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This article is part of a monthly column from FinTech GC Ksenia Sussman examining how the legal profession should adapt to current, and future, changes in technology.

 

The COVID-19 crisis is upon us, and lawyers are in the eye of the storm. When crisis hits, businesses, individuals, and institutions turn to lawyers for calm and measured counsel. At the same time, calm is hard to come by these days—even for the most seasoned lawyers. Uncertainty is everywhere and we are all having to adapt to the change.

In New York City, where I live, the streets are eerily quiet, and normally bustling buildings are thinning out as workers shift to remote-working environments and sheltering in place. Similar scenes are playing out across our country. And lawyers and law firms are being impacted just like everyone else. Law firms, large and small, have encouraged or ordered their workforces to work from home.

This type of change is difficult. Not only are lawyers struggling to serve their clients while working at a distance, but they're coping with the withdrawal symptoms associated with lack of social interaction.

The ramifications of COVID-19 have ushered in a "new normal" working environment for many of us—at least for a bit—but there are steps all lawyers can take to remain productive and effective for our clients, and healthy and balanced for ourselves.

1. Utilize Technology

We are fortunate that remote-working technology has never been more accessible, easily mastered, and more powerful than it is today. From cloud-based access to documents to video conferencing platforms, we have the means to manage complex organizations, such as law firms, with dispersed workforces.

Lawyers who have been slow to adapt to the use of technology must learn to embrace it. It will be the lifeblood of your ability to operate. Technology, such as video conferencing, will allow you to stay more connected to your clients and your team until things return to normal.

2. Protect Against Cybersecurity Risks

As more workforces shift to remote working environments, it is imperative for law firms to review security processes and procedures related to remote access of corporate systems. Individual lawyers must also remain vigilant to prevent their systems from being compromised and their clients' sensitive data from being exposed. Consider the use of encrypted zip files and make sure to have two-factor identification on any applications.

In addition, lawyers should avoid connecting to public Wi-Fi networks (such as at local coffee shops); be on the lookout for "phishing" attack emails that seek personal information such as passwords or Social Security numbers, or contain questionable attachments; and avoid doing business work on personal devices. The U.S. Secret Service, the World Health Organization, and other institutions have issued guidance in recent weeks that COVID-19 cyber attacks are on the rise.

3. Establish a Routine and Stay Focused

When working from home, it's easy to get derailed by all types of distractions, especially in light of the fact that many of us now have our kids at home due to the increasing number of school closures across the country. Accordingly, it's critical to create a routine and schedule that works for you.

Establish times when you will focus only on work and breaks when you can step away to deal with personal issues. To the extent possible, create a space that you will consistently work from, and discuss with those around you the imperative that you have distraction-free time to work. Your clients, as well as your loved ones, are counting on you during this time of crisis, so it's important to apply extra focus to your work so that you can also focus on other priorities.

4. Be Generous and Empathetic to Clients

In times of crisis, it's critical to keep in mind that it's not just your clients' businesses that are being impacted—they're being personally impacted as well. Act as their trusted advisor. Be proactive and reach out to your clients and inquire as to how they are doing and offer to lend a helping hand, even if it doesn't involve a billable hour. Now more than ever, be generous, empathetic, and available to your clients. As a general counsel who relies on outside lawyers to help get my job done, I can tell you from experience that your clients will appreciate your genuine interest in how they are holding up.

5. Help Your Clients Identify and Mitigate COVID-19 Risks

The legal shakeout of the COVID-19 crisis will have long-lasting implications. Use your subject-matter expertise to help your clients anticipate and mitigate risks that, if not addressed, will have big consequences in the future. Due to government shutdowns, economic challenges, and supply-chain disruptions, businesses are being forced to make monumental decisions, often without a clear understanding of what the legal fall-out will be.

Litigation exposure will be determined by what many perceive as mere "boilerplate" provisions in commercial contracts, such as force majeure clauses. There are myriad labor and employment issues to be considered regarding layoffs, shutdowns, and remote-working arrangements. As mentioned previously, data and privacy issues are a major concern for many businesses due to increased cyber attacks.

It is incumbent upon lawyers to be clear-eyed advisors for the clients in thinking through these and other issues. Help your clients deal with the crisis at hand—and also help them see what's coming next.

6. Use This as an Opportunity to Plan for the Next Crisis

We are all suffering the consequences of the world's collective unpreparedness for the COVID-19 crisis. As writer and philosopher George Santayana wrote, "Those who cannot remember the past are condemned to repeat it." Once we get to the other side, lawyers and law firms, alike, must learn from the actions taken in response to this crisis. Business continuity plans must be improved upon and battle-tested. Technology must be optimized and lawyers must be better trained to use it. We all must band together as a profession to help navigate and emerge stronger from this crisis, lest we repeat the same mistakes the next time around.

 

Ksenia Sussman is general counsel at digital asset advisory firm BitOoda.