) Andy Slaughter MP (Labour, Hammersmith) The following were also Members of the Committee during this session. Ellie Reeves MP (Labour, Lewisham West and Penge) and Ms Marie Rimmer MP (Labour, St Helens South and Whiston) Powers © Parliamentary Copyright House of Commons 2019. This publication may be reproduced under the terms of the Open Parliament Licence, which is published at www.parliament.uk/copyright. The Committee is one of the departmental select committees, the powers of which are set out in House of Commons Standing Orders, principally in SO No 152. These are available on the internet via www.parliament.uk. Publication Committee reports are published on the Committee’s website at www.parliament.uk/ justicecttee and in print by Order of the House. Committee staff The current staff of the Committee are Nony Ardill (Legal Specialist), Chloë Cockett (Senior Specialist), Mark Doyle (Committee Media Officer), Seb Newman (Second Clerk), Su Panchanathan (Committee Assistant), Tracey Payne (Committee Specialist), Christine Randall (Senior Committee Assistant), Jack Simson Caird (Assistant Counsel), Holly Tremain (Committee Specialist), and David Weir (Clerk). Contacts All correspondence should be addressed to the Clerk of the Justice Committee, House of Commons, London SW1A 0AA. The telephone number for general enquiries is 020 7219 8196; the Committee’s email address is [email protected]. You can follow the Committee on Twitter using @CommonsJustice Coronavirus (COVID-19): the impact on the legal professions in England and Wales 1 Contents Summary 3 1 Introduction 4 2 The impact of coronavirus on the legal professions 5 Practical difficulties faced by the legal professions as a result of coronavirus 5 Increased use of technology for remote court hearings 5 Confidential communications with clients 5 Social-distancing, hand washing facilities and security searches at courts 6 Financial difficulties faced by the legal professions 7 Reduction in legally aided work 7 Pressures on publicly funded legal services providers before Coronavirus 7 The impact on diversity and social mobility at the Bar 8 The view from the legal professions of the impact of Coronavirus 9 Financial support from the Government 10 General financial support that is also available for the legal professions 10 Specific support for the legal professions 11 3 The way ahead 12 The beginnings of the recovery from the coronavirus restrictions 12 Potential new measures to ensure continued access to legal services 12 Conclusions and recommendations 15 Formal minutes 17 Witnesses 18 Written evidence 19 List of Reports from the Committee during the current Parliament 21 Coronavirus (COVID-19): the impact on the legal professions in England and Wales 3 Summary The Coronavirus pandemic is an unprecedented public health emergency. Measures taken to control the disease have unavoidably affected the justice system. During the period of ‘lockdown’ there have been fewer arrests and charges and fewer prosecutions brought by the Crown Prosecution Service. Trial by jury was paused. Fewer civil cases have started. While the most urgent cases have been dealt with by those courts that have remained open and via remote hearings using video and phone calls, many others have been put on hold. The reduction in legal activity means lower incomes for legal services providers. Legal services providers have been able to use some of the general financial support schemes offered by the Government and there have been some changes to the way legal aid is paid, however there are gaps in the support. Legally aided services, that were already under significant financial strain following many years of reductions to legal aid budgets, are under great pressure. We are concerned that as a result of Coronavirus some barristers, solicitors, and law centres may collapse. Given the pent-up demand and the increased number of cases waiting to be heard that has built up since mid-March 2020, it is imperative that the Ministry of Justice takes action to prevent the collapse of legal services providers that will be needed as the measures to control Coronavirus are lifted. Without this there is a clear risk that those seeking legal advice and representation will find that it is not there when they need it. 4 Coronavirus (COVID-19): the impact on the legal professions in England and Wales 1 Introduction 1. This is one of four reports we are publishing on the impact of Coronavirus (COVID-19) on prisons, probation, courts and legal systems in England and Wales. It covers the period 16 March to 30 June 2020. Access to justice is one of our priorities, and in this report, we look at the effect of coronavirus on providers of legal services given the potential for reduction in access to justice should some providers cease to be able to operate.1 2. The coronavirus pandemic is an extraordinary event. From mid-March, the Government responded by taking steps to control spread of the disease. These have unavoidably had an impact on all areas of public and private life including the justice system. On 24 March, the Lord Chancellor and Secretary of State for Justice, Rt Hon Robert Buckland QC MP, told us that “the overall policy objective I have is to maintain the system of justice and law and order in our country, even in the teeth of this unprecedented threat.”2 3. HM Courts and Tribunals Service (HMCTS), the Ministry of Justice (MoJ) and the Judiciary worked together in response to the emergency to reduce social interactions at courts by: • closing some courts; • suspending jury trials; • focusing on priority cases; and • increasing the use of technology to support remote hearings.3 4. These measures have had significant impacts on the legal professions. There have been practical challenges to do with the sudden increase in use of technology and in relation to staying safe when attending the courts that have remained open; and there have been financial implications as levels of work have reduced dramatically. 5. We thank the organisations and witnesses that provided evidence to us on the impact of Coronavirus and pay tribute to all those working in the courts and legal professions for their professionalism, adaptability and hard work to keep the justice system in England and Wales going. 1 By legal services providers we mean solicitors firms, self-employed barristers, and Law Centres and other not- for-profit organisations providing legal advice and representation. 2 Oral evidence taken on the 24 March 2020, HC (2019–21) 225, Q5 3 HMCTS, COVID-19: Overview of HMCTS response, July 2020, p 3. More information about the impact of Coronavirus on the courts can be found in our report Coronavirus (COVID-19): The impact on the Courts in England and Wales (forthcoming). Coronavirus (COVID-19): the impact on the legal professions in England and Wales 5 2 The impact of coronavirus on the legal professions Practical difficulties faced by the legal professions as a result of coronavirus Increased use of technology for remote court hearings 6. Legal professionals have adapted impressively quickly to working from home and holding and attending hearings remotely, but this can be difficult. Lord Burnett of Maldon, the Lord Chief Justice, told us that “the quality of the kit matters a great deal. If you are doing this sort of encounter with a laptop, you are hunched over it, you are cramped and you do not have room for paper. If you are doing a full video hearing, you need two screens: one you can put papers on and the other so you can see people.”4 7. On 1 May, the Rt Hon Sir Terence Etherton, the Master of the Rolls, commissioned a rapid review of the impact of Covid-19 measures on the civil justice system. The results were published on 5 June. Lawyers who responded were broadly satisfied with remote hearings although they had some concerns: “[they] found remote hearings to be more tiring to participate in than physical hearings, particularly those that proceeded by video. Findings also suggest that remote hearings may not necessarily be cheaper to participate in, which may be counter to assumptions about relative costs being lower.”5 Confidential communications with clients 8. On 24 March, Robert Buckland told us that there is “an issue with regard to legal conferences and lawyer/client interviews… I know from my own experience that the conference with counsel or the client’s ability to give instructions in a confidential way is absolutely essential.
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