As the impact of COVID-19 starts to really take effect, there is clearly a high chance that solicitors’ firms all over the country will be affected – either directly as a result of staff absences or indirectly as a result of others with whom they have dealings being affected. As with all risks, firms must take steps to ensure that the impact upon clients and potential clients of the firm is as low as possible.
Much has already been written elsewhere as to the general medical and practical steps in relation to COVID-19. Here we plan to look purely at what firms should be giving thought to from a management and regulatory point of view and providing signposting to some of the resources that might be useful.
As at the time of writing the Solicitors Regulation Authority (SRA) has yet to issue any guidance to firms on the regulatory aspects of dealing with COVID-19 other than to provide notification of which of their events they are cancelling. If any definitive statement is forthcoming, we will include a link to it.
What should firms be doing?
The question for many firms is whether they should be doing something positive to deal with COVID 19 or whether they should just hunker down and hope that it passes them by.
Given that both they and their clients could be affected by COVID-19, hunkering down is not really an option. At the very least, firms need to take steps to plan how they will cope with client issues if key staff become infected – especially small firms and sole practitioners who may not have the resources internally to be able to absorb additional workloads. However, contingencies as to how transactions could be affected if clients become infected or how they will simply go about seeing clients in a safe way will need to be considered.
Indeed, doing nothing is not only not an option but not a logical choice. It is better to have a plan that you did not need to implement than not have one that you need all of a sudden.
A starting point for all firms, then, is to:
The most likely direct impact upon firms is going to be in relation to staff – for example whether to insist they come to work, whether to put into effect facilities for home working, how to cope if staff are absent, how to protect staff from infection and in many cases how to pay staff if the firm is no longer able to continue to function.
The Law Society has produced an online guide to help firms to cope with some of these issues which can be found at https://www.lawsociety.org.uk/support-services/advice/articles/coronavirus-advice-and-updates/. This contains links to Government Guidance as well as helpful information for conveyancers, those visiting police stations, litigators etc.
So what else can firms do to help cope?
A starting point is to take action to reduce the risks of exposure in the workplace and ensuring that everyone is kept up to date on what those actions are. This could range from the simple actions advocated by the government such as encouraging staff to wash their hands regularly through to working out ways that some, if not all staff, can work from home. Other suggested actions include:
So far as overseas working is concerned, this is likely to prove the most problematical and firms are recommended to consult the Travel Advice issued by the Foreign and Commonwealth Office (FCO) (www.gov.uk/guidance/travel-advice-novel-coronavirus).
In terms of management and supervision, firms would be well advised to review who in the firm does what, the skills they possess and whether or not they have any experience in areas of work other than their main area. Firms may have no option but to allow staff to take over from colleagues who have contracted the virus – even if they would not normally have done so. Bear in mind, however, the COVID-19 is not an excuse for poor quality work, negligence, lack of basic skills or losses incurred by clients.
Firms will also need to:
Finally, firms will need to be aware of what is happening around them, of the time scales for dealing with COVID-19 and of the arrangements that others are making in order to deal with the crisis. This could involve monitoring the courts or other public bodies with whom the firm deals and being aware of other firms that might have issues of their own that could have an impact. Wherever possible, firms should be building a degree of flexibility into their processes and transactions and be making sure that clients aware of the potential for problems to arise. It is vital also that clients are made aware of the importance of telling the firm as soon as possible if they become affected or have issues arising from the virus so that other parties or the courts can be warned.
Resources available
