Legal Profession / Legal Practice

Allman, Kate, 'Technology: NSW Allows Witnessing Documents via Video Call - but Are There Privacy Risks?' (2020) 67 LSJ: Law Society of NSW Journal 14
Abstract: As office spaces have been forced shut by COVID-19, many law firms have shifted the bulk of their legal work online in the space of a few weeks. Some have been left wondering whether this rapid transition could introduce previously not-contemplated privacy and security risks for lawyers and their clients.

Anderson, Beth, 'In-House, From Home' (2020) 65(5) Journal of the Law Society of Scotland 36-37
Abstract: Presents the experiences of new ways of working in response to the COVID-19 lockdown described by in-house lawyers in a series of virtual round tables, which highlighted themes of collaboration, positivity and finding a way forward.

Andrews, Mark, 'The Times Are A-Changin' with COVID-19: And Law Firms Show They Can Adapt' [2020] (May) Australasian Law Management Journal 1-5
Abstract: During the past few months, lawyers and their teams have been forced to make significant changes to the way they work on a day-to-day basis because of the COVID-19 crisis, but is this just a temporary hiatus in change resistance for the profession? Mark Andrews urges firms to think about change beyond the pandemic.

Angelos, Claudia et al, 'Diploma Privilege and the Constitution' (2020) 73 SMU Law Review Forum 168
Abstract: The COVID-19 pandemic and resulting shutdowns are affecting every aspect of society. The legal profession and the justice system have been profoundly disrupted at precisely the time when there is an unprecedented need for legal services to deal with a host of legal issues generated by the pandemic, including disaster relief, health law, insurance, labor law, criminal justice, domestic violence, and civil rights. The need for lawyers to address these issues is great but the prospect of licensing new lawyers is challenging due to the serious health consequences of administering the bar examination during the pandemic.State Supreme Courts are actively considering alternative paths to licensure. One such alternative is the diploma privilege, a path to licensure currently used only in Wisconsin. Wisconsin's privilege, limited to graduates of its two in-state schools, has triggered constitutional challenges never fully resolved by the lower courts. As states consider emergency diploma privileges to address the pandemic, they will face these unresolved constitutional issues.This Article explores those constitutional challenges and concludes that a diploma privilege limited to graduates of in-state schools raises serious Dormant Commerce Clause questions that will require the state to tie the privilege to the particular competencies in-state students develop and avenues they have to demonstrate those competencies to the state's practicing bar over three years. Meeting that standard will be particularly difficult if a state adopts an in-state privilege on an emergency basis. States should consider other options, including privileges that do not prefer in-state schools. The analysis is important both for states considering emergency measures and for those that might restructure their licensing after the pandemic.

Angelos, Claudia et al, 'The Bar Exam and the COVID-19 Pandemic: The Need for Immediate Action' (Ohio State Public Law Working Paper No 537, 22 March 2020)
Abstract: The novel coronavirus COVID-19 has profoundly disrupted life in the United States. Among other challenges, jurisdictions are unlikely to be able to administer the July 2020 bar exam in the usual manner. It is essential, however, to continue licensing new lawyers. Those lawyers are necessary to meet current needs in the legal system. Equally important, the demand for legal services will skyrocket during and after this pandemic. We cannot close doors to the profession at a time when client demand will reach an all-time high. In this brief policy paper, we outline six licensing options for jurisdictions to consider for the Class of 2020. Circumstances will vary from jurisdiction to jurisdiction, but we hope that these options will help courts and regulators make this complex decision. These are unprecedented times: We must work together to ensure we do not leave the talented members of Class of 2020 on the sidelines when we need every qualified professional on the field to keep our justice system moving.

Antoniou, Nicola et al, 'Royal Holloway, University of London and the Afghanistan and Central Asian Association: New Partnerships and Challenges During COVID-19 in the Clinical Legal World' (2020) 27(4) International Journal of Clinical Legal Education 155-178
Abstract: In January 2020, Royal Holloway, University of London set up a new Legal Advice Centre offering free legal advice to the local community, including building upon key partnerships to address unmet legal needs. This practice-paper discusses Royal Holloway's Legal Advice Centre (LAC) and the Afghanistan and Central Asian Association's (ACCA) collaborative approach and response to the global pandemic since March 2020. It will highlight the unprecedented challenges that they have faced, and their efforts to overcome them. In addition, the paper will discuss their research project, which provides Royal Holloway's student volunteers with the opportunity to gain unique multidisciplinary understandings of the effect of the pandemic in Afghanistan, and a chance to put their legal skills into practice by producing legal information to support local users of both Royal Holloway's LAC and the Law Clinic at the ACAA.This practice-paper includes a road map to Royal Holloway's long-term goal, namely, to work with ACAA to research the legal vulnerabilities of women in Afghanistan, with the aid of a research grant supporting international collaboration. Recent reports highlight that lockdown and quarantine measures will have a long-term impact on the basic rights and freedoms of Afghan women, who already face hardship.

