Brian Tannebaum, General Counsel Bast Amron Miami

Right about now you're not as concerned about rules or deadlines. You're concerned about health and the future. And that's expected.

But part of life is going on. Your cases are continuing—albeit on ice for a bit. You are still a lawyer, and you still have clients. Here's some ways to avoid additional heartache in your practice right now, and maybe find yourself busier than you thought you would be:

• Communicate.

The ethics rules require it. And now it's more important than ever. Call, email, text—or video chat all your clients. The first few minutes of any conversation or first paragraph of any email or text should have nothing to do with the matter at hand. It's time to discuss life, family, fears, and of course, health.

Also, reach out to former clients, friends and colleagues. I'm making it a point to contact at least one random person a day, just to check in on them. Have the same conversation. "How are you" takes on new meaning now. Maybe these people need some legal advice—or more than advice—and won't realize it until you ask "how's business," or "what's keeping you up at night?" It's a great time to give of yourself, and your work now may be gratis, but relationships always lead to something, and the people you help now likely won't forget you.

This is also a time to be honest and transparent. We're all  going through this, no one is immune. Talk about your fears. We all have them.

• Use the down time to be diligent.

Yes, we're all "working from home," but that means different distractions, and more time to work on things you've been avoiding. It's a great time to practice a rule of ethics that is getting more attention from Bar regulators—the requirement of diligence.

Read that lengthy transcript, conduct that research you've been putting off, investigate that witness you've been meaning to look into, make sure your upcoming hearings (that are cancelled) would have been fully briefed—they will eventually take place.

And communicate this to the clients. They don't want to hear less from you right now, they want to hear more from you—and if I'm wrong, they'll let you know.

• Consider your talent.

I don't know how this is all going to play out, but it may be that a minor part of your practice becomes your full-time practice. Maybe you do mostly transactional real estate work and a little contract litigation. There's bound to be more of the latter in the next few months. Businesses needing to break leases, vendors not being paid, people being sued for just about everything.

Read up on the current rules and regulations, the local rule amendments, and current hot topics. Competence is required under the ethics rules and if you are going to find yourself doing something new or more of something you do on the side—or for the first time—you need to know how to do it with competence.

• Instead of Netflix, try some CLE videos.

There are tons of CLE videos online, and this is a great time to catch up on your required hours —and take in some new topics. That way you're not scrambling to meet your hours requirement on deadline, and you may learn something that can help you and a client going forward.

• Be nice. Be really, really nice.

Ethics and professionalism have merged. Lawyers are not only being disciplined for violations of ethics rules, but for nasty emails, and rude comments to opposing counsel and litigants. The Oath of Admission to The Florida Bar, where I am admitted, has been amended to include: "To opposing parties and their counsel, I pledge fairness, integrity, and civility, not only in court, but also in all written and oral communications." And lawyers have been disciplined for violating that portion of the oath.

You may disagree with the premise that lawyers can be disciplined for their lack of fairness and civility, but let's look at it from another perspective.

This isn't about being disciplined. This is about being human, recognizing what is going on and not pretending it isn't. It's not a time to advocate on behalf of your client by denying extensions and courtesies.

Everybody needs time.

That 20-day extension your normally agree to—make it 60 (without being asked for a specific time period) and let opposing counsel know they can reach out if that's not enough. That deposition that "had to occur," now that your case is delayed, reset it. You never agree to more than a 30-day extension for discovery responses? Double it, and leave the door open.

To many, I don't need to even say this, but I was reminded that some lawyers (and let's be honest— some judges) "don't get the memo" when we are in times of crisis when the Los Angeles County Bar Associations Professional Responsibility and Ethics Committee issued this statement:

"In light of the unprecedented risks associated with the novel Coronavirus, we urge all lawyers to liberally exercise every professional courtesy and/or discretional authority vested in them to avoid placing parties, counsel, witnesses, judges or court personnel under undue or avoidable stresses, or health risk. 

Accordingly, we remind lawyers that the Guidelines for Civility in Litigation (LASC Local Rules, Appendix 3A require that lawyers grant reasonable requests for extensions and other accommodations. 

Given the current circumstances, attorneys should be prepared to agree to reasonable extensions and continuances as may be necessary or advisable to avoid in-person meetings, hearings or deposition obligations. Consistent with California Rule of Professional Conduct 1.2(a), lawyers should also consult with their clients to seek authorization to extend such extensions or to stipulate to continuances in instances where the clients' authorization or consent may be required."

I'm always embarrassed when a state bar or voluntary bar association has to remind lawyers to be human beings, but we know that in these times, we see the best—and worst—of people.

Let me be clear—if you use this time to take advantage of the procedural rules—you will likely become famous. If you use this time to put people and health before anything else—you won't be famous—thankfully—and will be on the better side of karma.

Be well. I mean that.

Brian L. Tannebaum is special counsel and general counsel at Bast Amron in Miami, chairing its ethics, professional responsibility and white collar defense group.