The Atlanta Lawyer June/July 2020 Vol. 19, No. 1 | Page 27

MEMBERSHIP
Court of Appeals and Chief Justice
Harold D. Melton of the Supreme
Court of Georgia provided guidance
and insight as to practicing law in a
virtual world via the event held on
Zoom.
Acknowledging how the judiciary
and legal community as a whole has
responded to the challenges faced by
the novel coronavirus since March
of this year, the panel each touched
upon their general observations that
Zoom and other technologies have aided in adapting and improvising
to overcome newfound obstacles. While everyone has had to adjust
to today’s new normal, the panel reminded us that each person is
going through change and uncertainty and that we must each
continuously acknowledge the differing experiences that COVID-19
has brought. For instance, Judge Jackson became a kindergarten
teacher to her daughter in addition to the added administrative
needs of the DeKalb Superior Court. And while Justice Melton has
at times turned to work at home as a distraction from home work
like dishes and mowing the lawn, Judge Edlein has been able to slow
down and enjoy dinners with her family every evening.
Although the entirety of the panel discussion was insightful, here are
the 3 practice tips that all attorneys should know, especially in today’s
climate:
1. Communicate.
Prior to COVID-19, the Judge Brasher and Judge Jackson encouraged
attorneys to speak with colleagues or the Judge’s Staff Attorney before
appearing before a respective Judge for the first time to determine
how said Judge runs their courtroom, etc.
Now with COVID-19 rampant, it is essential to communicate with
the Court to confirm all parties are comfortable and/or able to appear
if in-person appearance is required and to ensure the Court can
accommodate the appearance. Prior to closing to all non-essential
in-person proceedings in DeKalb County through the month of
July, Judge Jackson expressed that the courthouse would not have 2
matters taking place on the same floor at the same time in efforts to
limit contact and ensure social distancing and necessary protective
measures for litigants. Because of such restraints and others like lack
of childcare, it is ever important to stick to the time frames previously
announced to the Court.
Similarly, litigants can assist the Courts by communicating with
each other and preventing potential issues like the filing of an
unnecessary discovery dispute. Judge Edlein expressed that she has
seen less discovery disputes in her Court than previously because
of the professionalism of lawyers and their flexibility, allowing for
extensions of time frames beyond those normally imposed by
Georgia law. Similarly, Judge Doyle commented that an attorney
can maintain their reputation by communicating their needs for an
extension and sharing how tasks like discovery may be complicated
by the pandemic if, for instance, an office is closed, and the litigant
cannot obtain responsive documentation until it’s reopened.
2. Be Prepared.
While different from trial litigation, Justice Melton reflected that it
is essential for those in appellate practice to moot their cases and
prepare before lawyers who are in tune with the law to be pushed to
be able to anticipate the tough questions.
Within the same vein, Judge Brasher encouraged trial lawyers to
put time and effort into preparing their cases, including providing
parties documents prior to getting involved with them. Due to the
limited time constraints and now potential for technological glitches,
it is the best use of everyone’s time when all are prepared.
Preparation includes the Judges, who confirmed they read the
pleadings and often become annoyed if a party requests oral argument
but solely regurgitates the contents of their brief. The Court’s time is
limited and should be used as wisely as possible.
3. Push Forward.
Judge Brasher noted that he has observed a significant self-selection
of attorneys who have been willing to participate virtually and have
done their best to move their cases forward, while a majority of
lawyers have used the Judicial Emergency to sit on their cases and
let time lapse. He forewarned those who have not worked diligently
throughout the pandemic will have a rude awakening when
reckoning comes and criminal cases will fill the dockets with little
time for civil cases to be heard.
Justice Melton acknowledged that while the first Emergency Order
was intended to freeze the judiciary and focus on the baseline and
critical functions to keep society civil, the first extension of the Order
urged lawyers to press forward and directed the Judges to hear the
litigants and their circumstances in determining next steps. With the
new norms of technology and the ability to conduct matters virtually,
there is scarce reason to sit on cases and create greater backlogs and
buildup within the Court system.
As Justice Melton reflected, the Judiciary functions to keep society
civil. Accordingly, we as lawyers must retain our professionalism
and help guide those among the legal process, however changing. In
order to do so, we must communicate truthfully and effectively with
each other, be prepared to the greatest extent possible.
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