"It's very different from the larger firms; big business – to an extent – is ticking along as usual. That's what we are hearing – a lot of the larger firms are continuing to operate and surviving reasonably well."

Belt-tightening measures

Firm such as Ashurst, Minter Ellison, King & Wood Mallesons, Herbert Smith Freehills and Gilbert + Tobin have implemented belt-tightening measures. On Thursday, Ashurst said all its staff would move to an "80 per cent model" for three months from May 1, which involved cutting hours and pay by 20 per cent. It was a second step, having invited staff to take leave and work part-time on March 30

However, there have been none of the widespread lay-offs that have afflicted other sectors.

It has helped that those larger firms also did not have to scramble to set up remote working for their staff as the shutdown loomed in mid-March.

"Some of the smaller firms, the regional firms might not have had that technology – that infrastructure – in place," said Ms Wright.

She said her own firm had to call in tech experts so they could continue to work smoothly from home.

"What I am seeing across the profession is everyone is working really hard to ensure that this [remote working] works. Whatever it takes, they are trying."


She suspected many smaller and medium-sized firms will have little difficulty passing a qualifying clause for JobKeeper subsidies – that a business must have suffered a downturn of at least 30 per cent.

"There are going to be a lot of law firms that are going to be affected to that extent – especially those who are court-based, because most contested hearings are being adjourned till after the crisis.

"Short matters are being dealt with – especially when there is no contest – but a lot of the matters are being put off."

The situation is easing as most courts adjust to the restrictions imposed by the government and improve their remote technology. Still, they are operating at well under 50 per cent capacity as they follow the demands of social distancing.

Feeling the pinch

The Law Council's constituent bodies include all state law societies and bar associations, and Ms Wright said the latter group was really feeling the pinch.

"We are hearing stories that barristers are very badly affected – like anyone with a court-based practice."


NSW Bar Association president Tim Game, SC, said those who relied on criminal work had seen their practices collapse.

"Any barrister doing trial work in the District Court has suddenly no work at all at least until October, and for Local Court defended hearing work no work at all until some unstated date in the future,'' Mr Game said.

"This is a typical situation for criminal barristers, in particular. At the same time these barristers have to carry high overheads working mainly in the CBD because of the nature of the work."

He added that most trial barristers are highly dependent on legal aid work.

Perilous situation

"Payment for that work is parlous and those doing that work have difficulty meeting their overheads at the best of times. In current circumstances their situation is somewhat perilous; there is a knock on effect for the whole of chambers when this occurs."

Ms Wright said the fact clients simply can’t afford legal advice was another point of concern. She cited the plethora of new measures in relation to employment.

"People need to know what their rights and responsibilities are in the workplace and it's a concern that they will struggle along without getting the advice.

"I’m sure most lawyers are going to be reasonably flexible about time to pay."