This article is written by Akriti Sinha, a student studying at BA LLB (1st year) at Central University of South Bihar. This article covers the impact of worldly pandemic on Legal Industry in terms of courts, organization, firms, work from home, importance of digital platform in context of Indian Courts, digital learning and remote work.
TABLE OF CONTENTS
Introduction
The Legal Industry
Impact of COVID-19 on Indian Courts
Supreme Court
Delhi High Court
Bombay High Court
Calcutta High Court
Other Organizations and Firms
What are the ways to carry online proceedings of a courtroom?
Effects of COVID-19 on Indian Legal Industry
Positive effects of COVID-19 on Indian Legal Industry
Negative effects of COVID-19 on Indian Legal Industry
The future of Legal Industry
Law-Firms and In-house
Learning digital legal
Work from Home
Conclusion
References
INTRODUCTION
COVID-19 was reported firstly in Hubei province of Wuhan in China. It originated in China and started affecting people globally. The deadly pandemic has caused death of more than 4 lakh people worldwide. It forced people to be in isolation and survive on some essential goods only. COVID-19 is going to change the world as we know it. It is going to have a profound effect on society and the way humans interact with each other, even the way our governments have been functioning until now. Among all the professions, the legal professions will be profoundly affected as well. The ways that the legal profession will get affected is the direct fall out of societal changes and also the economic downturn that will follow, till the vaccination is developed. The physical distancing guidelines are going to have an enormous effect on the food and beverages industry, retail industry and many other big businesses which will directly affect the legal industry. As businesses worldwide navigate the challenges brought on by the rapid spread of COVID-19 (corona virus), it is now more essential than ever that corporations be ready with solutions to address risk issues as they arise. Beyond the obvious health repercussions, this global pandemic has presented major disruptions for global businesses. Some have had direct commercial impacts on specific sectors, with interruptions to supply chains, challenges in meeting contractual obligations and implications under funding arrangements. Others are universal: workplace health and safety obligations, the impact of travel restrictions and containment measures, increased record keeping, protecting sensitive personal data and business continuity planning.
The world is in deep crisis today. India in particular is catch of this situation and facing great challenges from all sides. COVID-19 has greater impact on legal industry, technology industry, aviation industry, the tourism industry and real estate.
Due to this uncontrollable and unforeseeable situation people are left unemployed and this resulted in downfall of GDP. This article will not be talking about bigger implication of COVID-19. We will be talking more about specific “Impact of COVID-19 on Indian Courts.”
THE LEGAL INDUSTRY
The pandemic COVID-19 has multiple impacts on legal industry because it has totally slowed down the courtroom proceedings. During this period courts all over the country are closed. The cases are heard in online mode to prevent human interface. The post COVID-19 scenario will make people aware the importance of technology in all fields. The pandemic has also drastic impact on mental health of legal professionals. For the legal sector, challenges are continuously increasing and this has increased the stress level of both government and judicial system. The judicial system along with government is trying to balance justice and social distancing. The present circumstances ask one fundamental question-what lesson must legal industries learn from COVID-19? But if the legal industry faces certain negative effects on the economy then it has some positive effect also and due to this a new era overcomes in the legal industry and now the courtrooms can deal with the proceedings in a digital way.
IMPACT OF COVID-19 ON INDIAN COURTS
The courts in India are considered as pillars on which this country’s democracy depends. With the increasing number of corona cases in India our judicial system has taken few steps to control spread of corona virus.
SUPREME COURT
Due to this uncontrollable and unforeseeable situation the Supreme Court has decided to extend the limitation period in preferring appeal before apex court. The apex court passed order to conduct the work through virtual mode. A three judge bench comprising Chief Justice S.A. Bobde, Justice L. Nageswara, and Justice Surya Kant, has exercised its power granted under Article 142 read with Article 141 of Indian Constitution. Through this the Hon’ble Supreme Court has extended the limitation period in filing of petitions, appeals, suits, applications and all other proceedings. The bench also ordered for Suo Moto Cognizance in order prevent gathering as it can be a centre for the spread of virus. Article 142 of Indian Constitution gives inherent power to Supreme Court to pass such decree while Article 141 states that inferior courts are bound to follow the decisions of apex court.
