Last month marked five years since the World Health Organization declared the Covid-19 outbreak a global health emergency.
Unlike anything experienced by most generations living today, the pandemic fundamentally altered how we lived and worked, shook the global economy, and, tragically, resulted in the death and illness of millions of people access the planet.
The pandemic brought significant changes to the legal profession and hastened a long necessary evolution of the practice of law.
Here are ten ways the practice of law evolved:
- Virtual Courtrooms: Courts transitioned to online hearings, enabling remote participation for lawyers, clients, and witnesses. Prior to the pandemic, court appearances could be costly for a client because an attorney would spend significant time traveling to and from court to only sit and wait for a matter to be called. This shift improved accessibility by reducing appearance time – sometimes from hours to minutes – but also raised concerns about fairness and technical challenges. While remote appearances are serviceable for most matters, it is more challenging to remotely assess witness credibility, conduct a full-blown trial or evidentiary hearing, and effectively argue more complicated matters. Many courts have since returned to in-person appearances where live testimony is being taken and longer argument is expected.
- Increased Use of Technology: Lawyers embraced tools like e-signatures, cloud-based document management, and virtual collaboration platforms, overcoming previous resistance to tech adoption. Prior to the pandemic, many lawyers resisted recognizing the validity of signing documents electronically and embracing the concept of a paperless office. This has changed. Conducting meetings and depositions via Zoom or similar platforms became commonplace and continue to be employed today.
- Remote Work: Law firms adopted flexible work arrangements, with many lawyers working from home. Prior to the pandemic, many lawyers could not work remotely and in-person work was the norm. This change reshaped firm culture and work-life balance. Firms reported mixed billing results when lawyers worked fully remote during the pandemic, an adverse impact on young associate development, and a longing for the days of in-person collaboration.
- Digital Client Interaction: Client meetings moved online, requiring lawyers to adapt their communication styles and build trust through virtual platforms.
- Focus on Cybersecurity: With sensitive information being shared online, law firms invested heavily in cybersecurity measures to protect client data and cybersecurity insurance to protect against intrusions.
- Rise of Alternative Dispute Resolution (ADR): Mediation and arbitration gained popularity as courts faced backlogs, offering quicker and more cost-effective solutions. As with other legal services, ADR became more accessible and cost effective through remote participation via video conference software.
- Shift in Practice Areas: Demand surged in areas like bankruptcy, employment law, and healthcare law, reflecting the pandemic’s economic and social impact.
- Diversity and Inclusion Initiatives: The pandemic highlighted systemic inequalities, prompting law firms to prioritize diversity and inclusion efforts.
- Wellness Programs: Recognizing the mental health toll of the pandemic, firms introduced wellness initiatives to support their employees.
- Hybrid Models for Legal Education and Bar Examinations: Law schools and bar exams adapted to online formats, influencing how future lawyers are trained and licensed. Law schools quickly adopted platforms like Zoom and Microsoft Teams for lectures, seminars, and even mock trials. Professors had to innovate and redesign courses to suit virtual delivery, while students adjusted to learning in remote environments. Some states have reverted to offering bar examinations for in person exclusively and some law school courses continue to be offered online.