President’s Message

Confronting the challenges of COVID-19

TIM WHITE, PRESIDENT, LAW SOCIETY OF SA

Ihope you are all coping with the current environment we are all having to work in over the past month or so. These are challenging and unusual times that few, if any of us, have experienced in the past. The most memorable description of working in the current COVID-19 environment I have heard was by co-founder of Airbnb, Brian Chesky, who stated: “Running a business at the moment is like continuing to construct a new home whilst it is on fire.”

I thought that metaphor painted a very vivid but accurate picture of how many of us have felt in recent times. Keep persevering, as I am sure your clients will be especially appreciative of your advice and assistance in these times more than ever before.

Our profession has risen to take on the endless challenges presented to it of late, and I wanted to briefly share with you a few examples of these . I have heard about trials proceeding in the SAET via video conferencing where both counsels, the tribunal member, instructing solicitors and the witnesses were all located in different buildings. Despite those logistical challenges I understand the matters were heard and dealt with efficiently and almost as expeditiously as if these had occurred with all parties present in person. I understand there have been similar experiences involving South Australian practitioners in the Federal Court and also in the High Court.

Practitioners appearing in the criminal divisions have arguably confronted the greatest challenges in terms of managing social distancing requirements. Given the daily attendances in court that their work necessitates, and the diversity and volume of matters that pass through the Magistrates Court, they have done an exemplary job in ensuring their clients have continued to be able to access legal assistance in a modified capacity. The Magistrates Court, like other jurisdictions, has worked very closely with the Law Society and practitioners to ensure the “wheels of justice” keep turning. The extent to which most matters have been able to continue to progress through the various jurisdictions is impressive, and a credit to the Courts and the practitioners involved.

The many questions and challenges that we face in practising the law are being experienced by fellow practitioners in other states or territories of Australia, and indeed by lawyers all around the world. After consulting many of the websites of our equivalent Law Societies or Bar Associations overseas, this commonality became even more obvious. By way of just one example, the Law Society of British Columbia in one of its main COVID-19 updates informed practitioners that in March virtual commissioning of affidavits was permitted. Another example of the measures being taken in Canada was the announcement that time limitations for instituting proceedings applicable to family law and civil actions be suspended,which continues until the state of emergency is rescinded. Similar changes have been implemented in some states of Australia. NSW has recently passed a significant regulation allowing

witnessing of certain documents, including a will, power of attorney and a deed, by an audio-visual link.

These are all important developments in enabling our clients to still receive access to legal advice and services in these restrictive times.

The Society is continuing to regularly make submissions to the Courts and the Attorney General’s office in relation to various modifications to Acts, regulations or court rules that will enable us to provide assistance to clients remotely. Some of the recent requests made include: • Allowing electronic signing of court documents by solicitors • Permitting wills, powers of attorney and affidavits to be witnessed remotely • Allowing certain statements and other court documents that are required to be signed by a client, to be filed without a client’s original signature • Further court appearances to be done via telephone or video conferencing • The reintroduction of jury trials

There remains many aspects that the Society continues to work on for the benefit of its members. There will be new and different challenges that we face each week, and all the stakeholders involved in the provision of justice will need to adapt and change the way it is offered. These changes will hopefully ensure members of the public retain faith and trust in our profession. Keep up the terrific work you are all doing whilst remaining safe and well. Thank you to those members who have provided feedback and suggestions to me direct, please continue to do so. B