DELHI HIGH COURT
The Court shall deal with important matters. Parties are prohibited to appear in the court. Video conferencing shall be used for proceedings and all other works. Gathering at places like courtroom and canteen is strictly prohibited. Staffs, lawyers and other members are allowed to visit on rotation basis.
BOMBAY HIGH COURT
The unnecessary visit of individual is prohibited. Only serious matters are taken into consideration. The court shall remain open for a limited period. Attendance shall be marked in register and biometric system is prohibited. Gathering at places like canteen is avoided. Lawyers are restricted to bring their clients. Online mode such as video conferencing shall be available to carry proceedings and settle dispute.
CALCUTTA HIGH COURT
Like all other Courts, this Court will also deal with important matters. The court has requested to increase the number of doctors in the court and the same will be followed in district courts. The staffs are given order to work from home. They are allowed to visit court on rotation basis. Priority must be given to maintain hygiene. Thermal scanning is must for those who enter the court.
OTHER ORGANIZATIONS AND FIRMS
Many organization and firms have used online methods to solve dispute. Such methods are Alternative Dispute Resolution and Online Dispute Resolution. Matters are solved without going to any courtroom. This online mode give people hope to get their dispute settled. Public meetings are strictly prohibited. The lawyers are not allowed to conduct any meetings unless the matter is of high concern.
WHAT ARE THE WAYS TO CARRY ONLINE PROCEEDING OF A COURTROOM?
In order to control the spread of COVID-19 pandemic, Indian Courts, organizations and law firms opt for online mode to carry the proceedings of a courtroom. Some online modes are as follow:-
Alternative Dispute Resolution (ADR)
ADR refers to the processes that help parties resolve disputes without a trial. This method includes mediation, arbitration, neutral evolution and collaborative law. The process is confidential, less formal and less stressful than the proceedings of a court. ADR saves money and speeds the settlement. In this method parties plays an important role in resolving their own dispute. The method prevents gathering and act as a source to control the spread of corona virus.
Online Dispute Resolution (ODR)
ODR is a branch to resolve dispute which uses technology. The process is less stressful than the proceedings of a courtroom. It involves negotiation, mediation or arbitration, or combination of the three. Like ADR, this method also prevents public gathering and act as a source to control the spread of pandemic.
Video Conferencing
A video conferencing is a live visual connection between different parties. This mode uses technology to conduct meetings. It allows users from different location to conduct face-to-face meetings. This method involves the use of app like Google meet, Webex meet, You Tube, Facebook and Zoom. Like the other two methods, it also prevents public gathering and act as a source to control the spread of virus.
EFFECTS ON COVID-19 ON INDIAN LEGAL INDUSTRY
The pandemic COVID-19 has greater impact on legal framework globally. The situation has adversely affected human rights and rule of law. The uncontrollable situation has increased the rate of cyber crime throughout the country. Many countries including India had to adopt emergency measures regarding the functioning of judicial system. The virtual transaction have been increased which might lead to dispute.
POSITIVE EFFECTS OF COVID-19 ON LEGAL INDUSTRY
Technology allocation can reduce the cases drastically.
COVID-19 has enabled apex court, high courts and even subordinate courts with the knowledge of technology and use of visual platforms for filing cases, arguments, applications and all other proceedings. The situation requires the amendments to Evidence Act, accepting the importance of e-authentication, e-signature etc. This can be a positive change for Indian Criminal and Civil Procedure Act.
Most importantly the situation has enabled common man to actively participate in entire chain of proceeding events through virtual mode.
The pandemic made legal industry aware about the importance of accepting digital platforms. Considerable work has to be done on digital platform to lessen the burden of cases.
Adopting digital platform can add up to the employment rate and can be a source to increase GDP.
Every crisis brings opportunities. COVID-19 can successfully introduce technology in Indian legal system.
With the set off e-courts the burden of cases can be decreased in post COVID-19 scenario. The set up off e-courts can enhance the functioning of Indian legal system because registered attorneys can file from their home and office. They do not have to worry about postage and traffic.
E-court is transparent, efficient, affordable, time saving and most importantly it reduces unscrupulous activities.