Ariens, Michael S, 'The NCBE's Wrong-Headed Response to the COVID-19 Pandemic' (SSRN Scholarly Paper No ID 3587751, 28 April 2020)
Abstract: The NCBE issued a White Paper in early April 2020 attacking proposals to admit 2020 graduates of law schools through a diploma privilege with some additional requirement of supervised practice hours. Its justifications are both self-serving and inconsistent. In an unprecedented time, the NCBE chose to protect its monopoly position in providing bar examination products rather than the 2020 bar applicants upended by the COVID-19 pandemic. Its claim to protect the public from the licensing of 'incompetent' bar applicants rings hollow. Because the legal profession is wedded to the status quo in licensing of new lawyers, the NCBE will likely survive the threat to its existence delivered by the pandemic. But its claims should not go unanswered.

Beaugh, Stephanie M and Jordan M Maier, 'Lawyers and Libraries 2020: A Winning Combination of Virtual Services' (2020) 68(4) Louisiana Bar Journal 260-261

Brescia, Raymond H, 'Ethics in Pandemics: The Lawyer for the (Crisis) Situation' [2020] Georgetown Journal of Legal Ethics (forthcoming)
Abstract: Lawyers often respond to client crises. But a client crisis is not necessarily a crisis for the lawyer when the lawyer is competent, prepared, and trained to handle that crisis. More and more, though, lawyers are asked to face novel crises that are so pervasive that they impact the ability of the lawyer to provide competent, effective, and zealous advocacy for her client. Today, lawyers are sheltering-in-place while their clients suffer immense hardship, either in prison or detention where the Coronavirus is spreading like wildfire, or homebound, forced to remain with an abuser. The Model Rules of Professional Conduct provide some limited guidance to lawyers dealing with emergency situations, and there has been some tinkering along the margins of the rules in response to recent crises, particularly as the rules address the unauthorized practice of law in jurisdictions where emergencies arise. Some scholarship addresses how lawyers have dealt with crises in discrete areas, with a great deal of attention being directed toward the national security context in particular. More and more though, lawyers are asked to assist clients in novel and widespread crises that affect many areas of practice, and the Model Rules do not address the ways in which such crises can impact the practice of law more generally. The main approach this Article takes is to assess the extent to which scholarship and the current rules governing the practice of law and their underlying principles account for some of the unique aspects of practice in novel, pervasive crises. To date, legal scholarship has not considered the ways in which what I call crisis lawyering may be a mode of practice many, if not all lawyers, will face throughout the course of their careers. Moreover, one of the purposes of the Model Rules includes providing guidance to lawyers but they also serve as a means by which we can measure lawyer conduct to ensure there is some degree of lawyer accountability to clients, adversaries, the legal system, and the general public. By using the Model Rules as a starting point for the analysis, this Article explores the somewhat disjointed ways in which the rules that govern the practice of law offer guidance to the lawyer facing novel, pervasive crises. It also addresses the needs of lawyers operating in fields where they may confront crisis situations and seeks to recognize that crisis lawyering may be a form of practice that is, itself, trans-substantive, demonstrating distinct similarities across different areas of practice. This Article attempts to address the absence of scholarship addressing crisis lawyering and analyzes the extent to which the current rules governing the practice of law are or are not adequate to the task of providing guidance--and accountability--to lawyers dealing with such situations. It also offers recommendations for how we may consider amendments to those rules to better reflect the needs, interests, and obligations of lawyers dealing with crisis situations so that lawyers may serve their clients better and more effectively when faced with such crises.

Carroll, Trish, 'Is Covid-19 the Mother of All Disruptors for the Legal Profession?' [2020] (April) Australasian Law Management Journal 1-6
Abstract: In an effort to understand the long-term changes that the COVID-19 pandemic may have on the legal profession, Trish Carroll taps into the minds of final-year law students and also ponders what the fallout will mean for lawyers' engagement with clients.

