Technology

Is The Pandemic Ushering In A New Normal For The Legal Profession?

The experts have some thoughts on the subject.

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In March, our world was unexpectedly turned upside down when the pandemic hit, and the world as we knew it is now a thing of the past. COVID-19 has touched nearly all aspects of our lives, from our social gatherings (or lack thereof) and how we shop to where we work and how we use technology to get work done. How many of these changes are merely temporary, and how many are permanent, remains to be seen.

The legal profession has not been immune from this new world order. The majority of lawyers are working remotely at least some of the time, and many large and mid-sized firms have announced that work-from-home policies are in place until at least the end of the year.

As a result, remote working tools are being used more often than ever before. Courts are conducting jury trials and hearings via videoconferencing. Lawyers are using cloud-based legal software for document management, e-signatures, billing, invoicing, payment processing, communication and collaboration with clients and colleagues, and much more. Because of COVID-19, the legal profession is rapidly adapting to technology at rates never before seen.

Remote Working Becomes The Norm

This trend is borne out by findings from the most recent survey on the impact of COVID-19 on the legal profession conducted by MyCase (note that I am the legal technology evangelist with MyCase). As part of the survey, respondents shared some of the new procedures and technologies that their firms had implemented in response to the pandemic:

“Contactless service. Clients need not travel to our office, and can do everything remotely.” -Alan, DC Metro Immigration

“Offering remote consultations to our clients.” -Deborah, Pittsburgh Family Law Services, PC

“We have all staff working at home, all client meetings are virtual, using online signatures and notarization. We’re making it as easy as possible for clients.” -Michelle, Howser & Associates

Remote working and the technology that supports it have become the “new normal” for law firms. Now that lawyers have gotten used to using these tools, they’ve begun to realize — and appreciate — the many benefits that they offer, including increased convenience, flexibility, and cost-effectiveness.

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Is This A Lasting Trend? One Survey Says: Yes!

This newfound technology adoption by lawyers begs the question: Is the pandemic permanently changing our profession? The answer, according to the results of a number of recent surveys and the opinions of experts, is a resounding “yes.”

For example, there’s the recent poll conducted during an Association of Legal Administrators webinar. The legal administrators surveyed overwhelmingly believed that many of the effects of COVID-19 on the way that law firms operated and conducted business were not temporary and would have a long-term impact.

Notably, as explained by my fellow Above the Law legal technology columnist, Bob Ambrogi, the poll results showed that of the legal administrators who responded to the poll:

91% believe the changes in working practices brought about by the pandemic, including more remote working, are permanent.

Three-quarters of them believe that the current situation will accelerate law firms’ plans to change their back-office services structure.

And 74% either agree or strongly agree that COVID-19 has made their staff more willing to change their working practices.

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The Experts Weigh In

But what about the experts? Do they think the changes wrought by the pandemic will be temporary or permanent? According to experts interviewed for a recent ABA Journal article, many of the changes are expected to be long lasting — in some cases, permanent.

For example, videoconferencing is widely believed to be one of the COVID-19 trends that will be most likely to stick once the pandemic is over. Lawyers have adopted to Zoom like fish take to water, in part because the convenience and cost savings of videoconferencing are highly appealing. That’s why, according to Texas Supreme Court Chief Justice Nathan L. Hecht, videoconferencing is here to stay:

Hecht, who is also president of the Conference of Chief Justices, expresses confidence videostreaming technology will be used in Texas courts even after the current pandemic. He predicts other states will likely do the same because of the benefits the technology provides lawyers and court personnel who live in geographically large states or rural areas.

Similarly, remote working and the tools needed to facilitate it aren’t going anywhere either. One law firm shareholder explained that as the profession becomes increasingly accustomed to remote meetings, the resistance to this concept will fade, since remote working tools make it possible for lawyers to get work done from any location, even in the face of uncertainty:

Scott A. Forman, a Miami-based Littler shareholder, says he expects remote litigation will continue beyond COVID-19. “I anticipate that folks who were resistant to remote meetings and feeling that everything needed to be in person, including depositions, that that resistance will dissipate as time goes on and people get used to this new normal,” Forman says…Tools that make it easy for lawyers at a firm to collaborate while working from home also have gained traction.

Similarly, cloud-based software has continued to gain traction as a result of the pandemic, since it makes secure and streamlined remote working possible. Law firms that were already in the cloud were able to easily transition to remote work when the pandemic hit, while many firms using premises-based software were forced to begin the transition to cloud-based software so that their employees could securely communicate and collaborate. As one law firm partner explained, moving to the cloud is no longer an option — it’s a necessity:

Michael Moradzadeh, founding partner and CEO of Rimon Law, says “it’s reckless in some ways” for a law firm not to be cloud-based in a climate where remote working is essential… “I think this painful experience will push a lot of people to ask, ‘Why aren’t we in the cloud?’” says Moradzadeh, who is based in Silicon Valley. “The argument that it is not secure is just outdated at this point.”

Last, but not least, there’s one final piece of evidence that remote working will be the norm post-pandemic. Not only is remote working easily accomplished using cloud computing software, it also saves money. After all, real estate is one of the highest overhead costs firms face — and the fewer employees working in the office, the less space a firm needs. Kent Zimmermann, a consultant at Zeughauser Group who advises law firm leaders, emphasized that the potential cost savings resulting from a larger remote workforce post-pandemic is a very enticing inducement for many law firms:

Zimmermann … has spoken to several law firm managing partners and chairs who say they think their firms will occupy less real estate moving forward, perhaps materially less. “There was already some movement in that direction, but I think this will accelerate momentum toward less big corner offices [and] more flexible arrangements in more firms for more people,” Zimmermann says.

So are the short-term changes embraced by law firms because of the pandemic here for the long haul? According to the experts, all signs point to yes. I happen to agree with them. Of course, only time will tell if we’re right. What do you think? Do you agree?

Nicole Black is a Rochester, New York attorney and Director of Business and Community Relations at MyCase, web-based law practice management software. She’s been blogging since 2005, has written a weekly column for the Daily Record since 2007, is the author of Cloud Computing for Lawyers, co-authors Social Media for Lawyers: the Next Frontier, and co-authors Criminal Law in New York. She’s easily distracted by the potential of bright and shiny tech gadgets, along with good food and wine. You can follow her on Twitter at @nikiblack and she can be reached at niki.black@mycase.com.

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