From the Editor

Practitioners adjusting to major upheaval

MICHAEL ESPOSITO, EDITOR

Iassume the majority of you are now working from home and are adjusting to a very different way of working.

For a number of us, particularly those juggling parental or caring duties with work, merely staying afl oat could be considered a huge achievement.

There’s no doubt the profession is doing it tough, and it’s not just anecdotal. A survey that the Society sent to Members asking for their views with regards to the commencement of the Civil Rules amid the health crisis revealed that 70% of respondents had been fi nancially impacted by the pandemic and a number have had to cut staff or reduce employees' hours.

As President Tim White has mentioned in his President’s Message and numerous notices to the profession, the Society has been busy doing what it can to support the profession during this time, in terms of providing practice management support, keeping the profession regularly informed of developments affecting the legal system, and advocating for measures to facilitate the delivery of legal services as best as possible in challenging circumstances.

While there has been an unavoidable fi nancial impact on the profession, as there has been in most sectors, the COVID-19 pandemic has also thrown up a number of novel legal problems that have not been contemplated in great detail before. Nevertheless, lawyers are equipped to help resolve such unprecedented issues and therefore play a critical role in guiding people through very challenging times.

The Society, in consultation with special interest committees, identifi ed a number of legal issues that have arisen or become particularly pronounced as a result of COVID-19. These issues have formed the basis of a social media campaign to highlight some of the issues that people might be dealing with at the moment and encouraging them to see a lawyer.

The market volatility caused by COVID-19 has seriously impacted asset values, which has legal implications with regards to a number of issues such as estate planning, division of assets and business contracts. There’s uncertainty and angst around parenting arrangements. Employers and employees are doing it tough, raising numerous industrial law issues. The list goes on.

In the midst of all this is the imminent commencement of the Uniform Civil Rules and the CourtsSA electronic fi ling system, which will herald signifi cant changes to procedures in the civil jurisdiction.

It was recently announced that the commencement date of the new Rules has been deferred to 18 May, giving the profession a few more weeks to prepare. This is likely to provide some relief for fi rms that are also dealing with the upheaval caused by COVID-19.

Members of the Society’s Civil Litigation Committee, Alex Lazarevich and Lisa Amabili, have written a detailed summary of the Rules in this edition of the Bulletin. It will no doubt be a hugely valuable resource and the Society thanks them for their efforts in putting this article together.

This edition contains other extremely helpful articles that provide practical advice on the art of advocacy, as well as a digest of the practice management guidance the Society has provided during the COVID-19 pandemic. B

IN THIS ISSUE

MANDATORY SENTENCING The effect of mandatory prison for sex offences

COVID-19 RESTRICTIONS Civil liberties implications of social distancing