Chandra, Geetanjali, Ruchika Gupta and Nidhi Agarwal, 'Role of Artificial Intelligence in Transforming the Justice Delivery System in COVID-19 Pandemic' (2020) 11(3) International Journal on Emerging Technologies 344-350
Abstract: Artificial intelligence is programmed on computers to depict human intelligence. It has created a huge hype and has evolved to revolutionize almost every profession including legal sector. New lawful simulated AI programming software like Ross intelligence and Catalyst along with Machine Learning and Natural Language Processing give viable fight goals, better legitimate clearness, and better permission to justice and new difficulties to ordinary law firms offering legal assistance utilizing leveraged cohort correlate model. Also, AI enabled lawyer bots are performing tasks that normally requires human intellect and needs to be performed by lawyers. In such a situation, a question strikes- Will these lawyer bots replace human lawyers? This question becomes all the more important in the present scenario when the whole globe is facing challenges imposed by global pandemic 'COVID-19'. How is COVID-19 going to change the justice delivery system, and what does it look like? Therefore, this study is conducted to evaluate the role of artificial intelligence in transforming the justice delivery system post COVID-19. The study tries to examine the various areas in which AI is affecting the legal profession, evaluate the extent of its impact on the legal employment, assess the tasks in legal sector which cannot be undertaken by AI, and discuss the legal issues in the implementation of AI. The study also suggests the way forward with regards to the future of legal sector to help practitioners and researchers

Clark, Annette, 'Diploma Privilege and the Future of the Bar Exam' (2020) 37(6) GPSolo 19-23
Abstract: The COVID-19 pandemic has disrupted our lives and work in ways that were unimaginable only six months ago, as we've been faced with illness and death within our families and communities, a health care system that has be enstrained beyond capacity, the loss of jobs and increasing economic insecurity, anxiety and depression brought on by the fear of contracting the virus and the isolation imposed by our governments in trying to combat its spread, and so much more. For recent law school graduates, add to this demoralizing list the need to take and pass a bar exam in the middle of a public health crisis. At the same time, as dean of Seattle University School of Law, I followed the lead of some of my fellow deans across the country by reaching out to the body that administers the UBE in my state--the Chief Regulatory Counsel for the Washington State Bar Association (WSBA) -- to request a joint meeting with the bar and the deans of the other two law schools.

Cohen, Ira, 'Law in the Time of Corona' (2020) 67(6) Federal Lawyer 48-52

Abstract: The article focuses on changes in legal profession during COVID-19 pandemic. It mentions lawyers must rely on some of the technology have long taken for granted in order to continue to function with even a semblance of normalcy and ramparts and into the next logical phase of legal practice. It also mentions increase in webinars and sessions of continuing legal education (CLE) and really need the aid and assistance.

Dowell, Katy, 'A 20 per Cent Cut to Salaries Is Now the Covid Norm.' [2020] (June 8) Lawyer (Online Edition) 1

Abstract: The article talks about a deduction in salaries of law firm personnel due to the Covid-19 pandemic.

Dowell, Katy, 'Three-Quarters of the UK's Biggest Firms Are Furloughing Staff.' [2020] (May 20) Lawyer (Online Edition) 1

Abstract: The article several law firms in Great Britain are furloughing staff due to the Covid-19.

Frere, Kelly G and Matthew B Frere, 'When Seniors Are Forced to Leave a Facility: Options for Care Can Be Limited' (2020) 56(9) Tennessee Bar Journal 42-43

Abstract: An issue that is increasingly affecting seniors is being discharged or evicted -- against their will and when they have nowhere else to go -- from a hospital, long-term care facility or in-home care services. Unfortunately, this problem exists with little in the way of solutions. As the family's lawyer, you need to know what resources are available -- and be aware that there are not many.

Frere, Kelly G and Matthew B Frere, 'Why Seniors as Clients Are Different During a State of Emergency.' (2020) 56(6) Tennessee Bar Journal 30-31

Griffiths, Catrin, 'The First Covid Collapse of a Law Firm, and Not the Last.' [2020] (May 22) Lawyer (Online Edition) 1

Haines, Anjana, 'MNEs to Shift Burden of COVID-19 Litigation to Law Firms' [2020] (28 May) International Tax Review 1-4

Abstract: Law firms globally must prepare for a wave of COVID-created litigation work over the next three months as more than 400 senior counsel and business executives say they are outsourcing the burden. A comprehensive survey conducted by Euromoney's Legal Media Group (LMG), which includes ITR, IFLR, MIP and Euromoney Thought Leadership Consulting, found that in-house legal and tax departments will ask their advisors to tackle the problems created by the COVID-19 pandemic.

