What legal processes are hindered by MCO restrictions?

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Legal Processes Hindered by MCO Restrictions

Law firms face significant operational challenges during the Movement Control Order (MCO), making the execution of various legal processes difficult. While the court has permitted certain uncontested civil cases and inter-parties applications to proceed via telephone and video conference, fundamental requirements of these processes necessitate physical presence and movement, which are restricted under the MCO. The affirmation of affidavits, service of documents like Bankruptcy Notices, and essential clerical work all involve interactions and movements that are currently prohibited or severely limited, thereby obstructing the smooth functioning of legal operations.
Affirmation of Affidavits and Document Service

A primary obstacle is the requirement for affidavits to be affirmed by Commissioners for Oaths. This process mandates the physical presence of both the client and the Commissioner for Oaths, involving the movement of parties to an operational office. Similarly, the execution of certain applications, such as serving Bankruptcy Notices on judgement debtors, relies on process servers who must physically deliver these documents. These actions inherently involve travel and face-to-face interactions, directly conflicting with the MCO's objective of minimising public movement.
Operational Challenges for Clerical and Administrative Work

Legal clerical work, essential for the progression of cases, requires staff to be physically present in the office. With the closure of civil litigation case operations during the MCO, asking staff to attend the office for administrative tasks leads to increased staff movement. Furthermore, if any staff member or client is found to be Covid-19 positive, firms face the responsibility of covering medical bills and sanitising office premises, adding a significant risk and financial burden.
Infrastructure and Connectivity Limitations

Conducting legal work remotely is often not feasible as case files and essential computer systems are typically housed within office premises, making home-based operations impractical. Even when remote proceedings are permitted, challenges arise. Telephone conferences can become difficult to manage due to busy lines, a consequence of the sheer volume of cases attempting to connect simultaneously. Video conferencing, while an alternative, presents infrastructure and vendor challenges, particularly for small and medium-sized law firms that may lack the necessary technology or face difficulties in securing suitable service providers.

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What legal processes are hindered by MCO restrictions?

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