Insight

The Virtual Courtroom

Why some of the industry changes the pandemic has wrought—the advent of remote courthouse appearances chief among them—deserve to outlast the return to normal life.

Remote Litigation
AC

Andrew E. Curto and Danielle E. Tricolla

September 16, 2020 08:00 AM

Like nearly all aspects of society, the American court system has been rendered almost unrecognizable by COVID-19. The pandemic forced the courts quickly and unexpectedly to transition to remote operations so that cases could proceed without attorneys, litigants, or even the judge setting foot inside a courthouse. This forced transition has revealed aspects of litigation that can be accomplished just as effectively—and far more efficiently—if done remotely.

Certain proceedings, such as trials and evidentiary hearings, might not be as adaptable to a virtual platform, but the majority of matters that have always required attorneys to be present—status conferences, compliance conferences, oral arguments on motions, and other routine things—can be completed remotely, in a fraction of the time.

Time

A court appearance for a routine conference usually consumes no fewer than two hours, even though the conference itself generally takes about 20 minutes. If your case is on for a 9:30 a.m. conference, unless it’s first on the calendar and all counsel are present for the first calendar call, it’s often 11 a.m. by the time your “9:30” begins. With virtual proceedings taking the place of daily calendar calls, and each case having a designated time slot, no longer must you spend an entire morning waiting for your case to be called.

If your appearance is in another county, meanwhile, that 20-minute task can easily consume more than half your workday. It takes about 90 minutes to travel from our office in Nassau County, Long Island, to the courthouse in Suffolk, the neighboring county where many of our cases are venued. Conduct the conference remotely and we’ve saved three hours.

Virtual meetings of this sort are also more efficient for the court and all other cases on the court’s calendar that day, as they eliminate the delays incurred by attorneys stuck in traffic, riding a late train, having trouble parking, or scampering between courtrooms for multiple appearances.

Going remote will also reduce the number of wasteful appearances, such as those for which you travel 90 minutes, wait 90 minutes more for your case to be called, then learn that your adversary sent a per-diem or associate unfamiliar with the case to get an adjournment. If all routine appearances were held virtually, we expect there would be far fewer adjournments overall, with per-diem attorneys all but eliminated.

Scheduling will be easier, too, if routine appearances require only a brief video call. Indeed, it’s often difficult to find a date when all counsel and the court are available given how much time the parties must set aside. Remote counsel, by contrast, can attend multiple appearances in different cases in different counties all in a single morning.

Another potential benefit: Litigators are notorious for working long, late hours. Eliminating time-sucking court appearances can free up two to five hours a day, giving us more time to complete our other necessary work and, perhaps, find a better work-life balance.

Money

Virtual appearances mean less time traveling and less time waiting in court—which leads to fewer hours billed and, thus, a reduction in the overall cost of litigation.

This is great for clients, of course, especially those who have found litigation cost-prohibitive. A client of ours initially intended to forego her right to attorneys’ fees on a default judgment motion because it would cost nearly as much in additional legal fees for us to spend the day in court for the requisite inquest. By the time we filed her motion this May, however, all proceedings had gone virtual. What we initially expected to be a costly five-hour commitment might now take merely 30 minutes—time well-spent to recover the fees to which she’s entitled.

A reduction in billable hours might sound like bad news for lawyers, but in the long run it may have a net positive effect on business. If we reduce the overall cost of litigation, more people will be able to access and afford legal services.

As of late July, courts are already starting to resume in-person appearances, but before we settle back so quickly into our old ways, we ought to consider making the virtual courtroom a permanent fixture—not to replace the old ways entirely but as part of a more efficient, technologically advanced court system. Perhaps the all-encompassing disruption of recent months might ultimately help the wheels of justice to turn just a bit faster.

Andrew E. Curto is a partner and Chair of Forchelli Deegan Terrana LLP’s Litigation practice group. He has thirty years of experience handling complex commercial litigation and employment disputes. Mr. Curto is also outside general counsel to many multimillion-dollar companies using his litigation background in all facets of business conflict resolution, negotiations and problem solving.