Hansen, Lee, 'Effective Mobilisation of Social Welfare Law Advice in Response to the Covid-19 Pandemic' in Carla Ferstman and Andrew Fagan (eds), Covid-19, Law and Human Rights: Essex Dialogues (School of Law and Human Rights Centre, University of Essex, 2020) 217-227 <http://repository.essex.ac.uk/28045/> Abstract: The Covid-19 pandemic has the potential to spell the demise of access to justice for all but a select few. Prior to the crisis, the infrastructure for free and low-cost legal advice had been severely weakened by UK government policy and austerity-era budget cuts. Now, as solicitors are on furlough, law centres are on the brink of collapse and lockdowns have led to widespread service closures and restrictions, the legal needs of many members of society are set to multiply and may remain unmet. In the face of other crises (9/11, Bushfires, Grenfell), members of the legal support sector (legal aid providers, law centres, pro bono practitioners) worked together. This resulted in much needed help in the form of free legal advice to the affected communities. This paper surveys the lessons learned from such interventions. It explores the extent to which these experiences may serve as guidance to address the legal needs arising from the current crisis posed by the pandemic. It also highlights the unique features of the Covid-19 crisis. This suggests the need to look beyond ad hoc and technologically based measures (which worked in the past) to assert a more prominent role for the state in the legal advice sector.

Jacobowitz, Jan L, 'Chaos or Continuity? The Evolution of the Role of the Lawyer and the Impact of Technology on the Legal Profession From Its Nascent Use to the Digital Age, in Response to the COVID-19 Pandemic, and Beyond' (2020) 23 Vanderbilt Journal of Entertainment & Technology Law (forthcoming) < https://papers.ssrn.com/abstract=3647471 >

Abstract: What does it mean to be an advocate? In its broadest sense, advocacy means 'any public action to support and recommend a cause, policy or practice...'Advocacy is a communicative act. Advocacy is also a persuasive act... John Capecci and Timothy Lawyers advocate more so than state their own positions. Arlen SpecterThroughout much of history advocacy has been recognized as a necessary component of our society; a component that has been both respected and ridiculed. Advocacy on behalf of another developed as a cultural adaptation and a societal innovation to facilitate both dispute resolution and business transaction. In fact, third party advocacy birthed the legal profession which in turn evolved over time to adapt to cultural changes in society. Today the legal profession is fully entrenched in society and far from being thought about as an innovation. Instead, the legal profession finds itself confronted by the innovations of the digital age. Technology is challenging both the legal profession's adaptability and the nature of the attorney-client relationship. The attorney-client relationship likely originated in Ancient Greece and Rome. While scholars have documented much earlier findings of various societies establishing and imposing laws on their citizens, the concept of employing an advocate and the rise of a legal profession did not take root until much later. In fact,[t]here is not the slightest trace in ancient times of a distinct legal profession in the modern sense." The enactment of law much before the establishment of a legal profession is consistent with the concept that 'almost any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.' Moreover, the literature suggests that in preclassical times, there was no need for the role of a lawyer because the law was 'divinely sanctioned and revealed.' The answers to legal issues could be provided by a king, oracle or priest who possessed 'the divine stamp of approval' and served in a judicial function. In fact, ancient civilizations relied on the divine connection between kings, oracles, and priests to various recognized gods and goddesses who channeled messages of acceptable conduct. Court proceedings involved a review of documents and testimony from witnesses who took an oath to the gods. Ancient Greece's evolution of its legal system eventually provided for informal representatives and laid the foundation for a new profession. Ancient Rome elevated the status of legal representatives to paid professionals. From Ancient Rome through today, both the law and the legal profession continued to evolve to incorporate historical, cultural, and technological changes throughout the world. Contemporary lawyers practice in diverse environments and differing legal systems throughout the world. Yet, the attorney-client relationship--an interpersonal relationship that demands competence, confidentiality, and loyalty--remains remarkably the same in its essential components. What continues to change is the expression and facilitation of the relationship, especially as technology continues to impact our lives. This article will briefly explore the development of the legal profession from its origin in Ancient Greece and Rome to its emergence from the Dark Ages in England, and then will fast forward to the beginnings of the legal profession in the United States. Next, the article will explore the historical impact of technology on the legal profession and its ongoing challenge to adapt to the digital age. Finally, the article will conclude with some observations about technology, the COVID-19 pandemic, and the future of the legal profession.

