The novel coronavirus has opened up a trove of potential liability issues for law firms, and those best prepared with the foresight and directness to deal with challenges that come with reopening—from clean and safe offices, to how to best communicate with employees—will best position themselves for a smooth transition, a special panel of the New Jersey State Bar Association has said.

That preparation is the mandate of a series of interactive reports collectively called "Roadmap to Resilience," rolled out July 10 by the Committee on Law Firm Opening and Operations of the association's Pandemic Task Force and published on the State Bar website Monday.

The report offers practical guidance to law firms of all sizes as they begin reopening and welcoming back lawyers, associates, support staff, and others to the office.

Gov. Phil Murphy issued a public safety and health emergency on March 9, followed by a series of executive orders that shuttered offices and businesses and essentially put the state in lockdown. Some of those orders were gradually lifted starting last month, including the reopening of personal grooming facilities and resumption of restaurants offering outdoor dining.

Law firms largely have reopened consistent with the executive orders and best practices for their unique needs. Some have staggered their opening to reduce the number of people on site, and most are reopened to some extent.

The "Roadmap to Resilience" is the second in what will be five total reports from the NJSBA's 13-member Pandemic Task Force.

There are five committees under the task force, with separate chairs for each. Members of the Reopening and Operations Committee say the new report is intended to coach firms on avoiding health concerns and liability by offering best practices and strategies in nine different areas—from in-office health screening and monitoring, to best practices regarding Equal Employment Opportunity Commission issues.

The report is interactive, with links to resources, case law, sample letters and signage. There are also links to resources offering COVID-19-related issues, including daily employee health tracking, law office social-distancing practices and appropriate sharing of elevator rides, as well as cybersecurity insurance policy issues, and how to handle whistleblower complaints.

"We are entering the next chapter in responding to the COVID-19 pandemic," said Christine Amalfe, chairwoman of the Reopening and Operations Committee, and also NJSBA secretary, in a release. "Reopening a firm, whether large or small, will require planning and careful consideration to ensure that everyone who works at a firm or is served by one is protected and safe.

"We understand the need for law firms to open their offices and get employees back to work and have tried to provide meaningful guidance as leadership navigates these uncertain times," said Amalfe, chairwoman of the labor and employment practice, an executive committee member and human resources general counsel at Gibbons in Newark.

The task force's first report, prepared by a separate panel—the Resumption of Jury Trials Committee, chaired by NJSBA treasurer William Mergner—was approved by the NJSBA executive committee and Pandemic Task Force Chairman Thomas Prol, a partner at Sills Cummis & Gross and a former association president.

The report, "Resumption of Jury Trials," addresses the systemic disruption of trials caused by the pandemic and provided a road map for lawyers, their clients, and the judiciary on ways to cope. The report's recommendations were endorsed by the New Jersey Association for Justice and the Trial Attorneys of New Jersey.

"Resumption of Jury Trials" was sent to Chief Justice Stuart Rabner on July 2 with an accompanying letter, and produced on an expedited basis so its recommendations could be considered in tandem with the state Supreme Court's review of the same trial court procedures, which is currently ongoing. The report was made public the next day.

Three more reports will be forthcoming in the coming weeks, according to Amalfe.

"We have tapped the wisdom of firms and experts around New Jersey to provide the best and most current guidance designed to help the legal profession return to the workplace while accommodating government and scientific guidelines essential to protecting the health of the public," Amalfe said of the report.

With the COVID-19 situation fluid and constantly changing, including a surge in positive cases in Sunbelt states in recent weeks, and the growing list of symptoms by the U.S. Centers for Disease Control, the committee noted that the reports should serve as a starting point.

The NJSBA Pandemic Task Force said local, state and federal guidance is modified to address these changing circumstances.

The nine breakout sections in the July 10 interactive report are as follows:

• Law Office Workplace Logistics: This covers ways for law firm leadership to begin planning for a smooth transition to on-site work even though telecommuting may still be the norm.

• Health Screening and Monitoring: This section provides guidelines on prompt identification and isolation of potentially infectious individuals, including mandating regular symptom screening such as daily temperature checks.

• Best Practices Regarding EEO Issues: This addresses how to stay compliant with state and federal EEO laws, the New Jersey Law Against Discrimination, and rules under the Equal Employment Opportunity Commission when navigating return-to-work issues.

• Considerations for Insurance Policyholders: This section addresses the need to update various policies to preserve a firm's rights to coverage and protection in light of the pandemic.

• Whistleblower Complaints in the Time of COVID: This section addresses how to deal with potential whistleblower claims by employees about allegedly unsafe working conditions and requests to work from home, including possible complaints with the U.S. Occupational Safety and Health Administration, the state, and local health departments.

• Legal Liability Considerations: This section offers guidance on legal liability considerations when reopening, such as being up-to-date on all the latest CDC guidelines, and state and federal government responses, including the governor's executive orders.

• Changes to Handbooks, Policies and Procedures: This section advises law firm leaders to be prepared to continuously revise or modify their handbooks, policies and procedures with executive orders constantly being invoked or lifted, or as guidance becomes available from the CDC, or other state or federal agencies.

• Multi-Tenanted Facilities Guidance: This section provides insight for worker safety in multitenanted buildings and guidance how law firm leaders should engage in reopening discussions with landlords, building management teams and fellow tenants.

• Communications Strategies: This section provides tips for law firm leaders on effectively communicating with their team, which includes employees, clients, vendors, and the public. Among them: be direct and forthcoming with information.

About 95% of the staff at Brach Eichler has worked remotely since March 17. Managing partner John Fanburg, who began reviewing the State Bar task force's report on Monday, said the Roseland-based firm has been working under the terms of governor's executive order allowing attorneys  to conduct business in law offices if necessary to carry out their duties and functions of behalf of clients. Only a small number of Brach Eichler attorneys have gone to the office since March 17, when the firm went fully remote, Fanburg said.

Over the last few months, Fanburg said, Brach Eichler has been putting together its own set of protocols and guidelines on its reopening, and the latest Pandemic Task Force report could supplement that.

"The more information provided that can assist law firms in creating a safe environment for their employees and their clients the better," said Fanburg, chairman of the health care law practice and co-chairman of the cannabis practice.