Throughout the American workforce, professionals agree that the COVID-19 pandemic has drastically impacted workplace practices and caused major technological advancement across industries. The pandemic forced the majority of companies to rely more heavily on technology and look to new technological innovations to solve the problems caused by the nationwide transition to remote work. Of the many industries impacted by the COVID-19, the legal industry was perhaps one of the industries hit hardest by the remote work transition, which caused substantial hearing delays.
Despite the widespread uncertainty and confusion across the country, law firms responded quickly to the changes caused by COVID-19 and worked to adopt new technological practices within both the firm and courtroom. Although for many years, law firms have been slow to adopt new technology, in 2020, technology in firms grew exponentially as partners, lawyers, and legal aids upgraded computers, purchased remote work applications, reinforced work computers with cybersecurity applications, and utilized videoconferencing technology within the office to effectively communicate with clients and coworkers. However, while the pandemic sparked widespread technological reliance throughout law firms, it was not the only change the legal industry saw in 2020.
As someone with over 30 years of legal experience, Joseph Painter of Blacksburg, VA, has seen many changes take place within the legal industry. Of all of these changes, however, Joseph Painter of Blacksburg stresses that COVID-19 changes are the most extensive and most likely to last for years to come. As someone who experienced first hand these changes, Joseph Painter will share his views on the pandemic’s impact on the legal industry and what changes are likely to last.
Difficulty in Finding Clients
When the COVID-19 pandemic first hit, many courtrooms were forced to suspend hearings in response to social distancing orders. This caused a major backup in hearings and pushed back many hearing dates as much as six months. However, this was short-lived, as many law firms reported a drop in the number of new clients during the summer of 2020. Last year, the American Bar Association published their study “Practicing Law in the Pandemic and Moving Forward.” Within the study, the ABA stated that 52% of lawyers reported securing new business was much harder than before the pandemic, regardless of area of practice, age, race, or gender.
Industry experts believe there are a number of factors that could have caused this loss in business. The COVID-19 pandemic drastically affected the finances of millions of Americans, causing many individuals to push off elected expenses such as lawsuits. Additionally, because the pandemic pushed many Americans online, law firms that lacked an online presence were often passed over by potential new clients. Although the industry-wide loss of clients is likely temporary, many law firms will likely continue to improve their online presence in order to attract new clients.
Virtual Litigation
Perhaps the biggest change the legal industry has undergone since the start of the COVID-19 pandemic is the adoption of virtual litigation. Virtual lawsuits are at their core essentially the same as in-person litigation; however, they involve much more unique logistical challenges for all legal parties involved. Virtual trials, also known as electronic trials, will often take more planning from the Judge and both parties’ attorneys. Before trial, oftentimes Judges will conduct a meeting with both legal parties and disclose the electronic trial’s protocol such as what technology will be allowed throughout the trial, how documents will be submitted throughout the trial, how these documents will be viewed, and the process for calling virtual witnesses within the trail. For many attorneys, virtual trails come with their own unique pros and cons. For example, while virtual trials require much more planning, coordinating witnesses requires much more hassle when the trial is conducted remotely. However, virtual cross-examination of witnesses is considered much more difficult than in-person cross-examination as witnesses are less likely to be intimidated by the line of questioning and often are less forthcoming.
Many attorneys now believe that virtual trials will be a staple in the industry for years to come as a way to combat the rising number of hearings. As courts are able to schedule a greater number of virtual hearings than in-person hearings, judges will be unlikely to dismiss virtual hearings as an option for their courtroom proceedings anytime soon.
Online CLE Courses and Legal Conferences
The majority of states require lawyers to complete mandatory continuing legal education courses or CLE requirements in order to practice legally. While prior to the pandemic these courses and CLE legal conferences were held in-person prior, since COVID-19, the legal industry has seen increased online accessibility to these courses. With the rise of these virtual classes and conferences, attorneys can now stay on top of their CLE requirements and learn best practices, legal changes, and new technology without taking time away from their busy schedules.
Although many attorneys view CLE courses and popular in-person legal conferences as excellent ways to network and learn from legal experts in a variety of fields, this transition to online courses has met a great need within the legal community. Increased accessibility to CLE courses and remote conferences has been a major improvement for attorneys in suburban and rural areas and allowed lawyers to network online without long travel hours or potential health risks.