Johnson, Lance G1, 'My Top 12 Growth Predictions for the Post-COVID Days' [2020] (July/August) Law Practice Today 7

Kriegler, Yun, 'Wuhan: The Chinese City Few Had Heard of Has More Lawyers than You Think.' [2020] Lawyer (Online Edition) 1
Abstract: The article reports on growth of legal services market in Wuhan, China. Topics include considered that the firm lawyers are not required to return to the office until 16 February 2020 in line with the local regulation on extended spring festival holiday; and demonstrate the increasing number of enquiries from corporate clients on the potential issues and disputes related to labor law and contracts due to the disruptions caused by the coronavirus crisis.

Kunc, Francois, 'Law in the Time of Coronavirus' (2020) 94(5) Australian Law Journal 315-319
Abstract: What follows are some vignettes of law in the time of coronavirus, written perhaps more with an eye to the interested readers of the future than for those of you reading it today, for whom this crisis is a pressing reality - the parliament, the courts, solicitors, barristers, law schools, and the future.

Kushwaha, Anurag, 'Effects of Economic Distress on Legal Aid Services Amid Covid-19 Pandemic in India' (2020) 1(6) LexForti Legal Journal
Abstract: The paper aims to analyse the adverse effects of poor economic condition amid COVID-19 pandemic on the legal aid services in India. The concept of access to justice and the disparity within social classes is a highlighting feature. The paper contends that the legal aid provided in India is not in a promising condition while the people who seek justice have to compromise due to the limited resources and generalised approach of the government and courts. The author recommends that there is a need to conjoin the efforts by the legal services institutions with educational institutions, government and non profit organisations to prioritise the vulnerable sections of our society and work on remodelling of legal aid facilities in accordance with the available resources.

Legg, Michael, 'FLIP: OK Zoomer - the Impacts and Future of Working from Home' (2020) 73 LSJ: Law Society of NSW Journal 77-79
Abstract: Business shut downs, border closures and social distancing in response to the 2020 COVID-19 pandemic have given rise to the widespread practice of working from home or the text-based shorthand 'WFH'. Prior to the pandemic, the idea of lawyers working from the dining room table or a spare room, including appearing in online courts, would have been absurd. In fact, it would probably have prompted the other texting acronym, 'WTF'! Yet the absurd has become the ordinary, indeed, the rational response to the pandemic.

Moppett, Samantha A, 'Channel Your Inner Kindergartner: Fostering a Culture Conducive to Creativity in Legal Practice' (SSRN Scholarly Paper ID 3689164, 2020)
Abstract: The COVID-19 pandemic requires lawyers to address a myriad of unique problems--and highlights the need for lawyers to engage as creative problem solvers. Lawyers are faced with determining how best to deliver legal services while contending with travel restrictions, social distancing, stay-in-place measures, and business and court closures. Furthermore, questions arise as to how to tackle the access to justice gap in the midst of the largest global recession since the Great Depression.Although lawyers need to work collaboratively to come up with creative solutions to these unprecedented problems, a challenge administered to groups of business students, lawyers, CEOs, engineers, and kindergartners revealed that lawyers do not work efficiently and effectively to creatively solve problems. In dozens of challenges, kindergartners outperformed all of the other groups. Instead of collaborating and focusing on completing the task, the lawyers were engaged in status management--trying to determine how they fit into the group and who was in charge. While not smarter than the lawyers, the kindergarteners solved the problem best because they were smarter in the way that they worked with each other. The rigid hierarchy that tends to exist in the practice of law lends itself to increased status management. Moreover, the legal profession in the United States frequently discourages collaboration and suppresses creativity. To combat the barriers to collaboration and creativity in practice, lawyers need to 'work together in a smarter way' to generate creative solutions to problems. They need to learn to behave like kindergartners. This article argues that in light of the COVID-19 pandemic, the unprecedented rate of change, and the growing access to justice gap, lawyers need to develop high performing groups where creativity and innovation flourish. To that end, the article introduces three skill sets of highly performing groups that lawyers can use to create a group that can perform far beyond the sum of the team members where they are working collaboratively to creatively solve problems.

