Thread by @barandbench

Bombay High Court Judge, Justice GS Patel speaks on “E-court and legal practice after COVID-19” in Webinar organised by CCAA LawSpeaks.

Justice Patel: "We live in, what I would describe, in a time of fracture. Everything that we took for granted has taken an unsettling turn."

Patel J. says that what he is about to say may not reflect a "ray of hope"

"I am not seeing any quick restoration to the way we were in Jan2020, a time I think we made the mistake of taking everything for granted. We heard stories from Wuhan etc. But we didn't pay.. attention."

Justice Patel recounts how the physical courts used to function in the Indian court system.

People from other jurisdictions find it chaotic, it may not be dignified at all times, but it has worked so far, he observes.

From what he has read of #COVID19 he says that unless we have a medical solution to it, we are going to have to devise methods and means to live with it.

This means that this may force a complete change the way we approach the courts: Justice GS Patel

It is no longer going to be possible for lawyers, clients to all meet together in courts, bar-rooms and even in lawyers' chambers, there is going to be a huge dramatic change.

It is going to be very difficult. And a change of mindset would be required, Justice Patel says.

On Law after #COVID__19: The rate of disposal will go down. It is bound to. Because to remove crowds and maintain social distancing, the daily hearing lists will shrink.

There will necessarily be a distancing between a lawyer and his litigant client - Justice Patel observes.

On Law after #COVID__19 Justice Patel adds: This may create problems in criminal trials particularly. In other cases, the problem may not be as severe, but it may affect them nevertheless.

On Law after #COVID__19, Justice Patel says: The entire mechanism of listing cases would have to be reworked. So the entire concept of daily board design is going to radically change.

You may have days where you do not have cases in court.

On Law after #COVID__19, Justice Patel says: Adjournments would become fewer. We will not have the luxury of granting adjournments. Nor will we have the luxury of protracted arguments.

On Law after #COVID__19, Justice Patel says: There will be a huge change in the infrastructure - both electronic and otherwise. Not only in terms of institutional infrastructure but also personal infrastructure. Adjustments may have to be made in personal spaces.

On Law after #COVID__19, Justice Patel says: For a long time, there will be a hybrid system, where some court work will be done by video conferencing and others in courts, to maximise social distancing norms.

On Law after #COVID__19, Justice Patel says: One possible solution is that all mentioning must only be through video conferencing. The memo will have to be sent electronically because it cannot be handed over to the judge.

On Law after #COVID__19, Justice Patel says: Lawyers will have to adapt to such system,

"You will not have a choice in the matter", Justice Patel observes.

On Law after #COVID__19, Justice Patel says: It is not necessary you have very high-end equipment. But you must accept that every practising lawyer must have the basic infrastructure in place and must not be afraid to use it.

Justice Patel adds that he is not talking about high-end infrastructure that some law firms have. "The larger the law firm, the shorter its name, I wonder why", he adds in a lighter vein. What you do require is basic infrastructure - a computer, laptop, and you require a phone.

Justice Patel adds: It is not essential you have multiple devices.

What you do need is internet connectivity, you will need a 4G connection.

Law after #COVID__19, Patel J. says: Facilitation centres will have to be put into place by courts for those people who do not have access to the internet.

You cannot tell people "sorry because you do not have the bandwidth, you do not have access to justice."

Law after #COVID__19, Patel J. says: Even if courts fully resume, we can evolve a system where for advocates from out of town we can schedule a VC so they do not have to incur additional costs, so they do not have the additional burden of engaging counsel in larger metros

Patel J. adds: From the perspective of a practitioner from remote areas and who has handled the matter for years, this could be a great option. But it is a mixed bag when you think from the perspective of lawyers getting such work from remote areas who would otherwise be engaged

Law after #COVID__19 Justice Patel observes: Hearings in Video Conferencing are slower and much more stressful; it is distracting when you have so many video screens showing so much activity.

Law after #COVID__19 Justice Patel says: One of the things we are going to learn is how to conduct ourselves in front of a video camera. People make the mistake of thinking that as long as their speaking, no one will notice what is happening around you. That is not true.

