Let's Be Honest: Who's Litigating in Pajamas?
They used to be in the courthouse. Now, after COVID-19-related closures, they're on their sofa.
April 15, 2020 at 02:24 PM
6 minute read
The original version of this story was published on Daily Business Review
Staying home during a global pandemic has brought out the casual in everyone, and South Florida lawyers are no exception. Normally suited and booted, many litigators are keeping their pajamas on now that COVID-19 has shut them out of the courthouse.
Fort Lauderdale family attorney Brian Karpf of Young Berman Karpf & Gonzalez used to "dress to impress," consistently wearing a suit or sport coat.
But now, not so much.
"In the beginning, I was still getting dressed and putting on a sport coat for those [client meetings], and I almost felt uncomfortable," Karpf said. "I'm sitting here at home with the video on, and the people that are coming to me, they're certainly not dressed up, and if anything it almost makes them feel a little strange that I'm still dressed up, and they weren't."
Karpf said he wears pajamas for telephonic hearings or conferences, only suiting up for video court hearings or mediations — that is, "at least the top half."
When launching a new legal webinar series recently, Karpf opened with, "Now, I know what you're all thinking, am I wearing pants?"
"I paused and I said, 'I'll answer that on my next webinar,'" Karpf said. "I think that that's one of the big jokes right now: Really, it's just the top up. I don't think many people are putting on shoes to meet with a client at this point."
Likewise, Lawrence Kellogg of Levine Kellogg Lehman Schneider + Grossman in Miami still wears a suit and tie for the bigger things, such as taking depositions.
"For no reason other than when they're looking at me they'll think I'm a lawyer, and it makes me feel like it's a more serious endeavor," Kellogg said.
But the rest of the time, it's shorts and a t-shirt.
"Sometimes I've worked all day in my pajama pants, for sure," Kellogg said. "If I'm writing a brief, why bother to shower and get dressed up? Just write it. You're at home."
|Day pajamas, night pajamas
Miami litigator Danielle Garno chairs Cozen O'Connor's retail industry team and heads its fashion and beauty practice group.
She also hasn't worn pants with buttons in more than a month.
"I go from my day pajamas to my night pajamas sometimes," Garno said.
COVID-19 chaos has seen Garno join conference calls in her closet and driveway, and once accidentally walk in on her kids' online class in her pajamas.
"My daughter was in a Zoom class and I didn't realize, because they all start at different times," Garno said. "I went over to show her something on my phone in my pajamas, and she was like, 'Mommy, I'm on Zoom,' and I look and I'm like, 'Oh, no.' "
|'People should look clean'
Some appear to have taken comfort too far, though, as Broward Circuit Judge Dennis Bailey issued a warning to lawyers about dressing inappropriately for video conferences.
"One male lawyer appeared shirtless, and one female attorney appeared still in bed, still under the covers. And putting on a beach cover-up won't cover up you're poolside in a bathing suit," Bailey's announcement said.
Kellogg said he's seen his fair share of messy houses and lawyers joining video conferences looking like they just got up and haven't showered lately.
"I think people should look clean," Kellogg said. "If they look like they just rolled out of bed, you don't take them quite as seriously, but I don't mind if they dress in a polo shirt or even a t-shirt, if they look clean. Some people don't."
For those in dire straits, Florida Association for Women Lawyers' Miami chapter has offered free webinars for emergency DIY haircuts.
But aside from those flouting all professional norms, Garno said now's the time to "just cut yourself a break," particularly if there are children and dogs running around.
"I think that people are way more tolerant, way more understanding," she said. "And I kind of enjoy the human aspect of it all, because we're all kind of struggling a bit in our own way."
|'Who knows what somebody left out'
Video conferences have opened up a new world of weird, as litigators, clients and even judges can now peek into each other's homes.
For some, like Karpf, that means making sure a particular part of the house is tidy. And for others without home offices, that might not be easy.
"Who knows what somebody left out that you may not notice, that could be sitting over your shoulder that you probably don't want other people to see, whether it's a kids toy or the wine bottle from last night, or something like that," Karpf said.
When in doubt, there's always Zoom's virtual backgrounds, which Karpf sometimes uses in less formal scenarios to make it look like he's on a beach.
Kellogg said it's been a little unsettling to have to see himself during video conferences.
"I don't like the idea that I'm on a screen, and people are looking at you all the time," Kellogg said. "You can't go, 'OK, I'm going to look at my phone while they're doing that.' You have to pay attention the whole time, or look like you're paying attention."
Pajamas or not, now's the time to cut each other a little slack, the way Karpf sees it.
"Just remember that the person on the other end of the telephone and the other end of the video conference, they're doing the same things that you are, and they're going through the same stuff," he said. "I think it's just about being comfortable, learning to adapt, and trying to give yourself as close to a safe environment as possible."
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