Tuesday, March 31, 2020

Law in the Time of Coronavirus, Part 2

Under the state, county, and city stay-at-home orders, legal services are deemed essential, so I am permitted to leave my home. I am trying not to abuse that privilege, however. Moreover, I decided that it would be easier for me to manage working from one location (home) than it would be to try to juggle work in two locations (home and office). I do not want to lug equipment, files, and supplies to and fro every day for a month or more. Also, Murphy's Law being what it is, whatever you need will inevitably be at the other location. I am venturing out for work only when it is absolutely necessary.

As I review my out-of-the-office needs, I realize how much technology has relieved me of the need to leave my office. I can do most of my banking online. I already order most of my office supplies online. I can even search titles online from the Register of Deed's web site. A drive-through bank run is sometimes necessary. Local office supply stores are open if I happen to have an immediate need. The Register of Deeds is open if I need to record original documents. But, I have eliminated most routine errands already for the sake of efficiency.

The major task that I cannot accomplish from my office is communicating with clients who are in jail. Although the jail has suspended visits from the general public, attorneys are allowed to visit with their clients. I already bundle all of my jail visits into one trip for efficiency, and this approach now has the added benefit of reducing exposure, in both directions. Outside visitors like me probably pose more danger to the jail population than vice versa. Given the special health challenges of a jail setting, I think that we outside visitors should be especially careful to reduce our potential impact.

The court house is where I spend most of my time out of the office. While the District Attorney's office continues to be open, I have reduced the frequency of my trips to see Assistant DAs, relying more on email instead. I generally think that face-to-face communication is more effective than email, but this is one area that has had to change due to the virus. Really, the only times that I need to be at the court house now are for the few hearings that have not been canceled, and to physically file court documents. I wonder if this shutdown experience will prompt the court system to speed up its adoption of electronic filing.

Other lawyers will have different experiences than mine. A real estate lawyer will have to make multiple trips to the Register of Deeds. A civil litigator will have to file documents continually at the Clerk of Court. Or, at least, their paralegals will have to. With some forethought, however, lawyers can adjust and continue to deliver legal services.

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