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I don’t know what you’re doing with whatever free time you have while being at home. Some states have loosened restrictions, some have adopted some loosening. California is very slowly loosening some restrictions, with some counties letting go of all restrictions due to their rural nature (the state is not all SF and LA). What have I been doing? I’m watching a bunch of CLE programs, offered by law firms and CLE providers either at little or no cost. Free is always good, and even though I just reported my CLE hours in January, there’s nothing wrong with getting started on the next tranche of CLE requirements.
The courses I’ve watched have been varied, all with the consistent thread of the COVID-19 impact on the law, law practice, and society in general. However, what has been different is that in at least two of the courses, they have concluded with pleas for civility (say what?).
I was surprised, as it was like actors breaking the fourth wall. The pleas are not something I’ve heard in CLE courses before. They are earnest pleas by two longtime practitioners (one a former judge) who understand well the “ants in the pants” reaction to either restart or start civil matters, but there will be the need to chill, most likely for an indefinite period of time.
When the courthouse doors are unlocked, and there will be different timeframes probably by state and even by county and perhaps by districts within counties, my nightmare, which I am sure is shared by others, is that the scene will be similar to the running of the bulls in Pamplona, Spain. That annual event, originally scheduled for this July, has been canceled. No one wants to get trampled to death in the race to the courthouse steps.
A stampede by lawyers to file complaints (what about e-filing?), defense lawyers to file motions for summary judgment, and both sides to file contentious discovery dispute motions would not be pretty.
We need to simmer down. We know that civil cases will be at the bottom of the pile, at least for the foreseeable future. We know that criminal, juvenile, and certain other kinds of cases always take priority, as well they should. They always have and they always will. We know that judges will be even more stressed than they already are, giving already bulging dockets — and now more being piled on. Frayed judicial tempers may be more on display than ever before. No one has more than 24 hours in one day.
One retired judge mentioned that her former court is training civil judges to do criminal work. Whether they signed up for that or not is of no matter; that’s where attention will be paid for some time to come.
The whole concept of “in your face” between attorneys is, I hope, a thing of the past. Between face masks and required social distancing, perhaps the pettiness and downright unpleasant behavior exhibited by some attorneys will be extinct. Have you ever tried hollering into a face mask? The hot air expended would probably not be healthy. Have you ever yelled at someone six feet away? How can you be sure that the object of your wrath can even hear you at that distance?
Add to all this upheaval in the courts is what’s happening in Biglaw firms. Yes, I know most lawyers don’t practice in that environment, and sympathy for those in Biglaw may well be in short supply right now. However, especially for the newbies, who had expected upward trajectories in their careers, what has happened recently is definitely a shock to their systems and to the profession as a whole.
For those of us with still some memory, lots of kids (and I say “kids,” because I mean that literally) went to law school in the mid-oughts, and graduated into what had been, up to that point, the worst economy since the Great Depression. It was horrible for these newbie graduates, trying to find jobs, any jobs, even of the nonlawyer variety. Some of them have never had the careers, let alone the opportunities, that they thought they would.
And what happens to efforts, some better than others, to diversify the face of the profession? Some firms have been very earnest in their efforts, some more successful than others, but still a long way to go. What happens now? Rereading this post about the pandemic’s effect on law students is a sobering reminder that today’s law students have already been through tough times, seeing their family members lose livelihoods and homes in the Great Recession. I used to think that the Great Recession should have been called a depression, but what is happening today puts 2008 in the dumper.
I think the profession will eventually come out of this, chastened by our experiences. It’s going to be all about “doing more with less.” It will be on a strict diet, shedding overhead, unnecessary expenses (bye-bye closing dinners) and other things that used to compose a “good life” at Biglaw. Those who are in solos and small firms are used to belt-tightening whenever the need has arisen.
To those who read ATL and are considering law school to ride out the pandemic wave, please read Jordan Rothman’s post and take it to heart. Many lawyers went to law school during the Great Recession because they didn’t know what else to do and have lived to regret their career choices. The job market for lawyers, as bad as it was then, may well be worse in three or four years, given the quantum leaps in technology. It’s not a pretty picture but it may well be the new reality. What I do know is that pleas for civility, while nothing new, take on an even more urgent tone now.
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.