How Can Law Firms Safely Reopen? New York Bar Group to Make Recommendations
The New York State Bar Association's president says law firm lawyers and staff should be among the first allowed to return to their offices.
April 29, 2020 at 02:43 PM
4 minute read
The original version of this story was published on New York Law Journal
The New York State Bar Association is pushing for law offices to be allowed to reopen before other nonessential businesses, announcing Wednesday that it's formed a group to recommend how to quickly and safely bring lawyers and staff back to their offices.
The state bar said its "Restarting the Economy Working Group" will consult with a wide range of officials, such as law office managers, health authorities and labor experts, to guide law firms and policymakers on "the safest and most efficient way for law firms to reopen."
Lawyers, like many nonessential workers, have largely been required to work from home under New York Gov. Andrew Cuomo's orders to address the coronavirus pandemic. But with new cases of the virus apparently dropping, the governor has talked about a phased reopening of certain sectors of the economy. Hank Greenberg, the president of the state bar and a shareholder at Greenberg Traurig, said the legal profession must be a top priority.
"It's not Hank Greenberg just beating the drum for lawyers," he said in a Wednesday interview. "The rule of law is dependent on lawyers. We are the footsoldiers of the Constitution. We are utterly vital and essential to society."
"It is absolutely true that we can do a lot of our work remotely … and I think we will continue to do a lot of our work remotely," he continued. But "from an economic perspective, having the legal profession be able to function, survive the crisis, and flourish is critical. If lawyers can't work, if lawyers can't make a living, if lawyers are not in a position to help clients, that is a direct threat to the vibrancy of the rule of law."
Members of the state bar group include Mark Berman, a partner at Ganfer Shore Leeds & Zauderer; Hermes Fernandez, a partner at Bond, Schoeneck & King; Martin Kaminsky, chief legal officer and general counsel at Greenberg Traurig; Devika Kewalramani, a partner and general counsel at Moses & Singer; Evan Krinick, managing partner of Rivkin Radler; Domenick Napoletano, a solo practitioner; Marian Rice, a partner at L'Abate, Balkan, Colavita & Contini; and David Schraver, of counsel at Nixon Peabody.
Schraver said it was too early to say what recommendations the group would make, but he said safety would be paramount. He said some firms have instituted shifts for certain workers and required foot traffic to flow in just one direction.
"One of the issues is that there are so many different types of law offices across the state," he said. "There are large firms in multistory buildings that have conference rooms of all different sizes and shapes, and there are solo and small-firm practices across the state that have much different kinds of offices."
Cuomo said Sunday that activities like construction and manufacturing can resume upstate in mid-May as part of a phased reopening that can scale up and down as circumstances demand. If new coronavirus cases continue on their downward trajectory and hospital capacity is sufficient to address an outbreak, he said, different regions of the state will be able to reopen different economic sectors.
No hard dates have been set, however, and the governor said that businesses will need to have plans in place to protect their employees and customers. At the federal level, Dr. Deborah Birx, the White House coronavirus response coordinator, has said social distancing will likely be the norm for months to come.
The state bar says the sooner lawyers are back in the offices, the sooner they can start to reverse some of the economic damage to their businesses. Law firms big and small have cut compensation and furloughed employees in anticipation of a major decline in revenue, and some practices—like real-estate dealmaking—have run into roadblocks, even as others—like employment counseling—have seen a surge in demand.
For litigators, court closures have been a major issue. Many lawyers who are regularly in court for matters like personal injury, insurance defense and landlord-tenant disputes have seen work dry up. Jury trials have been postponed in courts nationwide. While New York's state courts have made moves to resume proceedings that had been paused, they are only processing new civil complaints for a narrow range of urgent matters.
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllBig Law Lawyers Fan Out for Election Day Volunteering in Call Centers and Litigation
7 minute readThe Law Firms Generating 8-Figure Fees on the Year's Big Ticket UK Deals
3 minute readThe Reason a GC Abruptly Departs May Not Be What You Think
- With Return to Offices Still Uncertain, Big Law Shifts From When to How
- 'Rolling With the Punches': Litigators Use Creativity to Manage Their Cases Without Jury Trials on Tap
- From Canceled to 'Business as Usual,' Law Firms Go Their Own Way on Summer Associate Programs
- In a First, Indiana Will Hold 1-Day, Online Bar Exam in July
- Summer of Our Discontent: Big Law Associate Programs Get Major Overhaul
Law Firms Mentioned
Trending Stories
- 1Infant Formula Judge Sanctions Kirkland's Jim Hurst: 'Overtly Crossed the Lines'
- 2Guarantees Are Back, Whether Law Firms Want to Talk About Them or Not
- 3Election 2024: Nationwide Judicial Races and Ballot Measures to Watch
- 4How I Made Practice Group Chair: 'If You Love What You Do and Put the Time and Effort Into It, You Will Excel,' Says Lisa Saul of Forde & O'Meara
- 5Abbott, Mead Johnson Win Defense Verdict Over Preemie Infant Formula
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250