Maryland Family Law Maryland family law opinions and commentary
Depositions that once lasted seven hours routinely span two or three hours to prevent Zoom fatigue, says Geoffrey S. Platnick, an attorney and equity shareholder at Shulman Rogers. (Submitted Photo)
In a post-pandemic world, Donna K. Rismiller will offer employees hybrid remote work, while Brian Pearlstein foresees Zoom meetings with clients.
“We’ll probably never go back to full time in the office,” said Rismiller, a principal at RLG Law.
While far from over, the coronavirus pandemic has altered how family law practitioners are beginning to look ahead at the future of their industry. COVID-19 shifted how practitioners conducted work, pushing meetings, hearings, and trials to video conferencing platforms like Zoom.
While the jury is still out on the overall long-term impact of the pandemic, one thing seems clear: Part-time remote work and video conferencing are here to stay.
Despite early fears, COVID-19 has proven that workers can stay productive within the confines of their homes –– in some cases more so than in the office, said Paul Reinstein, a family law attorney at Reinstein, Glackin & Herriott, LLC.
Most of Reinstein’s employees came into the office periodically during the pandemic, aside from two workers working seamlessly full-time from home, thanks to technology.
More importantly, these online arrangements benefit busy clients, allowing them to squeeze in meetings between work calls, at-home chores, or a car ride to the grocery store.
“Clients are getting more and more acclimated to having conferences by Zoom,” said Reinstein. “It’s so much easier than getting in the car and driving to the office.”
Using video conferencing platforms, attorneys can attend several scheduling conferences in multiple jurisdictions within a day versus two or three statewide pre-pandemic, says Donna K. Rismiller, a principal at RLG Law. (Submitted Photo)
Online scheduling conferences is another shift attorneys hope to keep in a post-pandemic world. Although courts have yet to rule on the matter, these setups enable clients to save money on attorney fees, which typically included travel and waiting time at the courthouse, said Pearlstein, a family law attorney at Brodsky Renehan Pearlstein & Bouquet.
During COVID-19, these conferences last 10 to 15 minutes, versus an hour or longer pre-pandemic, he added.
“They can put their money toward what really matters in the case rather than spending unnecessary dollars because the attorney is waiting in court,” Pearlstein said.
Amid the pandemic, virtual depositions ––which have become the norm –– are operating more efficiently than they once did, said Geoffrey S. Platnick, an attorney and equity shareholder at Shulman Rogers.
Depositions that once lasted seven hours routinely span two or three hours to prevent Zoom fatigue, Platnick said. Online evidentiary proceedings also require judges, practitioners, and clients alike to be more patient when it comes to technical difficulties.
Because the litigation process takes longer to complete than it did pre-pandemic, parties are also more willing and motivated to reach cooperative resolutions than they once were, he added.
“Too often in the past, family law litigants would get bogged down by the rhetoric and emotionality of
their situations and lose patience for one another; the pandemic has helped ease these tensions,” Platnick said. “Now, if we see a judge sitting in a kitchen or the opposing counsel has an Elmo doll on the bookshelf, we can’t help but be more tolerant.”
Using video conferencing platforms, attorneys can also attend several scheduling conferences in multiple jurisdictions within a day versus two or three statewide pre-pandemic. This setup enables practitioners to accumulate more clients outside of their home base, Rismiller said.
In the long term, remote video conferencing will promote a better work-life balance and allow attorneys –– particularly solo practitioners –– to check in on minor matters when on vacation without needing to reschedule.
“While it’s a slight disruption in their time off, it’s a greater disruption if they had to have a continuance of the matter if they aren’t available,” Pearlstein said.
“Clients are getting more and more acclimated to having conferences by Zoom,” says Paul Reinstein, a family law attorney at Reinstein, Glackin & Herriott, LLC. “It’s so much easier than getting in the car and driving to the office.” (Submitted Photo)
While attorneys cite the benefits of virtual scheduling conferences, many also say they miss the camaraderie and atmosphere associated with in-person trials.
In court, Carlos Lastra regularly conversed with colleagues and observed how the judge handled matters –– an indicator of how they might rule in his own cases.
“With Zoom calls, you’re not being afforded that ability to make those observations,” said Lastra, a co-chair at Paley Rothman’s family law practice.
Multi-day trials involving cross-examination are also difficult over video conferencing, Pearlstein added.
Although video conferencing hearings generally promote cost-saving for clients, Lasta warns of potential added fees associated with hiring someone to present evidence or exhibits.
While the pandemic forced family law attorneys to reassess court procedures, it also provided a chance to reconnect with employees and start new traditions.
Rismiller, for example, recently began conducting polls and weekly check-ins to gauge employee morale and reflect on lessons learned. She plans to retain this custom in the foreseeable future.
“We’ve tried to find ways to stay connected, even though we’re not all together,” she said.