Danielle E. Tricolla is an attorney in Forchelli Deegan Terrana LLP’s Litigation practice group. She handles a variety of business disputes and commercial litigation matters, including corporate dissolution and shareholder derivative actions, contract disputes, real property actions, regulatory compliance issues and employment claims. Ms. Tricolla earned her J.D. from New York Law School.

Headline Image: ISTOCK / MUSHAKLSA, PERFOTO, STARLINEARTS

Related Articles

Justice in the Age of COVID-19


by Todd A. Smith

Pandemic Creates Sea Change in the Delivery of Justice

Two paintings of two people's fingers pointed at each other and almost touching

Remote Controls


by Cynthia Morgan Ohlenforst

How law firms, lawyers and taxing authorities must adapt to remote work

Law Firms Adapt to Remote Work

Announcing the 7th Annual Women in the Law Publication


by Best Lawyers

The 7th Annual Women in the Law publication is a celebration of all the female legal talent across the country, honoring every woman listed in The Best Lawyers in America and Best Lawyers: Ones to Watch in America.

Honoring Female Lawyers in the United States

Employment Entanglements


by Justin Smulison

As the United States approaches its third summer against the backdrop of the coronavirus, employers and employees still find themselves in a Gordian Knot of interconnected labor and employment challenges, with no clear way to untangle them all.

Post-Pandemic Employment Challenges Persist

Legal Trends in the Modern Workplace


by Emma R. Schuering and Meghan H. Hanson

Employees are reevaluating their jobs and the workforce, including issues like pay equity, forced arbitration, paid time off, discrimination and other such policies as they continue to navigate a post-pandemic work life.

Legal Trends In the Workplace Post-Pandemic

Hybrid Work - A Path for Female Lawyers


by Roberta Liebenberg

Remote work, flex time, some combination of both, all the rest of the pandemic’s new office normal: mere hype, or finally a meaningful option for female lawyers?

Remote Work Becoming Vital for Female Lawyers

Navigating the New Normal


by Jody E. Briandi

The pandemic has upended many law firms’ internal culture and their lawyers’ work habits, in many ways for the better. As we approach 2022, how can we consolidate those positive effects to transform the practice of law (and our personal lives) for the better?

Work Habits Affected by the Pandemic

High Court Merit


by Tracy Collins Ortlieb

In progressive legal circles, the name Robbie Kaplan has emerged as an omnipresent force for equal and human rights.

Q&A With Roberta Kaplan

When a Dream Home Becomes a Nightmare


by Peter B. McGlynn and Robert Stetson

A modern-day Bleak House* offers a cautionary tale about buying real estate—and a legal strategy that helped our clients gain redress.

Blueprint of a house with yellow caution signs

Is It Live . . . Or Is It Virtual?


by Adrian L. Bastianelli III, Kevin J. O'Connor, Paulo Flores and Robert S. Peckar

Mediation via Zoom is just one of the legal-industry oddities the pandemic has wrought. Here’s a cheat sheet for how to make it work for you—and some thoughts on whether it’s here to stay.

Virtual Mediation

Selection Protection


by Bradley M. Cosgrove and Robert A. Clifford

Jury Research in High Profile Cases

Jury Research in High Profile Cases

How I Adapt to Working From Home


by Alexandria Hurst

With the pandemic still ongoing with no end in sight, one lawyer writes about how she stays sane working from home.

Working From Home

The State of Women Inventors


by Amanda Hermans and Kate Rockwood

What’s being done to improve the gender patent gap—and how attorneys can help.

How to Improve the Gender Patent Gap

Equal to the Task


by Joyce D. Edelman

Fighting for gender equity in the law firm can seem like the very definition of a thankless task. But you just might find yourself able to make great strides.

Gender Equity in the Workplace

Litigating in Tongues


by Katie Botkin

Multilingual E-Discovery Can Present Beaucoup Problems If Managed Incorrectly.

Litigating in Tongues

Trending Articles

A Celebration of Excellence: The Best Lawyers in Canada 2024 Awards


by Best Lawyers

As we embark on the 18th edition of The Best Lawyers in Canada™, we are excited to highlight excellence and top legal talent across the country.

