So this is my opinion. It is how I plan on and continue to practice. I am making modifications when clients request, but other than that I am going to continue practicing the same way and this is why.
I will continue in office meetings. Why? Because as an attorney I need to connect with my clients. How am I supposed to gain the understanding of what they want and need if I am sitting behind a computer talking to them. Many times I make personal connections with my clients, and I find that easier in person. At the same time, I understand people's concerns. If you do not want to do an in person meeting I can definitely Zoom, Skype or whatever to meet with you. If I get sick I do have a plan that will be instituted.
I am not a fan of hearings via Zoom. I get that the courts don't want all of the attorneys in the room and rooms filled with litigant's. It is definitely something that makes sense. What doesn't make sense is doing evidentiary hearings via Zoom, Skype or other means. First off, it has been reported that these connections are not safe and can be hacked. I'm personally not so worried about that because you can also come into the court room and watch these hearings. Second, and what I am actually concerned about, is opposing pro se litigants getting coached by family members, friends, etc. who think they are attorneys but are off screen. This makes it so the entire hearing is in question. The only way to prevent this from happening is really have someone stand or sit facing the wall with the computer recording them and what is behind them. What court is really going to do that?
During said Zoom hearings I do plan on having my clients in the room with me. Why you ask. Well it is easier to talk to them if they are next to you. If you have questions you can ask instead of texting them and waiting for them to text back. It's also more secure to just ask than it is to text/email messages back and forth. You can't come at me for this one, because how many times are documents asked for in discovery and we have to say what is not in there and that they are attorney client confidentiality. Furthermore, if a client asks for advice on the spot you want to give it to them, not hope that they text back or hope that they text you asking for it in the first place.
Letters. Email is great, but letters are where it is at. You can do read receipts on emails, but I bet more than one person has access to emails. It is very hard to prove that they actually received an email. Letters are better because you can ask for a signature. The issue with that right now is that mail carriers are not getting signatures. This puts many of us attorney's in bad spots where there are judges, *cough cough Judge Doyle* that require that we have a signature card and will not take the tracking receipt. Don't get me wrong, I love the tracking receipt's but some judge's don't. Why you ask, well because how does the judge know that the other party didn't intercept the mail if they live together, or if someone else got the mail and didn't hand it over. Yes, those are not excuses, but I'd rather be safe than sorry.
Hard copies and electronic copies. Well you might be like that is just silly. Yes it can be, HOWEVER, I do not take my computer everytime I go to court. The computer is too big. It is not convenient to carry around. Hard copies work better. Plus computers, let's be real. Technology is great.... until it isn't. Computer's crash and hard drives get wiped by viruses. I am a big proponent of always having a back up plan. Hard copies allow you to review what you have done and recreate them if necessary. Hard copies are also required storage. Isn't that fun.
But the most not so popular opinion that I have is that as a person you need to do what is best for you. If staying in and avoiding crowds is what is best (hello fellow people with diabetes and/or asthma!) then do that. If running your business and working is what is best for you (hello fellow small business owners, attorneys, and other people that NEED to make a living) then do that. Make sure you are true to you no matter what is going on during this time. The same is to be said when dealing with your attorney. If you feel comfortable meeting in the office let your attorney know. I personally know I will accommodate and meet with people. If you don't feel comfortable meeting in an office because of the space or because you feel that your health could be negatively affected by going outside, well that's why we have Zoom and Skype. Also, prior to this pandemic, I was doing many phone initial consultations anyway. Please remember to be comfortable with your attorney! Also please be aware that your attorney may have health issues. They may need to do the Zoom or Skype meeting because of a weakened immune systems, little children at home, elderly being taken care of, or someone in their house has weakened immune systems. If that is the case talk to them and come up with a solution that makes you feel comfortable.
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