Practicing law in a brave new world

Matt Broughton, BridgeTower Media Newswires

Our daily routine for practicing law has changed dramatically in the last month as the coronavirus has spread rapidly.

We are no longer quietly experiencing our law firm office surrounded by our partners, legal assistants and staff. Instead, we are surrounded by our families and pets while we are working in our home offices, basements, reclaimed closets, garages, attics and even at our kitchen tables.

As the numbers of those infected, hospitalized or dead from COVID-19 continues to grow in the United States, terms like “flatten the curve” and “social distancing” now are beaten into our routines.

What began as a health crisis is now morphing into a fully blown economic crisis.

Attorneys, and our clients, are also feeling the impacts as the economy comes to a screeching halt to slow the spread of the disease. This has created challenges and hardships for law firms, the court system, and all of those we serve.

As restrictions on daily life appear to be setting in for longer than originally hoped, legal professionals have no choice now but to look for creative and innovative ways to serve our clients.

As a critical part of the American system of government, we cannot allow what started as a crisis of public health — and quickly became a crisis of economic consequence — to also become a crisis of justice.

None of this is to say that we should disregard the warnings of public health experts or ignore the orders of our elected leaders. In fact, the opposite is true: Our commitment to the pursuit of justice for our clients starts with a commitment to protecting the health of our entire profession. Attorneys and their employees cannot serve the client if they are sick or in the hospital.

Law firms and practitioners have already taken strong steps to allow for remote working when possible and social distancing at all times. For example, my firm, Gentry Locke, is requiring all our attorneys to work remotely, and we have deployed resources to allow most staff to work remotely as well. Those who must still come into the office are required to practice social distancing in an office where the scent of fresh flowers has been replaced by the sterile smell of Lysol and hand sanitizer.

We believe it is our responsibility to take a leadership role in our community, firm and home to prevent the spread and flatten the curve. This is especially vital given the tremendous need for legal services at this critical moment in time.

Our clients need us now more than ever. Their businesses and livelihoods may literally be hanging in the balance. Our guidance and counsel as attorneys is critical to helping them see through this crisis to the other side.
It is a growing snowball that is rolling down the mountain at breakneck speed.

As state governments continue to issue new orders and restrictions to deal with the crisis, as Gov. Ralph Northam did on March 30, our clients will need to know how this impacts them and how they must respond.

As the federal government passes emergency legislation, like the legislation passed recently requiring emergency paid sick leave to full-time employees affected by the crisis, our clients need to understand their obligations to employees.

Given the scope of this virus and its spread, there is no area of law not impacted – business continuity planning, workplace safety, business transactions, litigation, estate planning, domestic relations, government relations, employment law, criminal and every other area of law. All are adjusting to this sudden new reality.

More broadly speaking, each of us understands how vital the justice system is to the American system of government and our way of life. While it may not often seem like it, our work as attorneys goes directly to the heart of what it means to live in a representative democracy committed to the rule of law. Without the constant dispensation of justice, a free people cannot truly be free.

That is why our work must go on in the face of this crisis.

We are, without question, “essential” during these incredibly stressful days.

In order to continue faithfully serving our clients during this time, it is imperative that we work together to keep the legal system working to serve our clients, even if there are temporary interruptions and limits.

We all must be willing to adapt our business models to be successful in this unprecedented time. We should not seek unnecessary delays or put off routine business that can be conducted “virtually.” We should be leveraging technology fully to allow business to continue to proceed as efficiently as possible.

We understand there will be many instances when the challenges caused by the pandemic are such that delays and continuances must be secured for some clients. We hope such instances will be limited. With regard to litigated cases, we will seek ways to use technology to its fullest extent, and encourage you to do so as well. Some ideas for consideration include:

• Provide opposing counsel with your personal contact information for ease of communication;

• Think twice before requesting a continuance or delay of any deadline, hearing, deposition or trial while being understanding if your opponent truly feels such delays cannot be avoided;

• Seek approval by your client and/or opposing counsel to conduct telephone conferences with courts, administrative agencies, clients, opposing counsel;

• Seek approval by your client and/or opposing counsel to conduct mediations by alternative methods including Zoom, Go To Meeting, Skype, Teams etc.;

• Seek approval by your client and/or opposing counsel to conduct conferences with witnesses, police officers, experts, etc. by Facetime, Skype, Go To Meeting, etc.;

• Seek approval by your client and/or opposing counsel to take depositions by Go To Meeting or similar technology that has built-in HIPAA protection;

• Waive any requirement that the court reporter be in the room with the witness for purposes of swearing in.

To the extent opposing counsel does not have the same level of technology that you possess, consider sharing it with them. Offer to guide and teach them with technology issues. It is important to keep the process moving forward.

We must use collective wisdom and ingenuity to advance the ball and keep our clients’ work progressing.

This will require real cooperation and flexibility. We must lean heavily on our ability to trust one another as officers of the court, while always protecting our clients’ interests. If there was ever a moment for collegiality, it is now.

In times of crisis, it can be easy to succumb to the enormity of the challenges. We simply cannot do that here.

Our clients can and will survive this unprecedented pandemic provided we act now in a concerted, congenial and professional manner. We are a resilient and crucial part of the American landscape and we must be confident in ourselves to keep our system of justice moving forward.

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Matt Broughton is a partner with Gentry Locke in Roanoke.