7th Report: Coronavirus (COVID-19): the impact on the legal professions in England and Wales

There have been positive developments in providing online solutions to providing court services, but pending full roll out of HMCTS’s cloud video platform, we recommend that the Ministry of Justice sets out the steps it is taking to ensure that … Read more There have been positive developments in providing online solutions to providing court services, but pending full roll out of HMCTS’s cloud video platform, we recommend that the Ministry of Justice sets out the steps it is taking to ensure that lay parties to hearings have access to the technology they need so that they can communicate well, and confidentially, with their lawyers. We also recommend that the Ministry of Justice reviews how well remote hearings have worked for all participants in all jurisdictions before rolling them out further. Show less

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It is important that the legal professions properly represent the society they serve, not least because they form a large part of the pool from which the Judiciary is drawn. The MOJ should set out what it will do to … Read more It is important that the legal professions properly represent the society they serve, not least because they form a large part of the pool from which the Judiciary is drawn. The MOJ should set out what it will do to make sure that coronavirus restrictions on the justice system do not disproportionately affect the incomes of Black, Asian and minority ethnic or state-educated legal professionals, nor reduce their ability or desire to enter and work in the courts and tribunals system. Show less

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We recommend that the Ministry of Justice considers the Bar Council’s proposals for using alternative evidence (other than tax returns) for bringing new barristers and returning practitioners within the remit of the Self-Employed Income Support Scheme and that it report … Read more We recommend that the Ministry of Justice considers the Bar Council’s proposals for using alternative evidence (other than tax returns) for bringing new barristers and returning practitioners within the remit of the Self-Employed Income Support Scheme and that it report back to us on whether it decides to adopt the proposals and, if not, provide the reasons for that decision. Show less

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We recommend that the Ministry of Justice considers the Law Society’s detailed proposals for payment and repayment of monthly payments (to solicitors firms and not-for-profit providers) and that the Ministry of Justice reports back to us on whether it decides … Read more We recommend that the Ministry of Justice considers the Law Society’s detailed proposals for payment and repayment of monthly payments (to solicitors firms and not-for-profit providers) and that the Ministry of Justice reports back to us on whether it decides to adopt the proposals and, if not, provide the reasons for that decision. Show less

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We recommend that the Ministry of Justice considers further grants for law centres and other not-for-profit legal services providers that are at risk of collapse. The Ministry of Justice should report back to us with its decision and provide its … Read more We recommend that the Ministry of Justice considers further grants for law centres and other not-for-profit legal services providers that are at risk of collapse. The Ministry of Justice should report back to us with its decision and provide its reasons if it decides not to provide such grants, and state what provision it will make for users of the centres that cease operations. Show less

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We urge the Ministry of Justice and the Legal Aid Agency to continue to be creative as to how legal aid is administered so that the legal professions are not further damaged by inflexible processes and contractual requirements on top … Read more We urge the Ministry of Justice and the Legal Aid Agency to continue to be creative as to how legal aid is administered so that the legal professions are not further damaged by inflexible processes and contractual requirements on top of the problems arising directly from the coronavirus crisis. (Paragraph 42) Coronavirus (COVID-19): the impact on the legal professions in England and Wales 17 Show less

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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 …

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Publicly funded legal services providers were already under stress before coronavirus.

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Newly qualified barristers face particular pressure.

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Small high street firms are particularly at risk from the effects of coronavirus restrictions.

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Law centres and other not-for-profit legal advice providers are also at great risk.

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The furlough scheme has been very useful, with both solicitors’ firms and barristers’ chambers using it to reduce staff costs. We heard that the loan schemes were less helpful, particularly for small high street firms.

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The Legal Aid Agency has made changes to help the legal professions. For example, it has made it easier to claim interim and hardship payments, aligned some fees for remote work with those for in-person work, and halted pursuit of outstanding debts owed to the Legal Aid Agency. Amanda Pinto …

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The support provided by the Government is welcome, but it cannot compensate for the significant drop-off in the amount of work being done and remove the risk of a collapse in legal services providers. (Paragraph 32) The way ahead

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It is important that the legal professions are in good shape to deal with the increase in demand for legal advice and representation that is on the horizon.

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On 23 June, we asked Robert Buckland about business rates relief, and he suggested that his requests to the Treasury were unlikely to be fulfilled but that he was looking for other imaginative solutions. The Ministry of Justice should consider how it can help those self-employed practitioners whose profits are …

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