Negi, Chitranjali, 'COVID-19 Epidemic: Indian Lawyers in Financial Crisis, Ignored, Depressed: In Pursuit of Financial And Moral Support' (SSRN Scholarly Paper No ID 3646300, 8 July 2020) < https://papers.ssrn.com/abstract=3646300 >
Abstract: This research paper aims to discuss about the background, role of lawyers in administration of justice, pre post conditions, economic crisis of Indian Lawyers during COVID-19 Epidemic. An advocate's duty is as important as that of a Judge. Advocates have a large responsibility towards the society. India ranks 68 out of 126 countries, down 3 places from last year in 2019 in 'Rule of Law Index' which measures how the rule of law is experienced and perceived by the general public. The Indian Law profession is one of the largest in the world, with more than 2 million enrolled advocates Nationwide. The Nationwide lock down has brought to the fore the great disparity in the legal profession & lock down has financially damages lawyers. Lawyers in India are the most neglected and overlooked during COVID19 comparative of other professional. 70% Lawyers are almost daily wage workers who earn per appearance hearing. COVID-19 has impacted deep and triggered many social, mental and psychological issues as well. In past four months many State Bar Councils came up with circular for Conditional Financial Assistance to Advocates. On 28-05-2020 I have drafted the petition ['Seeking Financial & Moral Support of Hon'ble Supreme Court of India': 'Save the dignity of Advocates'] campaign on change.org platform and sent the petition along with more than six hundred (600) Advocate signatories, on 15-06-2020 to Hon'ble Prime Minister, Hon'ble Home Minister, Hon'ble Law Minister, Hon'ble Chief Justice of India & Companion Judges, Hon'ble Chairman, Law Commission of India, Hon'ble Chairman Bar Council of India with three key demand & payers namely: 1 - Implementation of Advocates welfare fund act, 2001 in COVID-19 pandemic is crisis:2 - Amendment of Advocates Act 1961, Bar Council of India Rules 1975 [Rules 47 to 52 of Section VII of the Rules deals with restrictions on other employments]:3 - Monthly Financial support, not Loan.The fundamental principle which determines the privileges and responsibilities of lawyer in relation to the court is that he is an officer to justice and a friend of the court. Lawyers status as an officer of justice does not mean he is subordinate to the judge. It only means that he is an integral part of the machinery for the administration of justice.

Neukom, William H and Elizabeth Andersen, 'Covid-19 and the Access-to-Justice Crisis' (2020) 37(6) GPSolo 36-39
Abstract: The disparate impact of the COVID-19 pandemic on minority and poor communities reflects the justice problems they have disproportionately suffered. The pandemic strikes the United States during an ongoing access-to-justice crisis and, in many ways, makes it much worse. The pandemic makes clear that simply adding more lawyers will not meet the vastneed for justice-related services,nor is it a solution that is well matched to the problem.

Newton, Jack, 'How Are Law Firms Really Doing in the Pandemic?' (2020) 37(6) GPSolo 10-13
Abstract: Still, not knowing what's coming next in the pandemic is unsettling and has left many lawyers andlaw firms wondering what to do and how to best help their clients. For example, empathy will help law firms get laser-focused on what clients actually wantout of their legal experiences so that they're not wasting precioustime or money on anything else.Clients still have legal needs-in fact, they have more legal needsthan ever.

Nicolson, Donald and Elizabeth Fisher-Frank, 'Legal Advice in the Covid-19 Lockdown: Making Do or Brave New World?' in Carla Ferstman and Andrew FAgan (eds), Covid-19, Law and Human Rights: Essex Dialogues (School of Law and Human Rights Centre, University of Essex, 2020) 229-236
Abstract: Extract from Introduction: For some time now, university law clinics have played an important role in filling the gap between those who qualify for legal aid and those who can afford to pay for legal services. This is a need which continues to grow as legal aid is inexorably cut back in terms of both those who qualify and those issues it covers. More recently there have been calls for lawyers and more latterly law clinics and other not for profit organisations to use the rapidly evolving capacity of the internet and digital computing facilities to expand the ability of service providers to both assist their clients and to develop ways, through technology, to help clients help themselves. ... as we show in this paper, law clinics which had slowly begun to embrace new digital technologies, have been forced by Covid-19 to bring this means of delivering services to the fore. However, it is important to examine whether such forms of services are merely a necessary response to the Covid-19 crisis or whether they herald a 'brave new world' for law clinics.

