Two attorneys with Bast Amron in Miami weigh ­­­­in on what they anticipate as new norms, changes and challenges lawyers face post-COVID-19.

Brett Amron is managing partner, and Brian Tannebaum is the firm's general counsel.

• Expectations from clients post-COVID?

Amron: Clients will look for attorneys who are able to move quickly, get to the heart of the issue at hand, keep costs down, and ensure a journey from start to finish as pleasant as possible. Clients will be looking for attorneys who have experience handling their particular issue, can speak to them directly, and decisively chart a course to a conclusion for them. And now more than ever, attorneys will need to be a calming, rational voice for clients. Most of all, clients will expect their attorneys to be empathetic toward their situation and act accordingly. Alternative fee structures will be the new norm, and hourly billing will continue to decline in popularity.

Tannebaum: Clients will expect two things, flexibility on fees and less "bloating" of legal services, meaning clients will want quicker and more direct answers to legal issues, not three or four lawyers assigned to a case to draft a 10- page memo that doesn't answer the question.

• What have we learned from this experience?

Amron: We are all human. Lawyers too. We have families and lives outside of the practice of law. The majority are dedicated to helping their clients while maintaining professionalism. Those that are still employing scorched earth tactics will (hopefully) become outdated. Petty differences or fighting among attorneys will be a thing of the past. If hourly billing diminishes, attorneys will be forced to be more efficient and focus on achieving the client's desired result.

Tannebaum: That priorities can quickly change, and that today's successful business can be devastated by a virus (movie theaters, airplanes, hotels, clubs, coffee shops, restaurants).

• What are the major shifts/changes in the delivery of legal services?

Amron: Virtual offices and an increase in remote working will become the norm.  The footprint of attorneys' offices will shrink, and attorneys will be able to conduct hearings or meet with clients virtually.  Once things get back to "normal," with smaller offices, attorneys will need to get out and meet with their clients at their homes, businesses, or places of employment.

Tannebaum: The ability to conduct many routine legal transactions and hearings remotely will dominate the practice of law. The ability for lawyers to appear by video all over the world will drive changes in ethics rules regarding reciprocal admission to bars.

• What will happen to "out of office"—since we no longer have one?

Amron: The line has been blurred even further now that we are all working from home and may continue to do so, whether full or part-time. Attorneys will need to set expectations at the outset of the relationship with clients. Let the client know the hours when you are available and not available by phone, email, etc. Of course, if there's an emergency, you will make yourself available. Attorneys may shift to "away from work" rather than "out of office" responses at various times or on various days.

Tannebaum: "Available 24/7" will become a reality and not just a phrase in an ad. During this pandemic, I've had calls with clients late at night, and on Sundays, because on a random Tuesday, I'm out riding my bike—and so is my client. "Out of office" will become like the busy signal on telephones—obsolete. Lawyers that make themselves available more than 9 to 5 or 8 to 7 will find their routines change, and that change will allow for more time to enjoy life during the week.

• Will this experience make lawyers/the practice more humane?

Amron: I certainly hope so. Clients will demand it and will not pay for attorneys who are focused on fighting with opposing counsel rather than achieving the client's desired outcome. Courts will too.

Tannebaum: In the short term. I have found lawyers to be more polite on video, but I think that is because they are getting used to the technology. Once it becomes the norm, I hope it continues, and that judges don't have to mute lawyers, but I'm sure a slew of examples of unprofessional conduct will find their way to remote technology.

• Will we as Americans forget and go back to business as usual?

Amron: This crisis knocked people back in all phases of their lives—at home and at work. For the foreseeable future and perhaps until a vaccine and treatment are out in the market, I think people are not going to revert to business as usual. In-person meetings may shift to virtual meetings. That business trip may shift to a virtual/video meeting. That court hearing may convert to a telephone or video hearing or resolve all together as a result of the attorneys realizing that perhaps the hearing isn't necessary and the issue at hand can be worked out. I do not see conferences coming back online anytime soon and those business development lunches may get pushed off or shift to a video or phone chat. And, of course, folks may be wearing face coverings, gloves and keeping their distance in the office, on the street, and in court. This will be the new "normal" for the time being.

Tannebaum: History says, "yes." After catastrophic hurricanes, we have a short-term increase in people helping people, and then we have people taking advantage of the situation. Eventually, people get their homes rebuilt, and life gets back to normal. This is very different, as people will be affected for a long time, and I truly hope the newfound desires to be outside, be with family, not run from meeting to meeting, remains. But I'm a cynic and won't be surprised if our reputed short-term memory wins out. My grandparents were "children of the depression," and we will be "children of COVID-19" so I hope our memory causes us to be more mindful of our conduct.

• Will working from home the norm?

Amron: It really depends on the nature of the practice or the particular law firm. That said, working remotely will be more universally accepted by both law firm leaders and clients alike.

Tannebaum: For some. The reality is that working from home is difficult for those with little kids, and for those who are alone. Those who can be productive at home and have employers that allow it, will help the bottom line of their firms and be able to make it work. I think office space will change forever—most of the space will be conference space, with some offices for lawyers that need an office.

• Will there be a new norm in the daily life of a lawyer?

Amron: Yes. Law firms may start operating more like businesses then, well, law firms. "Do I need the office space I have today?" "Do I need all the staff or attorneys I have today?" "Are they profitable and adding to the bottom line?" For local firms, hiring attorneys from outside of your city or state and having them work remotely may become more of the norm. While I think office layouts will change, the actual size may not when factoring in safety measures for the health and well-being of employees, clients and visitors. Video hearings will take hold and become routine, allowing attorneys to more efficiently and effectively appear in courts across the country. And finally, firms may start to maintain a larger cash cushion in the event of another crisis.

Tannebaum: Certainly. Clients will have fewer concerns about offices and the "uniform" and more interest in meeting at an outdoor café, not minding if the lawyer is in shorts. When things open up, the first new norm will be, "am I going to the office today?" Then it will be, "do I renew my office lease?" Then it will be, "do we need to meet in person?" Court hearings in courtrooms will be the exception, and that will change how lawyers do basic things like purchase clothing. I would not want to be a custom clothier who caters to lawyers, and I would not want to be a landlord in an office building. The landscape of downtowns will change, and those that operate conference centers for rent will do very well. Lawyers may find decreased stress with not having to drive to court for every hearing, and clients may actually get better service. Lawyers that are nimble, meaning "I can come to you" will thrive, while those that try to go back to the old ways of doing things will find themselves like taxi cabs in an Uber world.

• In- person meetings—will they shift to virtual meetings?

Amron: There is nothing like a face-to-face meeting. But, given what the country is going through, I suspect virtual meetings will become more popular. There is a huge cost and time savings as well.  That said, I do not think in-person meetings will be eliminated entirely. They can be very effective.

Tannebaum: That will be part of the flexibility aspect of the practice. Clients that have a few questions or just need to review something may opt for video, while those that have a story to tell or need their lawyer to see something physically may need to be in person. During quarantine, I have offered video or audio, and have received requests for both.

Brett Amron is managing partner and Brian Tannebaum is general counsel at Bast Amron in Miami.