b'12 Local Government LawyerA new order in court?Should remote hearings have a permanent place in our court systems? Dylan Brown looks at the issues.Time is the main form of currency lawyerssurvey align with a December 2021 report byGeneral survey: Would you prefer remote working in the public sector deal inand itsHM Courts and Tribunals Service (HMCTS),hearings to become permanent?a currency in which the majority are in verywhich found three quarters (77%) of lawyers short supply.are keen to continue with remote hearings Yet one of the very few upsides thatafter the pandemic passes (only 49% of judgesNo 29%has emerged out of the pandemic is thesaid the same). widespread adoption of remote hearings.The survey, which included over 8,000Yes 71%Remote hearings became commonplace inparticipants, found many barristers, solicitors, most court systems during the pandemic tolocal authority lawyers and social workers prevent further delays to cases, and theywere positive about the impact remote came with a number of advantages for thehearings had on their time and workingWhen remote hearings are not public sector lawyer. patterns.appropriateInstead of traipsing to and from court allThese hearings were also effective atThere are pros and cons to remote hearings day, for instance, many lawyers have beencreating a comparable environment to in- for all jurisdictions of the lawyet family law spared the commute by joining hearingsperson hearings, with approximately half ofis one of the best examples of where these remotely, resulting in a wealth of time savedjudges (51%) and the majority of lawyersnegatives can easily escalate.and a better work-life balance. (69%) agreeing this to be the case.In June last year, the Law Society said there In fact, the vast majority (71%) of lawyersWhen looking at the experience of publicwere some instances where remote hearings who responded to Local Government Lawyersusers who attended hearings remotely,may not be the best formatwhere parties new survey said they are eager for remotethe majority expressed an equal or betterrequired an intermediary or translator, there hearings to become a permanent fixture inexperience with their hearing than thosewere technical issues at play, or it involved the court system after the pandemic. who attended in-person, with the main perkscomplex issues or cross-examination of But are remote hearings suitable for allbeing strong judge moderation, comfortwitnesses.types of cases? Who should have the finaland security of joining from home, andIn a statement released later that same say on if a hearing takes place online or in- less travel time and costs, time off work andmonth, the Law Societys President, I. person? And what can be done to ensure thechildcare needed. Stephanie Boyce, said: Remote hearings have Rule of Law is upheld across all scenarios? WeHowever, thats not to indicate remotegenerally found a suitable place in the family take a look at the data hearings are always the preference. Onlyjustice system and the Court of Protection. 35% of lawyers said they actively preferredIn some instances, they have removed family Most lawyers are in favour of remoteremote hearings to in-person, and even fewertensions, made emergency hearings simpler hearings judges (13%)most said it depended on theto attend and been more convenient and Findings from the Local Government Lawyerscircumstances of the case and the hearing. efficient for advocates, parties and judges.'