Working remotely. Photo: GaudiLab/Shutterstock.com

The Connecticut Judicial Branch unveiled a 32-page handbook Friday on working remotely, and the state's chief judge administrator said the new way of doing business for attorneys is here for the "foreseeable future."

The handbook, "Connecticut Guide to Remote Hearings for Attorneys and Self-Represented Parties," includes information on how lawyers and their clients can telecommute amid COVID-19 and post-pandemic.

Chief Court Administrator Patrick Carroll III sounded the bell that hearings conducted remotely will be part of the new way of attorneys doing business.

"We fully expect that the use of remote proceedings will not only respond to the challenges caused by the pandemic, but will transform our courts for the foreseeable future," Carroll said in the handbook.

Attorneys had mixed reactions to the handbook and the idea of attorneys and their clients working virtually now and in the future.

Greenwich solo practitioner Amy MacNamara reviewed the handbook for the Connecticut Bar Association while it was being drafted. MacNamara, chairwoman of the association's Family Law Section and a member of the COVID-19 committee, said, "The handbook is easy to read and relatively comprehensive."

MacNamara, though, said there were several "blind spots" within the handbook. MacNamara said the Judicial Branch asked for comments and suggestions and she told it her biggest concern dealt with introducing evidence on a virtual platform.

"They said they'd take it under advisement," MacNamara said Tuesday. "Evidence in a physical court is a simple process. We know when we have to exchange things and how to introduce them. We are learning in an entirely new technological way and a satisfactory process for entry of exhibits hasn't been articulated as of yet."

MacNamara added, however, that the biggest upside to working virtually are pretrial and status conferences. "I personally hope pretrial and status conferences are here to stay. It's economical and allows us to do business in a quicker fashion," she said.

Shelley White, director of litigation and advocacy for the New Haven Legal Assistance Association Inc., said she understands the need for working remotely, but said there's a cautionary tale when dealing with nonrepresented parties.

White, whose organization represents low-income individuals, said it also turns away "about half of the people that come to us for assistance because we don't have the capacity to help them." That, she said, translates into hundreds of individuals a month that are turned away.

Many of them, she said, aren't familiar with technology and some don't have computers. That, she said, poses a big problem.

"Our biggest concern is this creates a scenario where there is unequal access to the courts," White said Tuesday. "Many of the people we see are not familiar with remote technology at all. They won't know how to click on for a remote hearing. There is a digital divide there."

In some cases, White said, those without computers might have go to court to access computers that the courts will be making available. That, she said, can create more obstacles.

"Many people of less means are not technology-savvy," she said. "And, I don't believe it will be feasible for court personnel to assist them because of social-distancing concerns. Who will show them how to use the equipment?"

White continued: "I'm not saying the handbook and working remotely is a bad thing. It is what it is. We just have to make sure the rights of unrepresented people are protected."

As a mediator and arbitrator, Chris Kriesen has held about 15 Zoom meetings with attorneys and their clients since the beginning of the pandemic in mid-March.

"At first, there was pushback because everyone thought it wasn't secure and they were uncomfortable with the technology," said Kriesen, founder and principal of The Kalon Law Firm in Hartford. "People have adapted. The system can be secure and they are feeling more comfortable with the technology. Many people don't even realize they are online anymore."

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