With Trials Curtailed by Coronavirus, Some Litigators Worried About Lost Revenue
"We can't go on indefinitely without bringing in new business or settling cases," one litigator said.
March 19, 2020 at 05:48 PM
6 minute read
In the first week after most New Jersey court proceedings were shut down to reduce transmission of the coronavirus, New Jersey litigators were adjusting to a slower pace while also worrying about reduced revenue and wondering how long this new routine will last.
In the Superior Court of New Jersey, and in municipal court and landlord-tenant court, proceedings were postponed to varying degrees as the judiciary seeks to move to video and telephone conferences in order to minimize human contact to limit the spread of COVID-19. And in federal courts in Newark, Trenton and Camden, jury trials were postponed and restrictions were imposed on who can enter court buildings.
For Kenneth Thyne, court proceedings haven't quite come to a halt, since his schedule this week included a case management conference and an oral argument, both conducted by telephone. But his practice is slowing down.
The legal malpractice lawyer with Roper & Thyne continues to go to his office every day, since the activities of his three children make it hard for him to concentrate when working from home.
Thyne is still practicing his own brand of social distancing—he leaves his house, drives to the office and goes to work without coming near any other people. He avoids direct contact with his secretary, and even talks to his law partner in adjoining offices by phone.
"I keep saying to people, it feels like a Sunday. The traffic is nonexistent," he said.
Thyne said he spent four days in court last week picking a jury for a breach-of-contract case in Passaic County until a shortage of prospective jurors caused the judge to abort the trial and reschedule it for April. One prospective juror told Thyne he would rely on public transportation to get to the courthouse, but was reluctant to ride a public bus because of the risk of contamination, he said.
Thyne worries the lack of trials will mean fewer settlements, since it's the prospect of a looming trial that often makes a defendant willing to cut a deal. And his law partner had a mediation canceled this week due to the coronavirus, he said.
"We can't go on indefinitely without bringing in new business or settling cases," Thyne said.
Litigator and divorce lawyer Edward Zohn of Zohn & Zohn in Warren has heard from numerous attorneys struggling to adjust to the new set of challenges as he is chairman of the New Jersey State Bar Association's Solo and Small Firm Section. That group received an "unprecedented response" from more than 100 people to a seminar held Thursday on how to navigate solo practices and small firms through the coronavirus crisis.
Lawyers who practice alone or in small groups are more vulnerable to an external disruption because they don't have the same line of credit that many larger firms rely on to get through tough times, said Zohn. Many have only minimal amounts of cash tucked away in reserve, and are faced with decisions about whether to lay off support staff, he said. Some litigators are coping with this while also struggling to keep their children occupied because schools are closed.
In addition, many lawyers practicing alone or in small firms are unable to work remotely during the current crisis because they never invested in technological advances such as voice over internet protocol and cloud storage systems. Those who have installed the newer office technology "are better situated to weather this—they can work from anywhere. Those who have not are floundering," said Zohn.
And just as they are forced to cope with additional stressors, many lawyers find themselves cut off from interaction with their peers in the office and in court, Zohn said.
"It makes people anxious from a monetary perspective, from a mental health perspective, from a cabin fever perspective. Attorneys, by nature, are social people," Zohn said.
"My colleagues are all very anxious about what the next few weeks will bring. The biggest problem we're all having here is we're all isolated—we have to create our own networks. So it's a socialization issue, too," he said.
For Jonathan Lomurro, a medical malpractice lawyer at Lomurro, Munson, Comer, Brown & Schottland in Freehold, court shutdowns have allowed him to catch up on other legal work. In med-mal cases, depositions of health care workers are traditionally taken at hospitals to make things easier for doctors and nurses. But coronavirus precautions have brought about the cancellation of most such events.
"I hope the courts are a little lenient on the discovery deadlines. We've already seen kindness from adversaries—everybody understands we are adversaries but don't have to be adversarial," Lomurro said.
Lomurro expressed concern that clients who are subject to the Tort Claims Act might not be able to meet its strict time deadlines, and he hopes courts will be accommodating.
Working from home has also given him an opportunity to have lunch and afternoon walks with his daughters, ages 10, 8 and 6, Lomurro said, although he worries they are stressed out by staying at home.
Allan Marain, a criminal defense lawyer in New Brunswick, said courts are adjourning all his cases, and the usual calls he gets from prosecutors and courts about pending cases have stopped. What's more, he's seen a dearth of new cases coming in, which he's at a loss to explain.
"I am taking advantage of the situation to get work done that has been on the back burner for quite a while. I'm remaining productive," he said.
While the pace of his work as slowed down considerably, Marain expects things will be hectic again when courts get back to their usual schedules and his cases will need to get caught up.
"I've been around a long time—I think I'm able to manage what comes along," he said.
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