President’s Message

PRESIDENT’S MESSAGE By: Jason H. Long

London Amburn

THE NEW NORMAL

My freshman high school history teacher was a legend. She was tough and demanding, but genuinely concerned about her students, our well-being, and our education. She did as much as any authority figure in my life, aside from my parents, to set me on my path. She held us accountable for our work and expected us to solve our own problems. Whenever a student asked her the definition of a word that we did not understand from her lecture, she would say “Go to the Unabridged” in a solemn voice and point to the giant dictionary sitting on a podium in the corner of the room. Of course, that meant that if you didn’t know something, you should go look it up. My classmates and I have countless stories and anecdotes regarding our teacher, but I suspect that if you graduated from Knoxville Catholic High between the years 1986 and 1995, the first thing you would think of when her name was mentioned is the phrase “Necessity Being . . . the Mother of Invention.” It was a rallying cry for her and an exercise in unison recital for the rest of us. Anytime we got to a point in history where a dramatic shift in society was wrought because of a new invention, philosophy, or way of thinking, she would announce “Necessity Being . . .” and the class was expected to respond “the Mother of Invention.” I have thought about her often these past two years.

Regardless of political affiliation or beliefs concerning the origin, spread, treatment or effect of the coronavirus, I believe that we can all agree that we are living through a watershed moment for society that has wrought substantial change on the way we interact and do business. By necessity, we have invented new and, for the most part, better ways to practice law. The term “the new normal” has been bandied about to imply that things have changed and we will not be going back to the old ways any time soon. Lawyers are generally conservative and risk adverse by nature. We spend our days counseling others how to minimize risk and take the prudent path. A cornerstone of our profession is stare decisis, which mandates that we follow what has gone before. Yet, the pandemic has forced us to become entrepreneurs. We have embraced technology, out of necessity, to continue to provide service to our clients through an uncertain time.

Remote and hybrid meetings are here to stay. Zoom, Microsoft Teams, Webex, and a whole host of other platforms that were virtually unheard of three years ago are now ubiquitous to the practice of law and an essential tool for a modern practice. These technologies have made it easier to connect with one another and our clients in a way that can still be meaningful and productive. I will be the first to admit that I prefer inperson meetings when possible. However, if it comes down to a remote meeting or not being able to schedule a meeting at all, the choice is a no-brainer.

Along with the rise of remote meetings, our courts have managed to successfully move forward with online hearings. While a significant portion of the business we conduct in court will always be more effective live and in person, the use of digital technology to conduct routine hearings and scheduling conferences has been a godsend to litigators, their clients and, I suspect, the courts. No longer do we have to spend hours in court wading through the docket so that a matter may be scheduled or a non-evidentiary motion argued. A lawyer can now spend that time at his or her desk handling other matters until the case is called. The client is not billed for the time waiting in court. The judge does not have to juggle the docket, waiting for lawyer Smith to finish up in criminal court on another matter, or delaying proceedings because lawyer Doe is stuck in traffic but promises to be there shortly. Remote technology and our embrace of it in routine court proceedings is something we all should have thought of and implemented years ago. Some were moving in that direction, but it took the pandemic to kickstart the process.

Work from home has become a real thing and promises to bring some balance. We read stories every day about the high stress lawyers work under. Our profession typically leads the list in alcoholism, drug abuse, divorce, and suicide rates. You name it, if there is an indicator of an overly stressed profession, lawyers likely lead it. I cannot help but think that our ability over the past two years to adapt and learn how to work from home on a timeline and in a manner that fits our lives will be a benefit to our collective mental health and contribute to the overall well-being of the profession. We have learned that we can be flexible. We have given ourselves a crash course over the past two years in how to serve the client regardless of the circumstances. The pandemic has forced us to eschew traditional notions of what the practice of law should be. We have been forced to be creative and problem solve, which has strengthened us and made us more resilient.

Through all of this forced change, the KBA has been there, learning to adapt, alongside its members. Hybrid meetings and online CLE offerings have become routine. The bar has provided education and support for members through CLEs and the Law Practice Expo. The KBA provided a community during a period when people felt isolated. It learned how to be flexible as well and thrive during a period of uncertainty, thanks not only to the work of the Executive Director and her staff, but also the work of countless volunteers who saw value in and need for the programs and projects of the Association. One day, this pandemic will be over. When it is, the KBA will come out stronger, better, and more resilient, ready to serve the needs of its members in the new normal.