This article was written by Carolyn Elefant<\/p>\n
A week or two before her high school graduation, my older daughter decided to go vegan.\u00a0 To accommodate my daughter\u2019s new eating regime, our family celebrated her graduation at a vegan restaurant which served up entrees like lasagna and chicken parmigiana by substituting nutritional yeast and soy proteins for cheese, eggs and meat. Yet despite the chef\u2019s best effort to replicate traditional fare, the celebratory lunch looked like a gloppy mess and tasted equally unsatisfying.<\/p>\n
Hoping to avoid a similar experience at my daughter\u2019s backyard graduation party later that weekend, I opted to try my hand at making the food myself instead of ordering from a vegan caterer.\u00a0 Instead of trying to make creamy or cheesy dishes with non-dairy ingredients (at that time, the smell of nutritional yeast still nauseated me), I prepared foods that didn\u2019t involve dairy to begin with \u2014 falafel, pasta salad, vegetable rice paper rolls and guacamole.\u00a0 And I invested in the best quality ingredients to increase my odds of producing an edible result.\u00a0 Ultimately, the spread was a success \u2013 all the food was gobbled up or taken home by guests. I\u2019ve even used the same menu in some form or another at other parties since \u2013 though my daughter has long since abandoned a strict vegan diet.<\/p>\n
I\u2019ve found myself thinking back on my brief experience with vegan cooking and eating now as many lawyers are attempting to use Zoom, the cloud and other online tools to replicate work and networking as we once engaged in those activities pre-pandemic. But for many, these tools fall flatter than the vegan faux-Italian meal that I suffered through years ago. After all, let\u2019s face it: drinking a beer alone at your desk illuminated by camera lights in your face while trying to get a word in edgewise at a 15-person virtual happy hour when your computer audio isn\u2019t delayed just isn\u2019t the same as laughing with the gang in person at a softly lit restaurant table or cheerful, comfy neighborhood bar. Asking staff or law clerks to check in daily from home by video can come across as intrusive or demanding whereas short in-person meetings in the office to hash over issues are somehow less intimidating.\u00a0 Arguing a case by telephone may be more efficient for sure, but lawyers also lose out on the ability to stare down the judge or shake hands with their adversaries at the conclusion of the argument.<\/p>\n
Still, my reservations about whether online tools can recreate the pre-pandemic experience doesn\u2019t mean that I believe for a second that we should stop using them.\u00a0 But instead of using tech to replicate our old experience, let\u2019s use it to ameliorate how things have always been done and create an improved experience.\u00a0 Here are some ideas:<\/p>\n
Instead of using Zoom for a standard happy hour, use it to interact with colleagues in ways that you never did before. For example, two weeks ago, I sponsored a Coffee + Court event on Zoom, inviting a dozen colleague to join together to listen to an en banc oral argument for an important case in our industry. I opened the call with a preview of the argument and hoped to discuss the results with my colleagues after the argument concluded. Unfortunately (and my bad), the call was hacked<\/a> \u00a0midway through \u2013 a problem that is easily cured next time with advanced security. But the idea itself made sense \u2013 Zoom offered a platform for my colleagues and I to discuss the argument in real time (something we couldn\u2019t have done in court IRL) and I\u2019m hoping to reschedule a similar call in the future.<\/p>\n Zoom can also support other types of recreational activities that you may have wanted to engage in with colleagues but never had the time.\u00a0 From online painting classes to writing thank you notes to cooking classes or watching a law-related movie together, video can help bring colleagues closer in ways that many might not have bothered with when we had the ability to leave the house.<\/p>\n When I realized that my summer law clerk would have to work remotely, I was worried because ordinarily, I\u2019ve gotten better results with my clerks who work onsite. There\u2019s something about the discipline of showing up at the office in business clothes and being able to sit down and review documents side by side that has improved the performance of those who work for me. But I\u2019ve realized that Zoom has advantages too.\u00a0 I can share screens and show my law clerk how to e-file a document, or we can review, markup and edit a document together. Sure, these tools were available before when people worked on site, but it seemed awkward to connect with employees by video when they sit just an office away.<\/p>\n As I\u2019m aware from my video interviews with 14 solo and small firm lawyers<\/a> , moving depositions to Zoom has presented a bit of a mixed bag. On the one hand, video depositions save travel time and discipline lawyers to compile documents in advance because they may need to be shipped to the witness beforehand.\u00a0 On the other hand, some lawyers bemoan the inability to eyeball witnesses and read their body language, while others are concerned that opposing counsel may be coaching the witness via a chat bot or text. All fair reminders that Zoom can\u2019t always duplicate pre-pandemic practice.<\/p>\n Still, there\u2019s one way that Zoom \u2013 for all of its potential drawbacks \u2013 could make litigation practice better: by eliminating the need for court reporters once and for all.\u00a0 Zoom enables lawyers to bypass the need for court reporters, since depositions can be recorded with a click of the button and then transcribed through AI tools like Otter.ai<\/a> \u00a0or Sonix.ai<\/a> . Using Zoom as a one-stop platform for depositions would thus allow lawyers to save on the enormous costs of transcripts in civil cases, which are a barrier for access to justice<\/a>. If that\u2019s not a huge improvement over the current system, I don\u2019t know what is.<\/p>\n With so many trials now on hold, many law firms have time on their hands, while many clients are anxious to settle. Though I would never suggest pressuring clients into a lowball settlement at this juncture, there are opportunities during pandemic to experiment with online mediation and alternative dispute resolution \u2013 particularly for cases already set to go for trial.\u00a0 Lawyers should work with opposing counsel as well as judges who may want to clear their dockets to explore unconventional ways of resolving cases \u2013 such as mini-trials or case presentations before mediators.\u00a0 The data gathered could be used to inform development of new processes going forward.<\/p>\n Online hearings are another substitution that enhance the practice of law.\u00a0 Instead of trapping lawyers in a room for hours to await a status call, lawyers can handle scheduling conferences from their desks and save on travel and waiting time \u2013 which reduces costs to clients.\u00a0 Many scheduling conferences don\u2019t even require in person interaction, so moving conferences online doesn\u2019t impair quality, but offers only net benefits.<\/p>\n\u00a0\u2022 Zoom for Law Clerks<\/em><\/h3>\n
\u00a0\u2022 Zoom and Depositions<\/em><\/h3>\n
\u2022 Alternative Dispute Resolution and OnLine Hearings<\/em><\/h3>\n
\u2022 Shift Work\u00a0\u00a0 <\/em><\/h3>\n