Ian Mulgrew: Pandemic challenging legal practices
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Many lawyers maintain that without looking into the eyes of an adversary, gauging his or her demeanour to determine credibility, they weren’t doing their jobs.
In reality, that’s cant — there are few Perry Mason cross-examinations triggering witness recantations and rarely will a poker-style tell expose someone who is lying.
Besides, credibility isn’t an issue with many witnesses such as professionals stating objective facts and science, most of which could be done in writing.
“I think some lawyers might overemphasize the value of being in-person in a hearing,” Chantler agreed.
Turko thought many lawyers were simply afraid of the extra scrutiny and social-media criticism the new environment might engender. Her work to free prisoners threatened by the virus earned her a slew of nasty emails and messages.
“Mind you, in the end,” she said, “I think who is embracing change is a lot about the personalities involved. The go-getters are still the go-getters and the duds are still the duds — this situation just makes them more visible.”
She looked at her phone and exclaimed: “Sorry, I’ve got about 17 clients on their deathbed right now, so I have to go.”
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