Photo: Rick Kopstein

Most New Yorkers are aware that small businesses across the state have been especially hard hit by the impacts of COVID-19. Among these struggling establishments are lawyers who work as solo practitioners or in small firms.

These attorneys provide vitally important services in their communities, such as handling legal matters for local businesses and real estate closings. Many of them also serve as assigned counsel, paid through the state and federal court systems to represent indigent defendants who otherwise could not afford legal representation.

The New York State Bar Association established the Emergency Task Force for Solo and Small Firm Practitioners in March to assist these lawyers as they address the challenges relating to COVID-19 that are impacting their practices and their businesses.

Assigned counsel payments are far below what private clients would pay, and often lawyers who participate in the programs do so out of a personal commitment to ensuring access to justice for all. New York State assigned counsel rates have been unchanged for 16 years. Nevertheless, the income from assigned counsel work is important to these attorneys, the businesses they run, their employees and their local economies.

Under normal circumstances, attorneys cannot submit vouchers for payment for assigned counsel work until a case is complete. However, with most state and federal courts in New York limited to "essential" functions, many cases are on hold, and lawyers are looking at long delays before they can bill for assigned counsel services they have already provided.

To help support local economies and small businesses around New York State—and to preserve the constitutional right of access to justice for those who are economically disadvantaged—assigned counsel need to be able to submit partial payment vouchers, before cases are complete.

The Emergency Task Force for Solo and Small Firm Practitioners has successfully advocated for these interim payments, and in many parts of the state the courts have signed off on making the remittances. Now it is up to local officials to act to process the payments, and they should do so as quickly as possible.

Henry M. Greenberg President of the New York State Bar Association