Democracy and basic civil liberties have taken a major blow and the leaders of this country don't even recognize that.

What is happening to our civil rights and liberties? I am a young attorney who is suffering from the shutdown of businesses, and I don't understand why this is acceptable.

Samuel C. Stretton.

Unfortunately, America has become a nation of cowards. Past generations would never have stood for this gross restriction of civil rights and liberties. In essence, every American has been placed on house arrest. Almost every business has been closed down, which is a disaster in the making for small businesses. The problem is enough funding for loans doesn't really exist for small businesses. The $10,000 Disaster Assistance Loans are only payable to employers of small businesses at a rate of $1,000 for each employee. That $10,000 then becomes a mere $1,000, $2,000 or $3,000. Paycheck Protection Program loans through the bank are not helpful since the banks say they don't have enough monies, and if you did not have a checking or business account with them prior to the disaster, don't even bother applying.

A lawsuit was filed with the Pennsylvania Supreme Court challenging the restrictive order. The court shockingly agreed that the governor has these powers and rights. People live in terror. They are afraid to walk out of their homes. People seem willing to give up their liberty and freedom and to accept these unconstitutional restrictions. That is not the spirit of liberty and that is not the spirit of a nation that was founded on the principles of democracy and freedom. Obviously, there are steps that had to be taken to deal with this virus, but the steps that have been taken are extreme, over the top, and are destroying many people's lives and livelihoods. Further, these misguided orders involve taking away what is the essence of American civilization, freedom and liberty. The court systems have upheld these orders.

Court systems have closed down making it difficult to litigate issues. More importantly, the court systems could have adjusted by just limiting the number of people. Every court system has what you call mass cattle calls. Obviously, that would not be wise, but there is no reason not to list scheduled trials. Instead, everything is closed down. If a trial is ready, it is listed. The other trials should be continued without having all other persons in the courtroom.

The legal profession used to stand up to these kinds of issues, but the legal profession and bar associations have joined in and acquiesced. Justices in the Supreme Court are acquiescing.

These are sad times and there are no inspiring or enlightened leaders. There are no people who really seem to understand the great civil rights that are being forfeited. Now, there is strong precedent of limiting these rights in the future under the guise of a crisis, even if that crisis isn't as severe as the panicked newspaper reports make it seem.

Democracy and basic civil liberties have taken a major blow and the leaders of this country don't even recognize that. The citizens have accepted it also, and that is shocking. It is shocking there aren't massive protests all over. It is shocking there aren't brave judges who would write opinions stopping these kinds of massive curtailments of basic freedoms. The most important role of a judge is to uphold the Constitution, and to protect the liberties and rights of its citizens. Of course, judges have a purpose to resolve suits, provide trials, and protect rights and liberties through criminal litigation, but the most serious violations of civil liberties in this writer's lifetime are currently going unquestioned and accepted. No judges are speaking out. Everyone is too afraid to stand up. If this was 1775, England would still govern America.

In recent years, it has been questioned whether America has the will to fight another war, but that's not the present issue. The real issue is, does America have the will to remain a vibrant democracy? That answer apparently is no. It is a crying shame and a great tragedy that values and principles in this great nation have been reduced to illegal orders taking away all of our rights and liberties. One can't even go to see their parents or visit others right now. If and when the country ever restarts, here is hoping that the next generation will have the spirit again to want to have the basic liberties and freedoms, and to fight for them. This generation of leaders and citizens have failed miserably in that regard.

Lawyers must keep their clients advised in these difficult times.

What do I do as a lawyer for my clients when all of the courts are closed, and nothing is happening?

This is a difficult time for lawyers. It wouldn't surprise this writer if some law firms cease to exist, or at least, lawyers had to give up their offices, and work out of their homes for a while. It is a very, very difficult time.

The critical thing for a lawyer and their clients is to keep their clients advised. If courts are closed, notify the clients, and notify them of any new dates that are given.

It would be a good time to work on a client's case if the lawyer is in a position to do so. Research and investigations can take place within reason.

The most important part in dealing with clients is to keep them informed since Rule 1.4 requires regular communication, and the need to be ready once the court moratorium is lifted and cases start to be tried again. The attorney has to remain diligent under Rule 1.3.

Even more important is for a lawyer to be completely honest with their clients. Let them know what is going on. Do not mislead them in any way, shape, or form.

If a client owes monies, now is a good time to try to collect those monies. Hopefully the legal fees will be available by the time of trial, but unfortunately, most people laid off don't have jobs anymore so collecting monies is going to be difficult.

If the client is now unable to pay the legal fees, perhaps the lawyer should consider seeking to withdraw if a substantial portion of their legal fees remains unpaid. If that is the case, the lawyer should write a letter or talk to the client and attempt to work out a payment plan. If the client is unable or unwilling to do that then the lawyer has to make a choice with regard to whether they want to withdraw from the case or continue on with the hope that someday the client might pay.

The old wisdom, which is probably even truer now than it was in the past, is that once the trial is over, the lawyer will never get paid. If the lawyer loses the case, or if it is a plea agreement the client doesn't want, then the client has no incentive to pay. The client figures they could have gotten the same result themselves. If the lawyer won the case, the client has no reason to pay since there is no stress on the client anymore, and the client assumes the lawyer is richer than they are, and therefore can better shoulder the financial burden.

Every lawyer knows that it is a very foolish thing to sue a client. First, it takes a lot of time and effort. Second, most clients have no monies to pay even if there is a verdict. Third, if the client is sophisticated or mean, they might file a counterclaim for legal malpractice, which would create problems for the lawyer to defend, or if the lawyer has malpractice insurance, the lawyer would have to put their insurance carrier on notice, and then the lawyer would have to pay the deductible. Therefore, most experienced lawyers do not sue clients for fees because there are too many collateral consequences, and it is too time consuming.

The most important thing is for a lawyer to maintain their professional attitude as best they can. It is difficult for a lawyer to do that when there is no money coming in, bills are piling up, and the lawyer may have to leave their office because the rent might not be able to be paid. The key is to be realistic with what one can do or not do for a client. Lawyers should make effort to get out of cases if the clients aren't going to or are unable to pay fees due. A lawyer must be totally candid and honest with the client and keep them informed while the lawyer is still involved.

A lawyer, also in these difficult times, owes a duty to the court to keep the court advised. A lawyer cannot just withdraw unilaterally from a client's case if the case is pending. The lawyer has to petition the court to do so. If the court orders a lawyer to stay in the case, the lawyer has to bite the bullet and try the case, as distasteful as that may be.

Despite these difficult times, lawyers must always be professional. As a professional, a lawyer must remember that their business interests always have to come secondary to their professionalism. The Code of Professional Responsibility requires all lawyers to recognize their duty and responsibility to their clients and approach this duty in a professional manner.

Chester County lawyer Samuel C. Stretton has practiced in the area of legal and judicial ethics for more than 35 years. He welcomes questions and comments from readers. If you have a question, call Stretton directly at 610-696-4243 or write to him at 301 S. High St. P.O. Box 3231, West Chester, Pennsylvania, 19381.