Life From the Waist Up: The Balance of Tech Use in the 'New Normal'
Litigators have been able to attend depositions, mediations and court hearings remotely. Many are ready to pronounce videoconferences and remote work as the new normal, even after the pandemic subsides.
July 30, 2020 at 09:04 AM
7 minute read
Zoom and other videoconferencing platforms have been a godsend during the COVID-19 pandemic. They've enabled us to conduct business, attend school and stay connected with colleagues, friends, and loved ones when we couldn't be together in person. Litigators have been able to attend depositions, mediations and court hearings remotely. Many are ready to pronounce videoconferences and remote work as the new normal, even after the pandemic subsides.
Me? I'm not so sure. Yes, the benefits of remote work are significant. Among them are:
Health and wellness. Less time spent commuting and traveling and more time to focus on nutrition, exercise, and sleep. More time for family, friends, and enriching activities. More time with pets. Folks with health conditions are able to stay connected while maintaining social distance and avoiding infection.
Childcare. Greater flexibility for parents to care for their children and for adult children to care for their parents and relatives.
Cost savings. Diminished spending on childcare, commuting, business travel, dry cleaning, eating out, pet care and personal services. For employers, less rent and office expense.
Expanded talent pool. The ability of employers to hire employees anywhere in the world. The ability of employees to live anywhere in the world.
Safety and environment. Less commuting and travel mean reduced carbon emissions and fewer accidents.
Personally, I've benefited from working at home. I typically commute at least an hour or more to and from my office each way. That's over two hours in my daily schedule—as much as 15 hours per week. I've spent much of the extra time with my wife (we're empty nesters), and also doing extra work, reading and catching up on much-needed sleep. We've eaten out less and cooked in more. Our food and gas expenses have plummeted; our quality time together has soared. Many of my friends have had similar experiences. They've spent more time with their children (including adult children) than they have in years. In some cases, more than ever. And our pets ave been in heaven!
My firm has been productive, too. While litigation has slowed, depositions, hearings, and mediations are being handled remotely. Work is getting done. Many lawyers have told me that they're more productive at home. Heck, I'd probably say the same myself.
So what's the rub? If we're happy, healthy, and productive working remotely—why do we need an office at all?
I think the answer boils down to teamwork and culture.
Nothing of significance was ever accomplished by an individual acting alone—even a productive individual. Teamwork lies at the heart of all great achievement. Teams foster a sense of community. They provide greater resources, richer ideas, and higher energy than do any one person. Teams add multiple perspectives on problem solving; individual insight is not as broad or as deep as that of a group.
Teams also motivate us. A couple years ago I joined a group exercise class after decades of working out alone. In class I exert way more effort than I ever did on my own—not because there's an instructor leading the class, but because I don't want to disappoint my ever encouraging classmates. And, for my own ego, I want to keep up!
Human beings are social creatures. We thrive in teams. Alone, we wither. If teamwork is the engine that powers an organization, culture is the glue that holds the team together. Culture is how organizations do things. It is the values and behaviors that contribute to the unique social and psychological environment of a group. It is esprit de corps: the feeling of pride, fellowship, and loyalty that team members share. It is sharing a common identity. Culture is what differentiates your organization from every other.
Team culture is forged not online, but in the trenches, working shoulder to shoulder toward a common vision. It is fostered in countless impromptu visits to a colleague's office. In shared meals. Even in the proverbial water cooler chats.
Why can't team culture thrive in a virtual environment? Because, at its core, team culture is really about relationships. It is about knowing and being known. Virtual relationships are just that: virtual. They are socially distanced relationships. They lack the incidental, nonverbal communication that comes with presence. The contagious excitement, the infectious enthusiasm, the shared sadness. All of the unspoken communication that human beings are expert at interpreting in person, but horrible at deciphering over the internet. It's a bit like the videoconference attendee dressed in business attire from the waist up and shorts or sweats or pajamas from the waist down (we've all done it). Virtual relationships have many of the trappings of real relationships, but they're just a bit … inauthentic. They approximate the real thing, but they're not quite the real thing.
Human beings crave connection. And real, authentic human connection is impossible online. The emoji hasn't been created that replaces a face-to-face conversation, a pat on the back, a hand shake, a hug. Real relationships are built by sharing experiences in person, not in cyberspace.
Virtual meetings are good, but they will never substitute for one-on-one connection. Great teams are not built by videoconference. After spending three years of blood, sweat, and tears (and money) attending law school, the newly minted grad does not aspire to suit up in his or her pajamas and commute to the kitchen table. Just as no child would opt to be raised by virtual parents, no young lawyer would prefer to be mentored from afar by some wizard hidden behind a curtain of technology.
I've spent my entire 32-year legal career sitting 20 feet away from my mentor, Bud Clarke. During that time, I've worn out the carpet between our two offices—brainstorming cases, asking advice, getting much-needed perspective. I always leave his office better than when I entered. You can't get that on a video conference. And, working remotely, you can't observe what happens between videoconferences.
Mario Cuomo said, "I talk and talk, and I haven't taught people what my father taught me by example in one week."
When we are not at our mentors' elbow day in and day out, we miss their example. Information can be imparted through a screen, but character is molded side by side.
To be clear, I am not suggesting that video technology is a bad thing. It's a tool, and like any tool, it can be extremely effective. For those with health conditions or family care issues, it can be a game changer. It's all in how you use the technology. It's about balance.
For my part, once the pandemic subsides, I will likely commute a bit less and Zoom a bit more—yes, in business attire from the waist up and jammy-jams from the waist down. It's so darn convenient. But as I leverage the benefits of the technology, I will bear in mind that it's an adjunct to, not a substitute for, personal connection. Virtual relationships can never replace real relationships.
Spencer Silverglate is president of litigation boutique Clarke Silverglate in Miami. The article is reprinted with permission from the DRI, formerly the Defense Research Institute.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 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 AllDon’t Forget the Owner’s Manual: A Guide to Proving Liability Through Manufacturers’ Warnings and Instructions
5 minute readTrending Stories
- 1No Two Wildfires Alike: Lawyers Take Different Legal Strategies in California
- 2Poop-Themed Dog Toy OK as Parody, but Still Tarnished Jack Daniel’s Brand, Court Says
- 3Meet the New President of NY's Association of Trial Court Jurists
- 4Lawyers' Phones Are Ringing: What Should Employers Do If ICE Raids Their Business?
- 5Freshfields Hires Ex-SEC Corporate Finance Director in Silicon Valley
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
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