It has been more than two months since COVID-19 (the “Coronavirus”) started shutting down businesses and courts across North America. The number of deaths is alarming, the stock markets are volatile (to say the least!), and many businesses – both large and small – are struggling since a pandemic was not factored into their operational plans.
The sliver of good news for family lawyers is that about half of survey respondents had started to see an increase in people calling to inquire or start the divorce process by the end of April, and that number is predicted to soar after social isolation ends.
Other lawyers have noticed a flare-up in custody cases, with current or former clients urgently asking to reopen cases to change the parenting arrangements when they believe their co-parent is putting their children’s lives at risk.
Harrisburg family lawyer Maria Cognetti, the co-creator of the premier national conference on complex child custody issues, is now seeing frequent disputes related to COVID-19 in cases where the child goes back and forth between the co-parents’ homes. “Invariably, each parent has their own idea about what we have been told to do,” she says. “Some interpret it as ‘keep the child inside.’ Some interpret it as ‘keep the child six feet away from others.’ Some, interestingly, wish to interpret it as, ‘the rules don’t count because I am only exposing our child to relatives.’ So many parents believe that what they are doing is right and what the other parent is doing is wrong,” she continues. “It is understandable that the ‘rules’ are being interpreted in many ways. It is also understandable that many parents – especially moms – are pretty freaked out about the virus.”
Although the pandemic was not on most lawyers’ radars (only 57% of respondents claim to have been prepared for this type of disaster), the fact that most firms had started moving towards cloud computing well before they had ever heard of COVID -19 meant that they were able to start working from home and collaborating with colleagues without excessive downtime.
All respondents are already thinking of what changes they need to make so they can hit the ground running when the pandemic is over – from updating or rebuilding their websites (60%) to offering video conferencing (50%) to increasing their social media presence (38%). (Note: respondents could choose more than one option for some questions.)
Video conferencing has become a lifeline for many these days; according to our family law respondents, the four most popular services for virtual meetings are Zoom (93%), Microsoft Teams (26.2%), FaceTime(19%), and GoToMeeting (14%).
COVID-19 and Your Family Law Practice: Survey Results
Family lawyer Barry J. Dalnekoff provided pithy advice for running a law firm during a pandemic: “Stay calm, stay connected, stay safe, and stay home.”
Here’s what you had to say about how COVID-19 is affecting your family law practice.
Did You Have a Strategic Operating Plan for Disasters and Pandemics?
Did your firm have a strategic operating plan and protocols that were triggered by the pandemic? Survey respondents seem to agree that the key to a smooth transition from office to home depending on already using cloud computing. Here’s what they said.
We are in “tornado alley” so we deal with weather-related issues. We have a call procedure as well as sheltering plans in house.
– Lindsey Mussleman Davis, Family Lawyer and Mediator
I am a solo practitioner, so I could easily transition to working from home. I already have my files electronically.
– Rachel K. Samek, Family Lawyer and Mediator
We all have worked from home in the past, have our files in the cloud, and have VoIP for our phones so it was a seamless transition.
– Karen Ann Ulmer, Family Lawyer and Mediator
We have been working in the cloud for years and our faxes are received and sent through email. We can switch phones home and work from there. Files are available largely electronically.
– Carolyn Daly, Family Lawyer, Mediator, and Parent Coordinator
We immediately shifted to Zoom video conferences rather than in-person meetings with clients. Forms that need to be notarized can be handled via video observation of the signature. The only wrinkle is that the NY Courts have shut down all in-person activities except for certain emergencies, and are no longer accepting any paper submissions – while some judges are still requiring paper working copies in electronically submitted filings. Hopefully, that will be resolved soon.
– Kristen Prata Browde, Family Lawyer
The firm was set up to support work from home (WFH), but not many had taken the time to get set up and confirm everything worked, etc. The process, once we were required to WFH took some time, but was in place in a matter of days.
– Cameron Fleury, Family Lawyer, Mediator, and Arbitrator
I work from home and my paralegal has had the ability to work from home for years, so we were prepared to “close” our office to the public. I have the ability to forward my phones as well just for emergencies like this, so I was prepared and my plan implemented smoothly.
– Paul J. Sweeney, Family Lawyer
Remote work ability, preparation to take over others’ work without interruption, team approach that allows maximum flexibility.
– Alethea Rebman, Family Lawyer and Mediator
We have always been set up to work remotely.
– Dana L. Reynolds, Family Lawyer
My office is virtual so I was prepared to work remotely.
– John Macdonald, Family Lawyer
We have offsite computer backup; all can work remotely.
