Roundtable: Changes in the legal sector

®oundtable:

Changes in the legal sector

Law firms were forced to adopt technology at an unexpected pace in the past year. Here, legal experts discuss the tech trends that have impacted their practices.

Suzanne Bogdan

Regional Managing Partner, Fort Lauderdale Fisher Phillips

What trends in the legal sector have you identified? Outside of COVID-19, the Supreme Court Bostock v. Clayton County case that was decided in 2020 finally settled the question, nationwide as to whether or not gender identity and sexual orientation were protected areas of discrimination under federal law. The court said those were protected and when that came out, it changed the landscape across the country. Several companies were not prepared to accommodate gender identity and sexual orientation. We helped educate them and move them forward.

At the same time, the Supreme Court decided another case, which was important for religious institutions and religious schools. That case, Our Lady of Guadalupe School v. Morrissey-Berru, expanded the ministerial exception for religious institutions. The court made clear that whether someone is a functional minister depends on their duties, not some formalistic test. This provides churches and schools with more flexibility in making employment decisions.

How did your firm tackle COVID-related tech challenges? In 2018, we knew we had to upgrade all of our technology to accommodate our fast-paced growth. We wanted to make sure all of our software programs nationwide were working together and communicating seamlessly with each other. Our CIO completely revamped our technology team and our technology department. By the time COVID-19 hit, we already had software, hardware, processes and training in place and we did not miss a step. Data breaches necessarily create concern among a company’s clients but we have not had to face that circumstance due to our upgrades.

Philip Rosen

Shareholder & Chair, Real Estate Practice Group Becker

Which practice areas have beem most in demand? We have been very busy because when COVID first hit, every homeowner and condominium association needed to know what to do to keep their residents safe and limit their liability. We spend a lot of time these days working in conjunction with our litigation department on loan workouts for either lenders dealing with bad loans or clients who are borrowers and need us to negotiate with lenders. The courts have figured out a way to start moving dockets along so we expect to see some foreclosure velocity beginning soon.

What technology trends has Becker adopted? Physically doing a closing has been very challenging so we have been on top of a digital notary and signing technology. I have a client in Costa Rica who was closing on a property in Florida. We managed to get the documents notarized virtually. That is not as much a competitive advantage as the lack of it is a disadvantage.

What is your outlook for real estate litigation? Real estate is still one of the only investments that holds its value well over the long term, which makes it one of the strongest assets anyone could ever own. In the short term, I think there will be some distress. For veterans of the 2008 market meltdown, we know it took about two years for the vast majority of the properties that were lost to foreclosure to filter through and be resold on the market. But that crash was due to a meltdown in the market, with no liquidity to be seen. This situation is very di erent and although banks have ratcheted down, they are still lending. The government also came to the rescue much more quickly and e ectively this time.

William Scherer

Founder & Managing Partner Conrad & Scherer

How have the needs of your clients changed in the past year? Civil disputes are not being resolved much in my area because defendants always want to hold onto their money, they don’t want to settle until trial and mediations are imminent, and because we were not trying jury trials during the pandemic, there was no pressure to resolve cases.

One of the ways we handle big cases is mock trying them over and over again to understand their nature, and we’ve been doing that remotely through virtual technology, which is pretty amazing because you can do it from all over, putting people together from California and New York. For non-jury cases, it’s pretty much the same. In Broward, I tried probably the first non-jury trial via Zoom, which was an interesting experience because I’m a courtroom lawyer, so I’m used to looking witnesses in the eye when I cross examine them, and then seeing how the judge and jury react. All that has really changed. However, I think we are more e cient.

What other major changes have resulted from technology in your practice? We’ve been dragged, kicking and screaming as a legal profession, into using modern techniques and technology. Part of the issue is the traditional hourly billing paradigm, which rewards ine ciency. Because a high percentage of our cases are contingent fee, we are motivated to be as e cient as possible, using technology, because the cost of the legal work is on our nickel. We treat our hourly clients and our contingent fee clients the same, using technology equally. Everybody benefits. What are the emerging technology trends that Brinkley Morgan is keeping an eye on? Through innovation, we have learned that there are better ways to do things, which will make the legal profession more e cient. There is still a need for in-person hearings, especially for significant, evidentiary trials. But the legal profession is changing, and remote working is here to stay. I am not sure anyone will go back to the o ce five days a week. Family law, real estate and estate planning have been the areas that have seen the most significant demand during this time.

How has Brinkley Morgan been a diversity and inclusion leader for the legal profession in the region? We are an incredibly inclusive firm in terms of gender. We implemented flexible working before COVID to cater to working mothers and their schedules. It starts with our leaders, ensuring the sta feels comfortable in a firm where flexibility exists in maintaining the work-life balance. The firm provides concessions for individuals with infants at home. We understand that parents have great talent and want to o er them the opportunities to succeed in the workplace.

What is your outlook for Brinkley Morgan and the legal sector in South Florida? The pandemic will end, and we will continue to plan for the future. We are looking for opportunities to grow. I think next year, there will be a tremendous amount of litigation, so we need to poise ourselves to take advantage of that opportunity. I don’t think there is any hope the economy will be fully open before the end of the year.

Roberta Stanley

Managing Partner Brinkley Morgan