Practicing Law During a Pandemic

Will Temporary Circumstances Catalyze Permanent Changes?

By Natalie Wilson

The San Antonio Lawyer has a two-pronged mission to serve the members of the San Antonio Bar Association: to provide substantive content and to chronicle the lives and practices of our bar members. It seems imperative that this magazine should preserve at least an impression of what it was like to practice law during the COVID-19 pandemic and the resulting shutdown. As we have attempted to re-open and slowly move toward something approaching "normalcy," I grew curious about what the enduring effects of practicing law remotely might be. To create a sort of time capsule, I queried several friends in the Bar about their experiences and predictions. Undoubtedly, the practice of law will look very different in ten or twenty years, and it will be interesting to look back and see what changes took root in early 2020.

On March 11, 2020, the World Health Organization declared the illness caused by COVID-19, a novel coronavirus, to be a pandemic. San Antonio and the surrounding area had already been on high alert because repatriated Americans evacuated from Wuhan, China—where the disease was first identified— had been quarantined at Lackland Air Force Base since February. The announcement of the pandemic, however, dramatically shifted the public health response. City, county, and state governments began issuing emergency orders designed to limit the movement of citizens to prevent the spread of the virus. Courts closed for all but the most urgent hearings. Most hearings and trials were cancelled, and jury service was suspended. Schools and daycare facilities closed. Law firms and other businesses quickly mobilized resources to permit the vast majority of their personnel to work from home. This seemed tenable, if not ideal, for a week or two. As of the writing of this article, however, it has been nearly ten weeks since the WHO’s announcement. Courts have “reopened” incrementally for telephonic or videoconference hearings. Depositions and alternative dispute resolution have likewise gone on-line.

While some mandatory restrictions have eased somewhat, there are still many barriers to resuming activities in the same manner they were conducted pre-pandemic. In April, Texas schools were closed for the remainder of the academic year. Many daycare centers are still closed, and summer camps are cancelled, making it impossible for many lawyers to return to “normal” work routines. Courts cannot conduct their business and maintain the recommended social distance and sanitation measures, so in-person hearings and trials have not resumed at normal levels. Recently, by order dated June 29, 2020, the Supreme Court of Texas extended restrictions upon jury trials until at least September 1, 2020. In-person seminars, conferences, and other continuing education opportunities were cancelled in the spring, and such events either shifted online or were rescheduled for later in the year.

Law firms have not been immune from the financial pressures generated by a halted economy, with many firms announcing layoffs, salary reductions, and postponed start dates for new associates. Firms also had to curtail or substantially modify their summer associate programs. Many states, including Texas, delayed the July bar exam and implemented or modified rules for unlicensed graduates to practice law pending the results of their bar exams. The bar exam will be administered in September and October (subject to change based on further emergency orders).

Juggling this onslaught of change has been challenging logistically, financially, and emotionally. Hopefully, many of our adaptations will be temporary, but there may be aspects of our “new normal” that are worth carrying forward.

In particular, Ashley Senary Dahlberg, a financial services attorney at Norton Rose Fulbright, noticed a distinct increase in connection and empathy among the teams she works on. These teams begin their conference call with each member using a single word to describe how he or she feels that day. This quick check is less invasive than asking “how are you feeling” but still allows leaders to assess what the team members need at that moment. Dahlberg hopes that this pronounced interest in the well-being of others will continue, as “gentleness with ourselves and each other can only benefit what is otherwise a tightly wound profession.”

Liz LaBarge, the co-owner of Texas Medical Legal Consultants, LLC and current Chairman of SABA’s Medical Legal Liaison Committee, echoed Dahlberg’s sentiments. Texas Medical Legal Consultants had some experience with remote work. Its employees have been permitted to work remotely one day per week for the last two years, and their work was always remote from the medical expert witnesses and attorneys they connect. So, the technical and administrative infrastructure to support fully remote work was already in place. In some respects, the pandemic closures made their work easier because many physicians were more available while nonemergency appointments and procedures were prohibited. The biggest challenge for LaBarge was maintaining the company culture and personal connections with her colleagues, but she believes the executive team’s efforts will prove worthwhile because “prioritizing the wellness and health of our employees during these challenging times will lead to enhanced productivity in the long term. It is essential to show grace and acknowledge every employee’s fears, concerns, and individual circumstances.” LaBarge notes that the attorneys and experts she works with have also shown increased patience and flexibility with each other, which she hopes will continue post-pandemic.

Like LaBarge, intellectual property attorney and SABA Director Nick Guinn already interacted with his clients mainly by telephone or email. Discussions that he would normally have in-person were easily conducted by videoconferencing. While Guinn worried about having less access to hard copies of documents, he has found electronic documents surprisingly easy to work with and is excited about continuing to use less paper going forward. He has been supported in these transitions by his assistant, Rebekah Maldonado Holder, whom he calls “phenomenal.” Guinn looks forward to the day when social distancing is no longer required, but he believes that the demonstrated effectiveness of remote communication will allow lawyers to serve clients outside their immediate geographic area.

The San Antonio Bar has risen admirably to the challenges presented by the COVID-19 pandemic. The spirit of optimism and resiliency that has gotten us through the last few months will help us as we consider how best to serve our clients, our organizations, our community, and each other as we shape our “new normal.”

Natalie Wilson is a shareholder in the Bankruptcy and Cybersecurity, Data Protection, and Privacy groups at Langley & Banack, Inc.