The year 2022 saw many of the changes born out of necessity in the early days of the COVID-19 pandemic settle into what appear to be permanent components of pre-trial litigation practice throughout much of the state. These practices included virtual preliminary and compliance conferences, motion conferences/arguments and depositions. Following an initial adjustment period, most litigators (including this one) recognized the tremendous benefit and efficiency of these remote proceedings, including the reduction and even elimination of travel and wait times, to the mutual benefit of both lawyers and clients. These virtual proceedings have provided the added benefit of allowing many of us to expand the geographic reach of our practices, and have also offered the opportunity for a healthier work-life balance.

Conspicuously absent from this list of proceedings that have successfully adapted to a remote environment is trial practice itself. Trial practitioners across virtually all specialties have agreed that a trial requires a live and dynamic courtroom environment in almost all instances. In recognition of this, and of the fact that cases in many venues may not be called for trial for several years, there has been an increased emphasis of late on alternative dispute resolution (ADR), including courthouse settlement conferences and private mediations.