Originally posted on 5/5/2020 (reformatted).

None of us could have anticipated the windfall of problems that came with the onset of the COVID-19 pandemic. Industry and society as we know it has been flipped upside down- and the view is not pretty. With necessary social distancing mandates in place and limits to court access apart from minimal exceptions, we are finding ourselves in uncharted territory in our practice of law, or rather our inability to practice law. The widespread slowdown could have been avoided, or at least minimized, had we been taking advantage of available technology before the fact. This is not an issue exclusive to the legal world, as countless industries alongside ours are scrambling to equip themselves with tools to continue conducting business remotely. The question becomes, what are we, as young attorneys and future leaders of our community, going to do about it? I have a few thoughts.  

    As we are all aware, the community’s need for access to the legal system does not stop with an order to stay at home or courts closing their doors to non-essential matters. The services provided by the court system are essential as they directly, and often intimately, impact the lives of those involved. The fact that most cases have now come to a standstill, awaiting rescheduling once the stay at home order is lifted, is concerning for many of us and our clients. Life has not stopped, and an inability to attain court dispositions is only adding to the hardships of those who turned to the courts for help. Now, it should not go unacknowledged that the high courts, some local courts and communities are doing their best to leverage technology to help alleviate the fallout and provide access to the legal system remotely. However, as I am learning firsthand, working at a firm that embraces technology can only go so far to keep things moving when faced with courts and colleagues not equipped to do the same. Therefore, technology initiatives must be emphasized and used as examples to build on because when this is all over, the consequences will remain, and the legal system will need sustainable support and resources to get back on track.         

    It is easy to get bogged down in focusing on what could have been or should have been done to have avoided this but, instead of concentrating on the negatives, it is our responsibility to take this opportunity to focus the legal community on committing to growing and developing the technological infrastructure of our firms and our courts. We can become leaders in innovating remote access as a means to continue conducting business and pursuing justice.  We need to take initiative now. The legal community cannot shirk away from technology. It is time for us all to embrace the advancements we can achieve by implementing the tools offered by our modern-day world. 

    These are the changes that need to be made: First and foremost, the time for uniform implementation of e-filing is now. Second, all courts statewide must work to improve their websites and include access to updated information, forms, and a free and easily accessible register of actions (one that provides attorneys of record digital access to filed documents would be a game changer). Third, we need to expand our use of virtual courtrooms. The technology is available but only used in a limited capacity. It needs to be available to all. For example, simple matters that involve scheduling or updating the court on the status of a case should be handled remotely, with the judicial attorney through video or telephone without necessitating a time-consuming trip to the courthouse. For firms, utilizing video conferencing would also be conveniently advantageous for consultations, mediations, negotiations- the possibilities are endless. Additionally, switching to a paperless office would not only ensure that attorneys and staff have access to full digital files remotely but also nicely complement widespread e-filing and prove to save a few trees in the process. There are an abundance of great apps and online services that provide help to digitize office processes that can make us more efficient and accessible. Hiding from technology would be a great disservice to the people and communities we serve.

    I know none of this is going to change overnight but it is our responsibility to keep the momentum going while everyone is thinking about it. We need to act. Whatever costs and growing pains that are sure to come along will be well worth it especially in ensuring that we can maintain our community’s access to the legal system even when physical access is not possible. With all of us finding a little more time on our hands we can research ways to harness technology, reach out to administrators at firms and courts who are already implementing such tools, and draft up proposals of how to effectuate these much-needed changes. We have a responsibility to keep our cases moving forward and doing everything in our power to help settle matters to alleviate the court’s backlog once it reopens. Together, we will get through this and with effort and ingenuity the legal community will come out stronger on the other side.  

Miriam M. Saffo

Nichols, Sacks, Slank, Sendelbach,

Buiteweg & Solomon, P.C.

Ann Arbor  

Nsssb.com