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WHAT WE'RE WATCHING

HARD NUMBERS - Are you working harder than ever or is work just harder than ever? As Law.com's Andrew Maloney reports, recent figures in the legal industry show only a slight increase last year in the number of average hours billed per lawyer. According to the most recent State of the Legal Market Report, the average daily demand per lawyer in 2021 was only 0.3% higher than it was in 2019. That's in terms of billable time measured among all types of firms. Additionally, the average number of billable hours worked per lawyer per month in 2021 was "substantially" below where it was prior to the Great Recession, the authors noted. Jim Jones, director of the Georgetown University Law Center on Ethics and the Legal Profession and a lead author on that report, admitted "scratching my head for a while" after seeing those numbers. But, he said, the numbers don't necessarily reflect the unique pressures created by the pandemic, during which so many attorneys are trying and failing to separate their work lives from their personal lives. "You think, 'Wow, I'm working more than ever,'" he said. "Well, maybe you are in terms of anxiety, but not necessarily in billable hours. I think that's really an interesting indicator in terms of the psychology of what's going on in the market."

NO JUDGMENT HERE - Incidents of witness coaching during remote court proceedings have, thankfully, not become an epidemic during the pandemic as some feared. But, so far, when they have occurred, ethics authorities have shown a fair amount of mercy to the offending lawyers, perhaps in recognition of the fact that virtual litigation is still pretty weird for everyone involved. As we explore in the latest Law.com Litigation Trendspotter column, two recent examples of witness coaching show how easily it can happen in that setting. But they also show that, at least for now, disciplinary authorities appear somewhat understanding of these ethical lapses given the unprecedented circumstances. However, that level of leniency is not something anyone should bet on continuing, particularly as remote proceedings become increasingly entrenched as part of normal day-to-day court operations and the expectations around what is and is not allowed become clearer.

WHO GOT THE WORK?℠ - As Law.com's Amanda Bronstad reported, James DeSimone (V. James DeSimone Law) has stepped in to represent the family of a 61-year-old Riverside County Flood Control and Water Conservation District employee who died last year of COVID-19 after his supervisors wouldn't let him work from home. The family of Michael Haywood, who was an equipment service supervisor, filed a wrongful death and discrimination lawsuit on Jan. 7 against Riverside County, which is in California. Haywood, a cancer survivor with high blood pressure who used an inhaler, had complained that his employer had few COVID protocols. Check out the most recent edition of Law.com's Who Got the Work?℠ column to find out which law firms and lawyers are being brought in to handle key cases and close major deals for their clients.

VEXATIOUS VAX MANDATE - Consolidated Edison, the City of New York, Mayor Eric Adams and other defendants were slapped with a class action Wednesday in New York Eastern District Court over the city's vaccine mandate for private employers. The court action was filed by the Law Firm of Vaughn, Weber & Prakope on behalf of ConEd worker Matthew Rivera and similarly situated employees. The complaint challenges two emergency executive orders issued in mid-December that require employers to mandate employee vaccinations or face fines. Counsel have not yet appeared for the defendants. The case is 1:22-cv-00616, Rivera v. The City of New York et al. Stay up on the latest deals and litigation with the new Law.com Radar.  

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