The New Jersey State Bar Association’s Pandemic Task Force released a new report examining the impact the public health crisis has had on several areas of law.
The Practice of Law Committee analyzed the effects of the COVID-19 pandemic on various areas of the law and recommended pathways forward as the profession emerges from the crisis. The committee gathered insights and guidance from attorneys across practice areas, ranging from civil trial to workers’ compensation.
“For practitioners, there has been a significant adjustment in the practice of law since the start of the pandemic, from procedural issues in connection with court filings and appearances, to substantive issues involving the legal questions with which our advice is sought,” the report said.
One of the positive outcomes has been the use of virtual technology in many areas, which has not only been efficient, but long overdue in the practice of law, the report said.
“This horrific pandemic has forcibly shown us the many uses of virtual technology that the courts should continue to use going forward. In doing so, we hope to make a demanding profession and difficult job slightly easier for the court, the lawyers and the citizens that we serve,” the report noted.
Areas of concern and recommendations
To be sure, there have been many negative outcomes of the pandemic on the practice of law. A central concern of the committee has been the effect of social distancing, particularly the inability to be present in the courthouse and courtrooms, and the lack of jury trials. The report also noted that some lawyers were unable to overcome the economic setback of the global health crisis; many had to let go of employees or close altogether. For lawyers who were able to continue their practices, there will likely continue to be a significant economic impact. Still, the report noted, the practice of law has been able to pivot and adapt to the virus.
The report goes on to summarize specific concerns and make recommendations about moving forward in several practice areas, including: civil trial; criminal law; elder and disability law; family law; immigration; municipal court; real property, trust and estate; taxation law; and workers’ compensation.
“Going forward, we would hope to take what we have learned from the global health crisis and create new routines and practices that are lasting, useful and efficient. Video and audio conferencing of routine and administrative functions should continue, to the extent permitted and constitutionally appropriate. It is a benefit to the court, practitioners and, most importantly, the litigants in reducing counsel fees and expenses, and has proved to be a streamlined process. Scheduling virtual events has become a more routine practice; the ability to use rooms in a virtual setting has facilitated mediations and other out-of-court dispute resolution methods; and both time, costs and stress are mitigated without the need to wait in courtroom hallways or commute from one event to the next,” the report said.
To view the report, visit njsba.com.