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The fear of SARS and the stringent quarantining procedure
have swayed many businesses to put into action their
contingency plans. The situation of the legal industry
is equally worrying, if not more than the other professions.
If the lawyer handling your case has to undergo home
confinement or if his office building is sealed off
for quarantine, your urgent legal matters will come
to a halt, settlement negotiation may need to be temporarily
suspended.
The situation is particularly worrying for sole practitioners,
when there is no other contingent plan in place, they
are recommended to liaise with another firm to draw
up contingency arrangements whereby in the event of
quarantine of the firm, the other firm will act as the
quarantined firm's agent. Obviously, this arrangement
is not quite satisfactory from clients' point of view.
The clients have no way of knowing whether the agent
firm has the specialty to handle their cases, not to
mention the time and extra costs involved in having
to give another brief of the case all over again to
the agent firm.
The above problems could have been resolved if the
lawyer of the closed-off law firm building or the home-confined
lawyer can work from another location other than his
office building. In this situation, Themis PMS ("PMS"),
an online practice management system developed by i-LegalService
Limited may be the perfect solution.
Themis PMS
PMS is an Internet based document and practice management
application designed for the day-to-day running of a
Hong Kong law firm. It enables law firms to store all
their documents on the PMS secured server, which is
located at the Tradelink secure data center, and retrieve
them from anywhere via a secure Internet connection.
Hence, even when a building is closed-off for quarantine,
lawyers can still continue on with their work at their
virtual law office anytime anywhere, the delay in handling
client's case can be kept to the minimal.
Up to the time of writing, the travellers' warning
imposed against Hong Kong by the World Health Organisation
has yet to be withdrawn. With the SARS epidemic still
uncontrollable, travellers are deterred from coming
to Hong Kong. Take the example of the complex multi-million
dollar commercial dispute again. The success of the
case depends very much on the evidence of an expert
witness who resides in England. However, the witness
has decided not to come to Hong Kong to testify because
of SARS. In the past, the absence of this witness would
have been disastrous to the case. Nevertheless, with
PMS in place and the recent opening of the "Technology
Court" by the Judiciary of Hong Kong in April this
year, it does not matter where these witnesses are,
they can still participate in court proceedings.
The expert witness can be updated with the progress
of the case wherever he is via PMS; time difference
is no longer a problem. The moment he logs on to the
PMS, he can view the latest documents and information
about the case. Active interaction about the case progress
with the lawyers in Hong Kong can be continued without
interruption.
Technology Court
Apart from PMS, the Judiciary has also played a major
role in modernising the traditional courtroom, bringing
in the latest technologies and enhancing the efficiency
of the court. Having planned and spent some HK$9 million
since the millennium, the Hong Kong Judiciary have recently
launched the use of its "Technology Court".
With such technologies, trials can proceed even when
key witnesses are not available in Hong Kong. Examination
of such unavailable witness can be conducted via the
Technology Court's closed-circuit television, hence,
even if a witness is unavailable in Hong Kong or needs
to be quarantine for suspected SARS infection, the trial
can proceed without that witness being physically present
in court.
Yet, there is still room for improvement for the Technology
Court. Much of today's legal proceeding still operates
on a paper basis, the parties will have to convert all
such documents filed in the court registry into electronic
format and store them onto a disk to be submitted to
the Judiciary for uploading onto the Documentation and
Exhibit Handling System (DEHS) provided by the Technology
Court. This in effect creates extra work, hence additional
costs to the parties.
These additional work and costs can be avoided if all
court documents can be filed by electronic means at
the very first instance. In fact, electronic filing
has already been implemented in places like the United
States, Singapore and Australia. It is likely that the
Hong Kong legal industry will soon follow the trend
of other industries, at such time, users of the PMS
would certainly be at an advantage for they will be
able to provide more efficient service and achieve higher
customer satisfaction. These law firms will be able
to commence proceedings as per their client's instruction
anywhere, anytime.
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