PRACTICE
COVID , Zoom and remote work : The law will never be the same
By DAMIAN MALLARD , Esq . Mallard Law Firm . P . A .
As we get closer ( hopefully ) to the end of the COVID-19 pandemic , I have reflected on the way we do business as well as the changes in the law . As we all have heard , “ the wheels of justice turn slowly .” How true that …. was . Having practiced for thirty years , I recall using typewriters in law offices as a baby lawyer . Then came stand-alone computers , then this thing called a “ computer network ” and the biggest advance ( until now ) the internet .
And then came the pandemic . First and foremost , I am grateful ( as I believe we all are ) that our profession could continue to operate . Our local judiciary was wonderful in making sure there was a way for legal proceedings to continue in a safe manner . For that , I think we are all grateful . But beyond that , we all had to adapt way more quickly than the law usually has throughout my legal life . For example , we were introduced to this thing called “ Zoom .” If you are old like me , prior to the pandemic , if you were asked by someone about Zoom , you would tell them it was a TV show on PBS ( all old folks sing it : “ come on and zoom , zoom , zoom-a zoom ”).
Damian Mallard , Esq . Mallard Law Firm . P . A .
Zoom has been a game changer . I can only speak as a trial lawyer , but I imagine its true in all areas of practice . Zoom has enabled us to have motions heard and even evidentiary hearings and trials with witnesses . It has allowed for depositions to continue , client meetings to occur and has saved untold expenses for clients . I have attended several town halls sponsored by our judiciary and am grateful that they ( to my understanding ) will allow Zoom attendance to continue when the pandemic has ended . As an attorney who has to pass on expenses directly to my clients , Zoom is a game changer in saving them money for expenses like travel costs , food , etc . for our cases around the state . It is also great for clients who can have meetings with our firm from the comfort of their own homes . Zoom , in sum , has been a game changer .
Many of us have also experienced working from home due to the pandemic . In my view , while it is less than ideal from a productivity standpoint , it did permit us to continue to work in the very early stages of the COVID crisis when we were all genuinely afraid of contracting this horrible virus and what it could do to us . We set up remote connections to the office , forwarded office phones to cell phones and continued business . Some people handled working at home very well . I did not . I think of home as my sanctuary away from the law and I could not accept the concept of allowing the world of law in which I live , and the regular / normal world to coexist . I found myself unable to concentrate like I could in the office setting . I often procrastinated . Others will never go back to the office . That is wonderful news if you and / or your employer agrees to that , and you can still be productive . Think of all the implications of working from home : less cars on the road , less greenhouse gas emissions and less accidents . But think of the loss of camaraderie that we have with our office co-workers . Lack of human contact was a big issue for many and remote working eliminates a lot of that often necessary element in our lives .
Someday , I am sure people much smarter than me will do research and psychological analysis of COVID and these issues , and I will be interested to read the results . In the meantime , I wish all of you happy Zooming and / or working from that home office !
CLERK
Continued from Page 15 compliance with the Rule may be slow to take effect .
The Rule in part states : “ In civil cases , the clerk of the Court shall not be required to designate and maintain information as confidential unless the filer follows the notice procedures …” Fla . Rule of Jud . Admin . 2.420 ( d )( 1 ) ( c ). The Court explained in its opinion , “… the Clerk of the Court does not have an independent responsibility to identify and designate information as confidential . Instead , that is the sole responsibility of the filer .” No . SC20- 1765 . This means if the confidential
CLERK ’ S CORNER
information and its location is not listed on the notice then it will not be redacted .
All filers , including attorneys and self-represented litigants , are required to : n File a Notice of Confidential Information in circuit civil , county civil , and small claims court cases when filing documents with confidential information . n Identify the type of confidential information that applies to the identified information . n Identify the precise location ( s ) of confidential information within the document . n The amended rule applies to small claims , circuit and county civil cases , except for Jimmy Ryce cases , cases stemming from sexual assault , and medical malpractice cases .
I
understand the significant impact the new Rule for you and your stakeholders . The Clerk ’ s Office is here for you should you or your staff have any questions regarding these changes . It ’ s imperative that we work together to ensure confidential information is protected .
Visit the Clerk ’ s website to learn more and watch an informational video provided by the FCCC on the new Rule .
THE DOCKET · JUNE 2021
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