Olson, Ashley, 'Advising Clients in Times of Crisis: How Servant Leadership Can Deepen Client Relationships and Add Value During the Pandemic and Beyond' (SSRN Scholarly Paper No ID 3609971, 10 May 2020)
Abstract: This paper analyzes servant leadership demonstrated by the Twin Cities hospitality industry during the COVID-19 pandemic, and what lessons this industry can teach attorneys who are advising clients during this public health crisis. In response to government-mandated shut-downs, many local businesses are pivoting their business models to serve community needs. Despite being one of the hardest-hit industries by the pandemic, they are demonstrating servant leadership by prioritizing service to others and being good stewards of resources. Lawyers can learn from the leadership modeled by this business community by engaging their clients on issues that go beyond the law. Lawyers continue to limit their advising to just the legal issues their clients face, and this approach to the lawyer-client relationship deprives the client of the full value the lawyer can provide. By adopting the servant leadership model, attorneys can focus their efforts on helping the client grow and succeed during the pandemic and beyond. Lawyers should pay attention to the servant leadership being demonstrated by the hospitality industry because it shows that clients are concerned about more than just the bottom line and complying with the law. Attorneys should be engaging with clients to learn about their values and objectives to help the client make the most informed decision that best protects their interests. This article explores the ways in which local businesses are demonstrating servant leadership and how attorneys can use servant leadership to strengthen client relationships and provide added value to clients.

Organ, James et al, 'Responding to COVID-19 in the Liverpool City Region - Access to Legal Advice for All: Essential to Reduce Social and Economic Impacts of COVID-19' (Heseltine Institute Policy Briefing No 028, October 2020)
Key takeaways:
1. The need for legal advice will increase sharply as the social and economic impacts of the COVID-19 pandemic continue to grow, but the ability to access the necessary advice will be restricted in many cases just to those that can afford it.
2. Increased collaboration and innovative service delivery have helped to mitigate some of the worst immediate impacts felt by people unable to resolve issues, but demand for free legal advice continues to far outstrip supply.
3. Much-needed funding for new advice services needs to consider the exclusionary impact of the shift to digital services forced by COVID-19. "Digital by default" will lead to the exclusion of a large group of people without digital connectivity and also other vulnerable groups, such as those with English as a second language and those with mental health problems.

Palace, Patrick and Jordan L Couch, 'Ten Predictions: How COVID-19 Will Change the Legal Industry Forever' (2020) 37(6) GPSolo 6-9
Abstract: The law firm business model has always been an interesting one.With outside investment prohibitedby law (a prohibition thatmight be increasingly challengedduring the ongoing pandemic),most law firms live and die bythe individual financial practicesof the partners who share ownership. Whenyou combine that with the factthat law firms are now adjustingto handling all client communicationremotely (by phone, text,or video), the law firm of thefuture will be substantially lessof a brick-and-mortar affair. The COVID-19 pandemichas been the new force that hascaused bars, law school deans,and law students to rethink howwe can improve the bar exam.

Peruginelli, Ginevra, Sara Conti and Chiara Fioravanti, 'COVID-19 and Digital Library Services: An Overview on Legal Information' (2021) Digital Library Perspectives (advance article, published 11 February 2021)
Abstract: The purpose of this paper is to investigate the initiatives providing legal information during the COVID-19 emergency, focusing on the fundamental role of digital libraries in creating, managing and sharing services to support and ensure access to legal information in times of emergency.

Platt, Ellen, 'Zooming into a Malpractice Suit: Updating the Model Rules of Professional Conduct in Response to Socially Distanced Lawyering' (SSRN Scholarly Paper ID 3780249, Social Science Research Network, 29 January 2021)
Abstract: There has been a significant increase in the use of videoconferencing platforms in the practice of law during the COVID-19 pandemic. These platforms have raised numerous ethical concerns based on shortcomings in the Model Rules of Professional Conduct. This Comment will argue that more meaningful guidance is needed under both Model Rule 1.1 and Model Rule 1.6 in order to effectively govern the ethical obligations of a lawyer who uses videoconferencing platforms or other electronic means of communication for virtual practice. Assistive guidance will help lawyers differentiate between ethical and unethical conduct in an area that potentially has serious ethical consequences if not adequately addressed. This Article will propose that the ABA is in the best position to provide meaningful guidance by adopting new comments elaborating on technology competence and reasonable efforts to safeguard client confidentiality.