E-court would help in better management of court. Evidence of eyewitness can be recorded through online method.
With the introduction e-court data can be kept safely. Data keeping would include maintaining the records of entries, bail orders, warrants, etc.
To maintain digital platforms we need to have strict cyber security. This strict cyber security can be a source to prevent cyber crime at some rate in India.
NEGATIVE EFFECTS OF COVID-19 ON INDIAN LEGAL INDUSRTY
E-court in India is a complicated process. The process is difficult. All evidence cannot be produced through digital format.
India in particular lacks techno experts. With the absence of techno experts e-courts will be of no use.
The process involves lot of expenditure and e-court in India may face issue due to lack of fund. Thus, it can increase the burden of cases.
Hackers are getting stronger day by day. The possibility of hacking in e-court is very high. This can be source of exploitation of lawyers and clients.
Establishment of e-courts can delay or even deny justice to those who are illiterate or financially weak.
E-court in developing country like India is hard to run because country requires more of funds and techno experts.
With the establishment of e-courts certain section may turn employed.
People those residing in village area may find it difficult to access through e-court.
E-court might be a source of increase in cyber crime.
THE FUTURE OF LEGAL INDUSTRY
Though government has taken multiple steps in order to control pandemic, it seems that more strict laws can be passed in future. As we know 2019 was a year of landmark cases like Navtej Singh Johar v. Union of India Ministry of Law that gave importance to liberty over morality. The attitude of court might change and they might pass laws that value safety over liberty.
LAW-FIRMS AND IN-HOUSE
The post COVId-19 scenario is going to be more competitive and challenging in terms of finding talent and clients. People will prefer working in area where the firm or the organization should have potential to deal with such issue. This can be reason where client may become the real king.
The law firms should develop structure so that they may deal with situation like COVID-19. In coming age digital platform, satisfaction customer and results will matter.
LEARNING DIGITAL LEGAL
The current situation demands digital platform which means Law Colleges should give importance to online learning platform. The Law College must provide students with easy access of websites those providing online courses such as Lawsikho.com. With this method we might have good number of techno experts to run e-courts. Such courses are flexible and students can tailor their law courses to their own choice.
The situation demands more of techno experts, for this Law Colleges need to give more importance to online classes. They need make law student aware about the importance of digital legal learning.
WORK FROM HOME
COVID-19 has changed the working of legal system drastically. Work from home has brought tremendous change in legal culture of remote areas. Thus, we see several questions and challenges our judicial system is facing right now. In order to maintain social distancing various tools are being employed by law firms. Our government and judicial system is trying best to maintain balance between social distancing and legal work. These include tools like video conferencing, e-filing and more use of electronic communication. While working from home it seems like strange and chaotic. There is break in actual chain of working. People feel lazy and it becomes hard for them to work. Those who are devoted towards their work are not able to get job satisfaction. But some are working so efficiently that they have turned this situation a productive one.
CONCLUSION
This COVID-19 pandemic is a pandemic that has a very serious ill effect on everything from life to property. It totally devastated the economy and social conditions of many countries. The impact and its ambit of impact are so large that the World Health Organization has declared Corona virus as a pandemic and many nations declared total lockdown and stopped all the commercial activities for the temporary period and many countries clearly explicit their intention of giving more priority to save a life than the conducting of commercial activities.
The pandemic COVID-19 has affected the advocates and clients in several ways. The judges, advocates and litigants are trying to settle dispute under law while balancing the public safety. Judicial System along with government has taken multiple steps to provide relief to those who are facing serious challenges. Even after extending the limitation period of filing, application, arguments and all other proceedings by the apex court the lawyers or even whole judicial system is facing new challenges daily. But on the other hand the whole system is trying to adopt plural measures to cope up with the situation. It can be concluded that COVID-19 has left no sector unaffected. All sectors are facing new challenges on daily basis. The pandemic COVID-19 has provided an opportunity to critics to spread negativity about the government.
In this article, we have discussed the impact of COVID-19 specifically. We saw how the legal industry will get affected in terms of e-court, policy making, legal learning, work from home and remote work. While the future may seem bleak and still there arises a question such as the situation of Legal Industry in post COVID-19 scenario.
REFRENCES