The legal world in London, the world's foremost centre for maritime law, is making better use of technology and flexible working while under lockdown.

But the sector is asking itself: "Why didn't we do this sooner?"

Legal professionals in the city have told TradeWinds that they are coping well during the government-mandated lockdown in the UK, which aims to prevent further spread of the coronavirus.

Law firms told TradeWinds that they are working remotely and using phone and video calls to keep in touch with colleagues and clients day to day.

Eleanor Midwinter, a senior lawyer at Wikborg Rein in London, thinks the lockdown situation is a “wake-up call” for the legal profession.

“My personal view is this will lead to some permanent changes in approach,” Midwinter said.

“First, it's a wake-up call to the court and more traditional firms that the practice of law is now very much an IT-led service and that IT infrastructure and emergency response planning — for example, for remote working or indeed cyber-attacks — must be prioritised.

“Second, people are pulling together and adapting admirably — in the process, giving the lie to the widely held belief that working flexibly is just for millennials or working parents."

Midwinter said she hopes to see an increase in business flexibility and a reduction in 'face time' at all levels in the industry.

"Fantastic service can be delivered flexibly," she added.

Joe O'Keeffe, a partner at Stephenson Harwood in London, agreed that the legal world will have to adopt new ways of working with its clients.

"It will be interesting to see how long this lasts for, beyond the government guidance — if it proves to be more efficient, which we’re already seeing as a benefit, then clients may well prefer to have more meetings remotely," said O'Keeffe, who specialises in marine insurance disputes.

"Fundamentally, the work we are doing for clients will not change, but the way we deliver it will."

Well-being concerns

Many of the firms that TradeWinds spoke to said they are placing an increased emphasis on their colleagues' wellbeing during the lockdown period.

Jonathan Campbell, a director of London-based law firm Campbell Johnston Clarke (CJC), said he has advised staff to prioritise their family life and to fit their work around it.

Stephenson Harwood is "acutely aware" of the concerning effects that extended periods of remote working and isolation can cause, according to O'Keeffe.

"I’ve been really encouraged to see the ways in which teams across the business are pulling together though — and there’s been a real emphasis on supporting colleagues’ general wellbeing too," he said.

Staff at Stephenson Harwood are only allowed to be in the office if it is critical for the business for them to be there, O'Keeffe said.

"For example, we have a very reduced team from IT on site, and a rota for colleagues in our contentious teams so that court papers can be filed.

"We’ve made sure that none of these people are in a ‘high-risk’ group, and we’re providing support to minimise their interaction with other commuters — providing taxis or parking for those who’d rather drive in, as well as encouraging people to adjust their working hours so as to avoid rush-hour travel."

Remote hearings

The high courts in London, where most maritime cases are heard, have moved all hearings to telephone or Skype since Monday, and all jury trials have been postponed.

The Supreme Court conducted a case entirely by video link for the first time in history on Tuesday after deciding to close its building to the public.

James Turner QC, a barrister at London’s Quadrant Chambers, said most of his colleagues are working from home, using a WhatsApp group named 'Quadrantine' to keep in touch, but a skeleton staff remains at the office.

Courts are on a learning curve in working out how best to use technology like Skype for hearings, according to Turner.

“Reports so far are that remote hearings are working OK," he said. "If anything, they encourage more politeness, as interruption really doesn’t work well.

"The real challenge will come with cross-examination.”

In the short term, Turner said he expects the quarantine situation will force legal professionals to get better at using technology — “and fast”.

For his part, Turner has developed and distributed free advice to other barristers on how to compile “e-bundles” of court documents, which he said has been requested by legal professionals as far afield as Rotterdam.

Midwinter has already been participating in hearings and case management conferences (CMCs) by phone, which she said have gone smoothly but have required extra preparation.

“We are also contingency planning for scheduled trials, both to seek to agree postponements in relevant cases and to make appropriate adjustments to procedure where possible, including for remote evidence and electronic bundles,” she said.

Challenges and complications

Campbell said CJC is still operating normally, despite its employees working from home for the past two weeks — but external challenges are growing.

“It is certainly getting more challenging to complete transactions as some government departments and ship registries are operating limited services,” he told TradeWinds.

“However, we managed to complete a 19-ship transaction last week involving multiple parties and jurisdictions. What it needed was all parties to be reasonable and understanding of the situation to get the deal through — and this happened.”

Likewise, Stephen Askins, a partner at London-based law firm Tatham & Co, said the coronavirus pandemic has further complicated his already complex line of work.

Askins specialises in advising on piracy, particularly in the Gulf of Guinea, as well as maritime terrorism and the use of armed guards.

“On Sunday, we were instructed on the latest kidnapping and if that wasn’t difficult enough, trying to manage the logistics of that in a world which is closing its borders, airports and banks is going to be a real challenge,” he told TradeWinds.

“However, we are running remote crisis meetings and, early days, but that seems to work.”