Dealing With the Law During the Pandemic

I’ve written before about the notion of creating a relationship with an attorney before you actually need one. Some find it more difficult to cultivate a trusting attorney-client relationship in the virtual world. While some find email, phone calls and even Zoom to be impersonal ways to communicate, attorneys and clients must be flexible in the era of social distancing. I find it helpful to connect with clients right away and ask about their preferred ways of communicating.

Clients want and need to be kept “in the loop”. When surveyed, most people’s biggest complaint with attorneys is that they don’t communicate enough with their clients. Using technology can save time and make communication easier, but it only works if clients are comfortable with technology. My experience is that many clients are working from home too, and a sense of humor and flexibility are more valuable than ever for all concerned.

A major change that has occurred as a result of the pandemic has been that legal proceedings are now being conducted remotely. The shift to virtual proceedings has resulted in significant cost savings to clients as it reduces or eliminates the need for attorney and client travel. Work that was routinely done in person in the past can be shifted to an online format without a loss of quality. I have used virtual meeting software to conduct client meetings, witness consultations, hearings, and even appellate arguments.

When dealing with court related matters, it is crucial that my clients understand that if it is unclear what is happening or there is an awkward silence, they need to ask me about it in a private way, but to not fill the silence in a proceeding and that they should trust me to communicate when it is time for them to speak. This is all worked out in advance, often using something as simple as texting off camera to discuss things without anyone else hearing us.

For now, technology is being used effectively and frequently to help all aspects of the legal system. We should not be surprised if, after the pandemic and its restrictions are over, that some of these changes will remain. Costs and clients’ preferences may end up driving that decision. Only time will tell.