Covid-19 (photo by David Lat)
I can’t believe that it’s September already, and we’re in yet another month of “safer at home,” social distancing, masking, working from home, and all the other ways that the virus has impacted our careers and our lives. It will continue to do so until there’s a vaccine or something available that will help us get to whatever “normal” looks like in a post-pandemic world. Whatever is it, it probably won’t look much like life was before. All the things we took for granted are out of our reach, at least for the foreseeable future.
And the future is not foreseeable. Courts ask for trial time estimates, and we give them, but fingers are crossed with an attitude of “please don’t hold me to this” because anything can happen in trial.
I understand the frustration of everyone, especially the young’uns for whom life is just beginning. To come up against the COVID-19 brick wall is galling. And yet there’s nothing we can do about it.
I don’t understand why law students (and college students) are so cavalier about partying, social distancing, and the other guidelines set forth to protect peeps from the disease. You can read David Lat’s columns on ATL about his battle with the virus, and how he is still recovering. I can tell you about two friends in New York City, one of whom almost died, and the other, her husband, was equally ill, but in different ways. I’m sure that many, if not all, of you can share similar stories of illness or even death.
So, when I read about law students partying in defiance of the deadliness of this disease, I want to shout out “What The F—Are You Doing?” If travel wasn’t discouraged, it would almost be worth a trip to Oklahoma (I’ve never been there) to shake some sense into these students. But maybe I should start with the administration and its cavalier attitude about who gets to know and who doesn’t. Although the party was thrown by a 1L, the law school only notified the 1Ls who attended. Isn’t it possible that there were 2Ls, 3Ls, even graduates, and even (surprise surprise) non-Ls? Of course, we know that Ls only like to socialize with other Ls; that’s part of the reason why we have achieved our dubious arrogant reputation.
Where’s the harm in “overcommunicating?” What’s the downside in sharing the news far and wide? How could the Oklahoma administration have made the assumptions it did? It couldn’t.
I understand the feelings of being cheated out of experiences that used to be considered normal, and partying was one of them. There’s nothing like a good party, especially after finals. Also vital is the interaction among students, whether college or law school, and so is the academic life that being on campus provides. I get it.
So, even though social distancing, wearing a mask, and other recommended procedures to prevent the spread of COVID-19 do not have the force of law (to the dismay of some and the delight of others), I wonder whether the disregard shown for these measures would ever factor into the character and fitness evaluation needed for bar admission. Don’t laugh; it’s entirely possible that in the future, questions related to conduct during COVID-19 could show up on the questionnaire. Yes, I know it sounds farfetched now (e.g., now what have I been smoking, drinking, or both?), but we all know that the NCBE marches to its own out-of-step drummer. Even if moral fitness and character don’t trip up admission, reputation is all we have and that follows us during our entire career.
What troubles me about this is the lack of judgment shown by this IL who hosted the party. We dinosaurs do complain about the lack of maturity that some new lawyers have, and this is a classic example of that. Would you want your new associate to demonstrate such a lack of judgment in working with a client? Yes, I know that in Biglaw working with a client does not happen out of the gate, but in most firms, newbies must have some sense of judgment, some sense of responsibility from the get-go. Otherwise, how will they succeed in a practice that is as difficult as ours?
Contrast the Oklahoma response with the concerns expressed by the University of Notre Dame law school dean, G. Marcus Cole, who learned of a planned party that was to be maskless. He warned the students in an email sent law school-wide both about the virus and concerns for their professional reputations. Cole noted that the students’ behavior in law school now will begin to establish their professional reputations.
Just as lawyers, law firms, and the courts have had to make radical adjustments in how they practice and how they operate while maintaining health standards necessary to keep everyone safe, law students need to have more than a clue about what’s happening in the world.
For everyone in the practice, it’s a time to get used to a new normal, one that none of us wanted. When the ball dropped at midnight in Times Square ushering in this dreadful year, no one could have predicted what has happened.
This situation brings out the best (and the worst) in peeps. Moral character? Judgment? Reckless disregard? Think about these things before anyone invites you to a maskless, crowded, no-social-distancing party, or even out to dinner, especially over this upcoming Labor Day weekend. And if those are not enough, then read LA Times sport columnist Bill Plaschke’s encounter with the virus and the things that nobody tells you. Do not overestimate the world.
Jill Switzer has been an active member of the State Bar of California for over 40 years. She remembers practicing law in a kinder, gentler time. She’s had a diverse legal career, including stints as a deputy district attorney, a solo practice, and several senior in-house gigs. She now mediates full-time, which gives her the opportunity to see dinosaurs, millennials, and those in-between interact — it’s not always civil. You can reach her by email at oldladylawyer@gmail.com.