On Video Conference hearings, Justice Patel adds: Just because you are doing this from home, doesn't make it any less than if it is being conducted in court. It has the same seriousness that you would bring to a regular court of law.

Justice Patel observes: It is absolutely hell for a judge when he is speaking and someone else is speaking while on Video Conferencing.

Your habits of advocacy have to be adapted to the new technology and culture. Judges and lawyers will have to learn it.

On Law after #COVID__19 Justice Patel says: To put arguments effectively across, people may have to put in on paper. The judges will have that much more to read. But hopefully, this is going to be possible.

Justice Patel: What is going to happen to earnings and income in the legal profession after #COVID__19?

There is going to be a severe adverse impact on earnings, says GS Patel. Litigants may not be willing to pay as much as they did even in Jan 2020. Volumes (cases) will go down

Patel J. on likely dip in legal earnings after #COVID__19 : Let's not shy away from addressing the monster in the room, this will have to be addressed.

I am extremely worried about cases in certain specialised tribunals incl environmental, service, labour and consumer courts.

On Law after #COVID__19 Justice Patel adds: I am not despondent about the future. Mankind has survived. We will get through this. But we must get through this together, and not individually. We must look out for each other.

On Law after #COVID__19 Patel J.: It is going to be a rough ride. We are going to have all kinds of teething problems. Court administrations everywhere are working with this one aim in mind.

Our primary focus should be on Access to Justice as Chandrachud J. said yesterday.

Patel J. says that he expects a surge in the no. of cases being referred to mediation/arbitration. It serves all the purposes - dispute resolution within law, a setting that doesn't require court structure, the need for social distancing, and it can be managed in an easy fashion.

Law after #COVID__19 Justice Patel says: Technological challenges can appear daunting, but not insurmountable.

As lawyers, we can do this. We dealt with typewriters when it came. This is the next step .. That we will get through this in one form or the other, I am sure...

Law after #COVID__19 Justice Patel says: For judges, we will have to have a great deal of patience. Nobody has seen anything like this. We are not going to be able to evolve an absolutely perfect system to replace or substitute the earlier system, including in a hybrid system.

On VC technologies presently being used, Justice Patel says observes that we have taken something for corporate work and used it for court's workflow, which it was not designed to handle.

He also speaks about how newer tech may be designed to handle court work.

On using law after #COVID__19 Justice Patel observes during Q&A that criminal trials, in particular, may be affected.

How will they able to maintain social distancing while cross-exam, taking instructions from clients? It is one of the challenges we will have to address.

Addressing a question on potential security breaches while using VC technology for court hearings, Justice GS Patel says that he doesn't view it as a significant issue remaking that it is an "open court" while recalling security breaches he witnessed during physical sittings.

Justice Patel recalls that recently an order was forged in his name.

"That was a security breach, but that does not mean we shut the courts", Justice Patel says.

Patel J. also recalled of a lawyer who raised his hand in court holding the original case papers. "I am supposed to have the original papers. Where did you get them?" Patel J. asked, to be told: "from the Registry." That is the level of security in ordinary courts: Patel J.

Justice Patel adds that people are allowed to ordinarily come into court upon obtaining an entry pass.

"It is an open court", he says, adding that he does not view concerns over security breaches in viewing court proceedings via VC as a significant issue.

Responding to a question regarding the training of court staff and lawyers on technical aspects for remote hearings, Justice Patel responds: "This would have to be done on a war footing."

Justice Patel adds: Within the HC there is a huge gap between one set of staff who are able to do and another set of staff.

On Law after #COVID__19: Some court staff are not proficient with sending emails, Justice Patel informs. He adds that they just have to be trained and made to understand.

"This is a tool that is helping us, not a monster that is going to jump out of the screen and devour us."

Webinar ends after the vote of thanks.

Lawyers will have to adapt to new system, "You will not have a choice": Justice GS Patel speaks on E-court and legal practice after COVID-19

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