FOR THE TIMES, THEY ARE A CHANGIN’

How the Practice of Law Will Change Following the Pandemic

Writtten By Nedda Ghandi, Esq.

“Come gather ‘round people, wherever you roam And admit that the waters around you have grown And accept it that soon you’ll be drenched to the bone If your time to you is worth saving Then you better start swimmin’ or you’ll sink like a stone For the times, they are a changin’.”

Bob Dylan has been warning us all for over half a century – change with the times or “you’ll sink like a stone.” But attorneys are a stubborn and constant lot. We cling to traditions and so-called “best practices” even when newer and better alternatives present themselves. We are often criticized for being resistant to change. The Covid pandemic forced our industry to move forward into the future in ways that many had doggedly resisted for years. Much of our lives, our offices, the court-room, the client-market, our day-to-day interactions, and thus, the practice of law itself – may never be the same. Let’s walk through some of the more important and visibly impacted changes that may just be here to stay.

Innovation is no longer seen as a threat.

It is no secret that the legal profession has been thought of as having a protectionist mindset that sees innovation as a threat. Like a game of whack-a-mole, wherever alternative forms of legal services delivery popped up, the organized bar or the “old guild” would be at the ready to pound them down. Even before the pandemic, attorneys were being challenged on its stance against new methods for delivering service and models for practicing in the modern world. However, the pandemic highlighted, in ways no studies or committees ever could, the fundamental shortcomings of the legal system as it was. A rigidly structured guild system of courts and services delivery, designed by lawyers for lawyers as their exclusive domain. The old system simply was not up to meeting the challenges of a world that demanded agility and flexibility. The pandemic forced the embrace of innovation on an accelerated scale and there is no going back.

For years prior to the pandemic, in part because of the access-to-justice crisis and the growing numbers of self-represented litigants, courts have been overwhelmed by demand and underfunded to deal with it. Consumed with the struggle to keep up with this demand, courts were unable to formulate the innovations that would help them keep up. But with the pandemic, there was a fundamental rethinking and restructuring of the courts. We found ourselves in a moment when the Courts could no longer function as the world paused even while the need for the service did not abate. Court adapted in the short-term allowing for telephonic and video appearances, offering more online services. And as the shortterm adaptations took root, the courts and practitioners realized that the adaptations were not only solving problems but were increasing efficiency and reducing costs. These shortterm adaptations will inevitably lead to long term changes.

More legal services will be offered remotely and online.

Many in the legal profession are learning for the first time what it means to deliver legal services remotely. Many others have been doing it to one extent or another for years. Others still are scrambling to come up with the capability. Turns out, Zoom (or BlueJeans or whatever your videoconferencing app of choice) is a perfectly good way to meet with clients and colleagues. More to the point, in many cases, it is a superior way to meet. For busy clients running businesses or working a job, having to travel and set aside time to meet with a lawyer was incredibly inconvenient. For those struggling to find money to pay for an attorney, having to take time off of work to travel across town for a 30-minute meeting only exacerbated the issues of obtaining access to justice. The requirement of face-to-face lawyering was a detriment to many clients without many attorneys even realizing it. Legal professionals can serve more clients by meeting with them remotely, and do it at greater convenience and lower cost. The pandemic forced society to communicate in a different way and now that we all understand the benefits, remote meetings will become more the norm and less the exception.

Law firms will change their structures and footprints.

Because of the pandemic, almost every law firm had to develop processes for working remotely. For lawyers who firms were already more technologically adept, the ability to work from home was already in place. In fact, in recent years prior to the pandemic, many firms were already encouraging flexible, remote working arrangements for their employees. The driver of this trend was not just convenience, but economics. The more a firm could reduce its physical footprint, the more it could save on real estate, maintenance, and overhead costs. The pandemic forced this realization on the profession. Now, firms are seeing that they can go remote on a scale they never anticipated and still function quite efficiently. This has led many to question to what extent a firm’s physical offices are essential to the services it provides? While an office provides camaraderie, collaboration, and convenience, there can be no doubt that physical downsizing will be a lasting impact of this crisis. Many law firms in Nevada are not only continuing the remote practice but are also integrating office sharing and flexible workspaces. Flexible work arrangements are becoming the new normal in many legal environments. In many ways, the pandemic gave the legal profession a swift push into the future.

We have to work harder to connect and develop relationships.

All of this innovation, remoting in, videoconferencing, and lack of in-person appearances provides the benefits of efficiency, reduced cost, and ease of access. However, it is not without obvious drawbacks. A critical component to the practice of law is the development of relationships with other attorneys and the building of a reputation with the Court. Without personal interactions, it can be difficult to foster positive relationships. We have lost the ability to discuss a case in person before or after a hearing in order to try to resolve ongoing issues or reach a resolution. Remote practice will inevitably translate into a possible slide towards being inflammatory, inconsiderate and indifferent to attorneys who we can keep at a distance. When we do not have to look each other in the eye as we walk out of the courtroom, advocacy can take a turn towards admonishment and insults. Now, more than ever, we have to be proactive in communication with each other. We have to put ourselves out there. We will have to recommit ourselves to professional courtesies and ethical practice.

All told, the pandemic has thrust innovations upon the practice of law that were past due. These innovations were not gradually made and come at the expense of personal connections. We will need to collectively be mindful of the impact of these innovations and learn the ebb and flow of the changing tide. As Bob said, “We better start swimmin’ or we’ll sink like a stone for the times, they are a changing’.”

Nedda Ghandi, Esq., is the founding partner of Ghandi Deeter Blackham Law Offices. A Nevada native, Ghandi is a graduate of the University of Nevada, Las Vegas William S. Boyd School of Law and has practiced law in Las Vegas for 9 years. Ghandi has written numerous articles for publications concerning interesting developments in the law, and has been selected as a member of Nevada’s Legal Elite and as a Super Lawyer every year since 2013. Ghandi Deeter Blackham specializes in family law, bankruptcy, guardianship, and probate. Consultations may be scheduled by calling 702.878.1115 or visiting www.ghandilaw.com Nedda Ghandi, Esq., is the founding partner of Ghandi Deeter Blackham Law Offices. A Nevada native, Ghandi is a graduate of the University of Nevada, Las Vegas William S. Boyd School of Law and has practiced law in Las Vegas for 9 years. Ghandi has written numerous articles for publications concerning interesting developments in the law, and has been selected as a member of Nevada’s Legal Elite and as a Super Lawyer every year since 2013. Ghandi Deeter Blackham specializes in family law, bankruptcy, guardianship, and probate. Consultations may be scheduled by calling 702.878.1115 or visiting www. ghandilaw.com