– Patricia S. Fernandez, Family Lawyer
What is Your Best Advice for Running a Family Law Practice Remotely During the COVID-19 Pandemic?
Always run your office as if some disaster has occurred; that way you won’t be taken by surprise when it really happens.
– Allecia Lindsey Pottinger, Family Lawyer and Mediator
Be flexible. Communicate clearly and consistently with clients and potential clients. Be very willing to learn and apply new procedures quickly. Repeat “It’s a new world” pretty much every day, and take that to heart.
– Annette T. Burns, Family Lawyer
Create a new normal and act as though it has always been that way.
– Carolyn Walsh Parry, Family Lawyer
Have daily check-ins with your team. It will keep everyone focused and on task.
– Stephanie Jones, Family Lawyer
Check-in regularly with your staff to make sure that they are feeling well and comfortable with their workload. Schedule video conference with all staff members multiple times a week, so that everyone is on the same page. Now is a great time to work on projects that you have wanted to complete but have not had the time to do. Stay compassionate and positive. Prepare for the boom at the end of this, because it’s coming.
– Angel Foster, Family Lawyer
I’ve been running my practice virtually since 2015. As long as your files are on the cloud and you have the right systems in place, you do not need to physically be in an office. The tools that have helped me the most are MyCase, Zoom, Acuity, and VickyVirtual (my virtual receptionist). I can do everything I need to do to run my practice from anywhere in the world with these tools.
– Joleena Louis, Family Lawyer
Stay on top of breaking news concerning the courts’ status of limited functioning, news regarding financial help for clients during the pandemic, and news regarding executive orders on social distancing. Be in a position to offer your clients sound advice on being confined with his/her spouse/significant other and child(ren) during the pandemic. Also, be prepared to answer challenging questions concerning custody, parental access, and child support for which there is no precedent because this pandemic is uncharted territory for all of us.
– Alla Kurolapnik, Family Lawyer and Mediator
Take it one day at a time and try not to dwell on the pandemic. Utilize any downtime to learn how to use new tools or apps for business (such as Excel or features of existing programs that are under-utilized), catch up on CLEs, and most importantly, keep to a schedule.
– Karen Ann Ulmer, Family Lawyer
Stay calm. There is technology out there that will allow you to continue to serve clients and increase your business.
– Sheryl Dennis, Family Lawyer, Mediator, Arbitrator, and Parent Coordinator
Stay calm, ensure the phones are answered quickly, and respond to emails promptly to ensure continuity of business operations.
– Dana L. Reynolds, Family Lawyer
I use more Zoom and Conference calls, but since I have had a home office since 1989, not much has been affected.
– Jeffrey L. Pollock, Family Lawyer
Don’t slack off because business is slow: stay on top of emails and phone calls, and be immediately responsive to your clients, as they are especially worried now that the courts are closed and they cannot seek judicial relief. Mediating agreements is critical right now.
– Paul J. Sweeney, Family Lawyer
First, let your clients know that you are still working for them and how they can reach out to you. Second, remember that each member of your staff is handling the virus in their own ways. Be very patient of any staff who are extremely concerned about the virus and make sure you do the best you can to assist in allaying their fears. Remember you are a team and every member of the team is vitally important; especially now.
– Maria Cognetti, Family Lawyer
Call pending client cases to check on their health and needs, and note my availability, if needed.
– Ronald C. Davies, Family, Estate, and Elder Lawyer
Use a good collaboration tool and write down and assign everything that has to be done, religiously.
– Sandra Burt, Family Lawyer
Stay organized and be consistent. Create a new routine. I find I have been making better use of my time when I dedicate certain hours (i.e., 9:00 a.m. – 5:00 p.m.) every day to complete my work, even if on some days it is more difficult to find work to fill my day, I force myself to maintain my focus until my dedicated work period is complete. I find using a space to work from home that is clutter-free and comparable to your space in the office makes it easier to maintain focus and motivation. Ensure you have a proper connection to a wifi network and troubleshoot your remote server to ensure it is working prior to scheduling client meetings via video conferencing.
– Ida Mirzadeh, Family Lawyer
Maintain a schedule, respond to clients in a timely fashion, offer video chat and phone conferences.
– Elizabeth Billies, Family Lawyer
Get set up and test your systems before you need them.
– Cameron Fleury, Family Lawyer, Mediator, and Arbitrator
Apply for a PPP loan.
– Patricia S. Fernandez, Family Lawyer
Put your office in the cloud.
– Carolyn Daly, Family Lawyer, Mediator, and Parent Coordinator/em>
Pray it’s over soon.
– Rebecca Burr, Family Lawyer
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