Queensland Law Society Ethics and Practice Centre, 'COVID-19 Has Not Altered the Law of Capacity or a Practitioner's Obligation to Assess Client Capacity' (2020) 40(4) Proctor 32
Abstract: It is recommended that you abandon a video conference if you are unable to clearly see and confirm your client's identity, the documents being signed, or if you are unable to hear your client (or your client is unable to hear you clearly) due to technical difficulties.

Shindler, Geoffrey, 'Witnessing History' 217(October) Trusts and Estates Law & Tax Journal 1-3
Abstract: Considers whether the coronavirus pandemic will have a permanent effect on the working practices of private client practitioners. Considers trends towards working at home, video conferencing, the change in occupation of office premises and use of digital technology.

Simmons, Richard, 'Coronavirus: Full Details of the Law Firms Affected so Far' [2020] (April 9) Lawyer (Online Edition) 1
Abstract: The article provides an overview of the impact of coronavirus on law firms. Topics discussed include Simmons & Simmons delays partner distributions; the Inns of Court announce an emergency hardship fund to assist barristers who need urgent help amid the coronavirus crisis; and Mayer Brown launches an emergency service in order to support staff with problems working from home.

Stevenson, Rob, 'COVID-19 : Creating Your New Normal: Employment during the COVID-19 Crisis - the "new Normal" for Law Firms' (2020) 40(4) Proctor 20-25
Abstract: Just like that our world changed. And while we weren't ready for it, we do need to be ready for the new normal by refining and adapting our practice and procedures. This month 'Proctor' provides some perspectives, guidance and information to assist you personally and professionally in this pandemic world we find ourselves in. The immediate crisis and panic of those last weeks in March may have passed, but the 'new normal' is likely to be here for some months to come.

Stewart, John M, 'Just How Interconnected We Are' (2020) 94(3) Florida Bar Journal 4-9
Abstract: In the article, the author discusses the interconnectedness of people around the world and the susceptibility of the economic and legal systems from uncontrolled interruptions like the COVID-19 pandemic. Topics include the need by the legal system to adopt technologies like telecommuting to ensure life, business, and work continuity and the request by the Florida Supreme Court to reform the rules of procedure and those governing The Florida Bar to prevent work interruption.

Swift, Leigh, Peter Gardiakos and Tessa Cartledge, 'Access to Justice: Closing or Widening the Gap?: The Impact of COVID-19 on Access to Legal Services' (2020) 42(7) Bulletin (Law Society of South Australia) 18
Abstract: The authors, who have been providing free legal advice to the community at the Magistrates Court Legal Advice Service, explore the impacts of the COVID-19 pandemic on the wider community legal sector, and the particular challenges on access to justice for those in need within the community.

Tabchouri, Elias, 'What COVID-19 Could Mean for the Legal Industry' (2020) 42(3) Bulletin (Law Society of South Australia) 29
Abstract: As a lawyer accustomed to spending every working day in court I sit contemplating what the future holds for the legal industry. What is not in dispute is that the legal industry is an essential service and therefore must continue. The way it will proceed is the real question that many of us are still coming to terms with.

Trevelyan, Lucy, 'Covid-19: How Should In-House Lawyers Respond?' June(1-8) In-House Perspective 2020

Weston, Maureen A, 'Lawyering and Representing Organizational Clients in a Public Health Crisis' (Pepperdine University Legal Studies Research Paper No 2020/22, 22 July 2020)
Abstract: The unprecedented public health and financial crisis resulting from the COVID-19 pandemic calls upon the legal profession to go beyond traditional, adversarial, 'rights'-based representation and disputing force majeure liability, towards working with clients and collaborating with counterparts as partners in joint problem-solving, innovative thinking, and developing viable options to help meet the parties' mutual interests in safety, surviving, and perhaps even thriving, during and after, the pandemic. A lawyer's professional conduct duties extend to ensure fairness to others and to find ways to preserve and nourish the relationships, partnerships, goals, and enterprise that brought the parties together. A crisis requires immediate attention, careful management, and methodical strategic planning. Yet, as it has also been said, 'crisis' can mean both danger and opportunity. The danger of the COVID-19 pandemic is tangible and certain; the opportunity to adapt, learn, create, plan and nourish partnerships, in light and despite thereof, is likewise possible. This essay explores those responsibilities and opportunities.

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