Virtual Litigation Analytics Photo: Somkid Thongdee via Shutterstock

In psychology, "gestalt" refers to an organized whole that is perceived as more than the sum of its parts. If someone is being treated, for example, for depression, the gestalt form of treatment will look at the entire person, their lifestyle, family history, and more in order to determine the cause of the depression. In law, attorneys must focus on the gestalt of their clients. Given social distancing, our legal world is going to revert more to computerized interactions with clients, the courts, and adversaries. Instead of prolonged in-person interviews with clients, we may be forced to resort to Skype and Zoom. Our interaction with clients will not always be in person, eyeball to eyeball. We will be compelled to give legal advice through a medium, which is like television.

The impact that social distancing will have on jury trials has yet to be fully determined, although it is a constitutional right under the Seventh Amendment. Jurors, witnesses, court personnel, the judge, and lawyers all wearing masks, is a non-starter. Jurors may have to sign assumption of risk forms, which will further curtail the diversity of jury pools, since African-Americans and the elderly with pre-existing medical conditions, are not likely to serve, since they are among those in a high risk category.