President’s Piece
Now that the memories of summer begin to fade, with its period of relaxation in lockdown restrictions, it seems that with the announcement on 12 October 2020 of the 3 Tier Lockdown Plan, it seems that we might be returning to what could be the new normal. It seems that the uncertainties, whether over the pandemic, Brexit and the ups and downs of lawyering (one thing that is ever present), are going to be with us for some time to come.
It has been a very unusual year as President but one not without its positive aspects. Both locally and nationally, the Law Society has continued to represent practitioners in working with the Courts and government to try and keep the criminal and civil justice systems working. The increased use of remote hearings perhaps signals a paradigm shift in how lawyers and citizens will interact with the justice system well beyond the pandemic. A change that many practitioners and lay persons will welcome.
The limitations placed on physical hearings, notably in the criminal justice system, where jury trials have been particularly hit due to the difficulties in their being accommodated in an aging and shrinking court estate, may be the catalyst to fundamental change in how justice is delivered. With an ever increasing backlog of cases to be heard and shrinking capacity for traditional proceedings, the pressure to limit the right to jury trials, or to offer alternatives, such as reduced juries and judges either sitting alone or in panels with lay or magistrates, may be impetus to an overhaul in the entire criminal justice system.
The trend for civil matters to be resolved privately rather than in the public sphere, as encouraged by Woolf Reforms, continues and is possibly accelerating as a result of coronavirus. As a civil practitioner, it seems to me that the increasing delay in cases progressing through the courts will be an added incentive for litigants to resolve their disputes through an appropriate form of Alternative Dispute Resolution. Good news for Arbitrators and Mediators and, perhaps, the litigants themselves (although maybe more so for Defendants than Claimants).
Whatever happens, it is important that the profession communicates with government and the public over its vital role and contribution to the health and wealth of the nation. Recent rhetoric from the government, amplified in the media, has required a response. Simon Davis, who by general consensus, has done a terrific job as President and, having attended his virtual inauguration on 14 October 2020, David Greene will continue this important work. Other key office holders are Stephanie Boyce, our new Vice President, who brings real energy on Diversity and Inclusivity together with vision for greater legal education in schools and the community, and Lubna Shuja, the new Deputy Vice President.
The David’s inauguration followed the Annual General Meeting of the Law Society. This proved to be no ordinary AGM. A resolution was passed with regard to the reduction in the number of geographical seats on the Law Society Council and the increase the number of seats for in-house lawyers, lawyers at early stages in their careers and those with particular characteristics. A further resolution was passed setting a 12-year maximum term for a person to serve as a Council Member. Both resolutions were keenly debated and culminated in positive votes for each to be put to all members of the Law Society to vote on.
With regard to matters closer to home, following the cancellation of our annual dinner this year, there remain considerable doubts as to whether this event will be able to be held in its usual format or at its customary early June in 2021. The Council will keep this under review in the coming months and will update the membership in the new year.
Two events which are going ahead are our Annual General Meeting, which is being held remotely on 17 November 2020, and the Hertfordshire Young Lawyers’ Division’s Christmas Drinks event, which will be held by Zoom on 26 November 2020. Having attended its brilliant quiz night earlier this year, it is bound to be a fun evening.
Usually, this would be my valedictory piece for the magazine and a time for reflecting on mostly (I would hope) the achievements of a year in office meeting with colleagues, attending social events and promoting the local and national Law Society. That was not to be and it has been a challenging year for all of us in in practice. It is a great honour that the Council wishes me to continue as President for a second term and I look forward to better times in 2021.
Neil Johnson
President of Hertfordshire Law Society 2020