Even though law offices were deemed “essential” and may remain open during the pandemic, like all businesses, COVID-19 will change the everyday practice of law. Initial client contact may be limited to virtual introductions through e-mail, FaceTime, Zoom or other video conference services. However, the requirements of in person court reporters at depositions, notarizations and witnessing of document executions may require actual statutory or rule changes. Mediations and arbitrations can more easily move to a Zoom or other virtual format, although the effectiveness of such virtual ADR is yet to be seen.
The Courthouses face great challenges in increasing the ability to accept electronic filings. The largest Maryland state courts: Montgomery, Prince George’s and Baltimore City will need to push forward to implement these filing systems that have proven invaluable to other counties during these times of required shelter-in-place. Stop gap acceptance of email filings and allowing remote hearings should, and will likely, continue.
Even entering and navigating the courthouse will require new methods to allow social distancing. What seemed simple in the past, from lining up to pass through initial security to using the elevators, will now require re-scheduling of dockets to allow for staggering start times for all proceedings. Interactions with courthouse personnel and the handling of file material and exhibits must be revised as well. Will we be required to wear facemasks and gloves at all times?
Jury trials cannot take place for some time. When they do, it will be very different for all involved. The number of people at counsel table must be limited. There should be no shaking of hands before the proceedings. Indeed, the handshake has become an etiquette victim of the coronavirus. Jury boxes must be reconfigured. How will bench conferences be handled? There can be no more huddling around the Judge’s bench to ensure the jury does not hear the exchange among counsel and the Judge. The juror deliberations must also allow for appropriate social distancing. And, at the conclusion of a hard-fought battle, there can be no congratulatory celebrations of embraces or hugs.
WHAT COVID-19 CANNOT CHANGE
While this pandemic will change our interactions in offices and courthouses, I am certain it will not change our determination to represent each one of our clients zealously, our resolve to uphold the rule of law and to keep matters moving toward resolution so that we may continue to serve our clients’ needs and to provide meaningful results, at affordable rates, even in this time of uncertainty.
Anderson & Quinn, LLC is a law firm based in Rockville, Maryland, providing individuals, businesses, corporations, and healthcare institutions with the legal and litigation support they need to protect revenues. Alice Kelley Scanlon is a member of Anderson & Quinn, LLC, 25 Wood Lane, Rockville, MD, 20850. Tel: 301-762-3303. Email Ms. Scanlon at ascanlon@andersonquinn.com.
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