Abstract image of red and white Canada flag in triangles

The Long, Short, Thick and Thin of It


by Avrohom Gefen

“Appearance discrimination” based on employees’ height and weight is the latest hot-button issue in employment law. Here’s a guide to avoid discrimination.

Woman stands in front of mirror holding suit jacket

Vanguards of Victory: Best Lawyers: Ones to Watch in Canada 2024


by Best Lawyers

The third edition of Best Lawyers: Ones to Watch in Canada™ has been announced, and the lawyers showcased by these awards are rising to the challenge each day as advocates for clients all across the country.

Blue and black background with small squares connected by lines

Announcing the 2023 The Best Lawyers in America Honorees


by Best Lawyers

Only the top 5.3% of all practicing lawyers in the U.S. were selected by their peers for inclusion in the 29th edition of The Best Lawyers in America®.

Gold strings and dots connecting to form US map

Trailblazing Titans of the Industry: Announcing the 4th Edition Best Lawyers: Ones to Watch® in America


by Best Lawyers

Best Lawyers honor and celebrate these talented, innovative newer lawyers who are trailblazing their way to victories in courtrooms across the country.

Connected web above map of the U.S.

Pearls of Wisdom: Celebrating 30 Editions of Best Lawyers’ Rankings


by Best Lawyers

In celebration of our landmark 30th edition, Best Lawyers’ leadership explains how the world’s original and most trusted legal awards maintain their esteem, integrity and reputation for excellence among the top legal entities and their clients.

Best Lawyers logo for 30th edition release with gold glitter in background

Best Lawyers: Ones to Watch in America for 2023


by Best Lawyers

The third edition of Best Lawyers: Ones to Watch in America™ highlights the legal talent of lawyers who have been in practice less than 10 years.

Three arrows made of lines and dots on blue background

Announcing the 2023 The Best Lawyers in Canada Honorees


by Best Lawyers

The Best Lawyers in Canada™ is entering its 17th edition for 2023. We highlight the elite lawyers awarded this year.

Red map of Canada with white lines and dots

IN PARTNERSHIP

Thomson Rogers: Toronto Personal Injury Lawyers


by Thomson Rogers

Since establishment in 1935, Toronto-based firm Thomson Rogers has consistently delivered results for their clients struggling through complex litigation.

Top of a Staircase Featuring Two Large Black Doors with Bookshelves and Chairs on Each Side

The Best Lawyers in South Africa™ 2023


by Best Lawyers

Best Lawyers proudly announces lawyers recognized in South Africa for 2023.

South African flag

IN PARTNERSHIP

How Long Does a Felony Stay On Your Record in California


by Peter Blair

A felony can remain on your record for life in California. Some felonies qualify for expungement. Learn how to remove a felony conviction from your record in California.

Hand setting bird free out of a guarded fence

What the Courts Say About Recording in the Classroom


by Christina Henagen Peer and Peter Zawadski

Students and parents are increasingly asking to use audio devices to record what's being said in the classroom. But is it legal? A recent ruling offer gives the answer to a question confusing parents and administrators alike.

Is It Legal for Students to Record Teachers?

Announcing the 2022 Best Lawyers® in the United States


by Best Lawyers

The results include an elite field of top lawyers listed in the 28th Edition of The Best Lawyers in America® and in the 2nd Edition of Best Lawyers: Ones to Watch in America for 2022.

2022 Best Lawyers Listings for United States

The Upcycle Conundrum


by Karen Kreider Gaunt

Laudable or litigious? What you need to know about potential copyright and trademark infringement when repurposing products.

Repurposed Products and Copyright Infringemen

Best Lawyers: Ones to Watch in Canada 2023


by Best Lawyers

The year 2023 marks the second edition of Best Lawyers: Ones to Watch in Canada, highlighting professionals earlier in their legal careers all across Canada.

Blue background with white stairs formed out of lines

The Best Lawyers in Australia™ 2024 Launch


by Best Lawyers

Best Lawyers is excited to announce The Best Lawyers in Australia™ for 2023, including the top lawyers and law firms from Australia.

Australian Parliament beside water at sunset