HIGHLIGHT CORNER
We ’ re in This Together
BRIDGET A . BERRY
While the professional challenges of the COVID-19 environment are daunting , recent conversations with Federal and State Court judges and colleagues suggest that this is an opportunity to evolve and shine . Consider the following suggestions :
First , take care of yourself and your family .
• While Judges are committed to moving the cases forward , they are sympathetic to health concerns and family demands , and are working with attorneys to resolve conflicts .
• Reach out to colleagues and friends . Now more than ever professionalism and collegiality are key to survival and success .
• Continue to strive for full-life balance . Make time for yourself .
Be mindful of challenges that others may be facing .
• Err on the side of respect and patience . Do not lose sight of the fact that Judges , attorneys , parties , court staff , office staff , vendors and others may be struggling .
Be all the more respectful of the Court ’ s time .
• The mandate , both in Federal and State court , is to go forward to serve the citizens of this County and State . Attorneys are privileged to be able to continue to represent our clients zealously , albeit remotely .
• Read current Administrative Orders and Court and Clerk instructions . Read your Judge ’ s Divisional Instructions .
• Look for updates . The State Court and Clerk ’ s office continue to work diligently to improve the process , and it is critical for attorneys to stay up to
date . For example , the Court / Clerk ’ s office are working on a portal for the submission of evidence and expect it to be operational soon .
• Diligently comply with Southern District Local Rule 7 and 15th Circuit Local Rule 4 . Email is not enough . Ideally , confer by Zoom or Blue Jeans or another platform that allows you to virtually “ meet ” and confer .
• The presumption is that depositions will go forward remotely absent a well-articulated specific reason for postponement . Work together to resolve any concerns . For example , it may be appropriate to have everyone , including attorneys , on camera , or to use a wide-lens camera to show the entire room from which the witness is testifying , or the parties may agree that the witness will appear at the Court Reporters office , but all attorneys must appear only remotely .
• Talk to opposing counsel . Talk to your client . Establish clear protocols and expectations . Avoid technological glitches . Check internet connections and upgrade if necessary to avoid delays and interruptions . Be sure that the attorneys , the court reporter and the witness can be seen and heard . If you are representing the witness , consider a test run .
• Any Court-set hearing has the Zoom information on it ; be sure anyone who is attending has the information ( and the link ).
• Plan ahead . Make prior arrangements for any required sequestration of witnesses . Be sure that any documents to be “ shared ” are already uploaded .
• Keep in mind that Zoom hearings are open to the public . You may not be able to identify all participants on a Zoom hearing . If there are any confidentiality concerns , be sure to address those in advance of the hearing .
• Consider a “ belt and suspenders ” approach . Be prepared to “ share ” by Zoom , but also send hard copies over to the Court and to opposing counsel .
• For evidentiary hearings , consider sending not only the required stamped exhibits for the Clerk , but also a working binder of exhibits for the Judge with a copy to opposing counsel .
Stay connected .
• Join the Bar Buddies mentoring Program .
• Keep in mind that newer attorneys may have greater comfort and skills with technology and virtual presentations and therefor unique opportunities to mentor colleagues .
• Participate actively in Bar and community organizations and events .
Be proactive ; think ahead .
• Once jury trials resume , it is likely that the Court will have to shift its resources to addressing the backlog in trials . Think about getting your case ready for trial and having all pretrial motions resolved before the end of the year . If there are a number of pending motions , consider a case management conference .
• In the appropriate case , consider the appointment of a special magistrate , or the potential benefits of a mock trial .
• Zoom is here to stay . Judges , attorneys , and litigants are realizing the benefits and efficiencies of reducing travel , scheduling conflicts , and fees and costs . Anticipate permanent rule changes allowing more proceedings to be conducted remotely going forward . Embrace these changes and incorporate them into your business model .
The good news .
• Judges have reported that there has been no loss of effectiveness in advocacy as a result of the remote platform . To the contrary , judges have observed less gamesmanship , and more succinct and focused argument , together with increased collegiality and collaboration .
• The remote platform provides opportunity to less experienced attorneys , paralegals and legal assistants to listen in and learn from proceedings . Even better , many judges are allowing both a newer attorney , and then , if desired , also another attorney to present argument on behalf of a party . Because travel and related costs and time investment are eliminated with remote hearings , this is an excellent opportunity for newer attorneys to gain experience .
While we may have different challenges and resources , and feel the impact differently , we are all in this together and our success depends on the health , wellness and success of each of us . The Judicial Relations Committee is here to serve as a liaison between the Bar and the Judiciary , to plan , implement and coordinate programs for better relations between the Bench and Bar . The 15th Judicial Circuit is blessed with a skilled and engaged Bench , and our Bench is listening . Please reach out to the JRC co-chairs with any questions , ideas or suggestions you may have . Bridget Berry , Greenberg Traurig , 561-650-7912 ; Roger Feicht , Gunster , 561-650-0729 .
PBCBA BAR BULLETIN 21