Today I want to talk about the change of the practice of law post COVID and how COVID really accelerated the change of the practice of law to a more virtual type of practice and how that's really changed the ability of people to select a lawyer.
Pre-COVID Legal Landscape Before 2020, There was some ability to do things remotely, depending on the jurisdiction, some were more advanced than others in that respect. But by and large, most client attorney relationships were local, at least at some level. It was really important for lawyers that wanted to have a footprint in a wide geographic area, lawyers would have to have, generally, offices in various locations. One to meet with clients, probably equally as important, or maybe more important, was for the ability to attend court and hearings and proceedings. The Shift to Remote Legal Proceedings Well, that's completely changed. The vast majority of proceedings, legal proceedings, in civil litigation today proceed completely remote. That means zoom or other video conferencing for attendances at depositions, client meetings, conferences with opposing counsel, conferences with the court, hearings. Just about everything except trial, the vast majority proceeds on a remote basis these days. It also really also benefited the professional experience for a lawyer. Just comparing even in my own professional career, when I started practicing law in South Florida, I was part of a firm that had multiple offices throughout the state of Florida. And the reason we really had those various locations was really to accommodate attendance at court. When you contrast that to today, where you can really have your team together in one location and still attend court anywhere, it's really incredible, like how things have changed. And even just attending depositions, I remember, like I spent as a young lawyer driving, flying, I was flying all over the United States to take depositions of various witnesses or experts. All of that's been, for the most part, eliminated. We can take depositions of witnesses just about anywhere in the world now by video. Advantages and Disadvantages of Virtual Practice There's some disadvantages, but also some really great advantages. You know, there's some loss in the ability to get to know someone or really connect. Lawyers in litigation that have cases against one another. In the past, they spent a lot of time together. You really got to know your opposing counsel well. Sometimes that could help with ultimately resolving a case. But what's been gained, I think, is far greater than what's been lost. Efficiency, for sure. Depositions can be handled from anywhere. Witnesses can be deposed from anywhere. So what that means is it's easier to coordinate and schedule because now you don't need to accommodate people traveling and meeting the person, and having a court reporter present, this can be arranged by video conference. And so it really helps to keep the cases moving faster. The other thing is the ability to proceed by video for some people is more comfortable. They can do it from a location that's comfortable to them, as opposed to having to go to a formal setting to attend the hearing or to give evidence. The other important change is the lawyer can attend court anywhere for hearings without having to travel to the courthouse. You could really have a large footprint and attend any courthouse from one end of the jurisdiction to the other end. On the same day, you can have hearings in two different courts. And that's a really, really phenomenal change. Enhanced Client Choices and Lawyer Competition But I think the most important and valuable change is people's choice in lawyers. You know, several years ago, if someone lived in a remote town, they were pretty well limited to finding a lawyer in their town. This isn't a knock to any lawyer in a remote town. There are plenty of good lawyers. The person's options were limited to their jurisdictional area, their region, because they needed a lawyer that could attend court in their local area. Well, now people really have the choice of the entire jurisdiction. So whether it's a state or province, they can choose a lawyer anywhere. Competition among lawyers is obviously greater. But the choice for the consumer, for the client ultimately is much, much, much broader. They can interview lawyers, they can select lawyers from just about anywhere to represent them. And so I think that's the biggest important change that allows now clients to really have full access to justice and find a lawyer that's most suitable for them and their particular case or circumstance. Technological Advancements in Court Filings Courthouses have adopted not just remote video attendance, but also the filing of documents. That was already occurring before, but in the last few years, it's pretty well become universal that courthouses not only prefer but In many cases, require pleadings, documents, motions, anything that has to be filed with the court to be performed electronically. And so that means a lawyer can file documents from anywhere. It's almost instantaneous through remote filing these days. Whereas before you needed to prepare documents, sign documents, have them printed, and then maybe a process server. Pick them up from the lawyer's office, go to the courthouse, file these things, get receipts, bring it back to the lawyer stamped. All of that inefficiency is for the most part eliminated today. It doesn't exist anymore. You can access court documents electronically. It just really does improve the speed and efficiency of civil litigation. And also reduces the costs, which is also a good thing ultimately for the client. Conclusion: Embracing the New Normal in Legal Practice I would encourage you to reach out to lawyers throughout your jurisdiction, read reviews, talk to lawyers, and try to find the most suitable lawyer for you. You don't have to look specifically in your neighborhood. I can speak for our practice. We're fortunate enough that we represent clients wide and far, sometimes in cities and towns that I've never even visited. We're still able to form a great relationship with communication through telephone and video calls. And if the proceeding needs to be commenced in the area where the client resides, we can still do that, even though we might be hours and hours away from that location. Something to consider. It's not for everyone, but certainly it does expand the availability of lawyers and the choice of lawyers.
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AuthorAndrew A. Iacobelli is a personal injury attorney. Andrew is licensed to practice law in the States of Florida, Michigan, Texas and the Province of Ontario and regularly represents victims in cross-border injury claims. Andrew restricts his practice to the representation of individuals that have been seriously injured. Archives
February 2025
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