The COVID-19 in Texas Dashboard as of June 26, 2020 showed 131,917 reported COVID-19 cases in Texas and 2,296 Texans who have died.

With COVID-19 cases spiking in Texas, prompting Gov. Greg Abbott to pause the state's reopening progress, leaders of firms in the Lone Star state are carefully eyeing the spread of the coronavirus, and some are thinking about scaling back their office reopening.

On Thursday, a record of nearly 6,000 new COVID-19 cases was reported in Texas. While putting a hold on his reopening plan for Texas, Abbott also ordered hospitals in counties where Houston, Dallas, Austin and San Antonio are located to suspend elective surgery to free up space for COVID-19 patients.

The coronavirus has even infected prominent Houston trial lawyer Stephen Susman, the founder of Susman Godfrey, who already is recovering from a serious cycling accident in April. Susman's wife, Ellen, reported in a CaringBridge posting this week that he was diagnosed with COVID-19 on Sunday as well as underlying pneumonia.

"We are heartsick that our valiant warrior has another battle," she wrote about her husband, who is currently at TIRR, a rehabilitation hospital in Houston, where he is recovering from the serious accident.

The rising number of cases and hospitalizations in Texas is concerning to managing partners of firms in Texas that have reopened offices to varying degrees over the past few weeks. Lawyers and staff started returning to offices in Texas on May 1, after Abbott issued an order allowing for a phased-in reopening of Texas businesses. But, not all firms were ready at that point, with many continuing to have lawyers and employees work remotely.

Dale Jefferson, managing partner of Martin, Disiere, Jefferson & Wisdom, said the growing numbers of COVID-19 cases in Texas since Memorial Day is very concerning, and the firm will scale back its reopening.

Jefferson said the move back to Martin Disiere's offices started in May, culminating with everyone except those at high risk working at the office five days a week by the first week of June. But the firm scaled back to four days in the office, he said, after a staff member in Dallas and an attorney in Houston tested positive for the coronavirus.

While the in-office work arrangement has worked well, Jefferson said, it will change in the near term, due to the dramatic rise in coronavirus cases in Texas.

"It's probably going to be two or three days a week," Jefferson said, noting that he is watching the statistics.

"In light of the upcoming [July 4] holidays and the upward numbers, we are for the month of July working from home more and the office less," he said.

Despite Abbott's guidance, many Texas firms eased gradually into reopening during May, but not Houston trial firm Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing, which reopened its office in downtown Houston on May 4.

Managing partner John Zavitsanos said the vast majority of the firm's lawyers and staff have been working in the office since then, with the exception of a few who are high risk or do not feel comfortable coming to the office. But, Zavitsanos said, the firm is watching the recent increase in COVID-19 cases in Texas.

"We are monitoring the situation, and if these numbers continue—and I think everybody hopes they won't—we will reassess in the next week or so," he said.

He said the wife of an employee recently tested positive for the coronavirus, and while the employee tested negative, the firm brought in a private lab at the firm's cost to test anyone who wanted it. He said it was voluntary, but most employees were tested.

"We are taking this very seriously. We don't want anyone getting sick," Zavitsanos said.

It may be less of an issue for firms that have continued to operate with most lawyers and staff working remotely.

Thompson & Knight approached reopening very deliberately, managing partner Mark Sloan said, adding that the firm's offices in Houston, Dallas and Fort Worth have only been open on a limited basis for the last three weeks. He said they have not yet reached 25% capacity in any of them.

"Lawyers can come in for urgent client business that they need to be in  the office to get it done, for instance, a deposition," said Sloan, who noted that he's only been in the office once since remote work began in March.

The limited reopening has been working well, and Sloan said he doesn't expect the firm to make changes anytime soon, even as he's watching Texas' rising number of COVID-19 cases and hospitalizations.

"Unless the governor would come in an issue a new stay-home order—which frankly I don't see that happening—I don't see us closing down our offices," he said.

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