10 minute read
Coronavirus creates a new
CORONAVIRUS CREATES A NEW REALITY FOR LEGAL COMMUNITY CORONAVIRUS CREATES A NEW REALITY FOR LEGAL COMMUNITY
by tom hayden
Law firms across Southwest Florida, like most businesses, are finding new and creative ways to connect with clients as the coronavirus turned normal realities into the new normal, and social distancing and virtual communication became the way of life. No one expected such a dramatic change in daily living as thousands became sick, many have died, healthcare facilities and first responders were overwhelmed and Florida and most states enacted stay-at-home orders for people except when essential services were needed. Those essential services include law firms, because no matter the crisis, clients still need legal advice and resolution in every area. The impact on the legal community is unprecedented. Face-to-face meetings are out. Most courtrooms are quiet. Many businesses, represented by firms, have endured severe cuts to revenue, were forced into layoffs and closures. Firms are assisting people who file for unemployment where the demand is so great state and federal systems can’t keep up. The federal government offered loans to businesses through the CARES Act, as well as passing a $2.2 trillion stimulus package for individuals, businesses and the healthcare community to help the American people through this financial crisis. Navigating this new normal is complex, complicated and filled with many questions.
“As layoffs start occurring in bulk, labor law questions are way up,” said Matthew S. Toll, Esq., of TOLL LAW. “People are already asking for payment plans to be paid once their “government virus check arrives.” There are tons of questions and Lee County Bar Association members are going virtual to answer them. Many law firms are connecting with clients through virtual conferencing, using ZOOM or other platforms. Phone conversations are on the rise. Law firms are offering links to need-toknow information, and drive-thru conferencing is even available. The team of lawyers at the law firm of Henderson, Franklin, Starnes & Holt, Pa., wrote several online articles containing valuable information on a variety of topics, including “COVID-19: Understanding the SBA Paycheck Protection Program Loan under the CARES Act and “COVID-19: Impact on Real Estate Contracts and Closings.”
CORONAVIRUS CREATES A NEW CORONAVIRUS CREATES A NEW
REALITY FOR LEGAL COMMUNITY REALITY FOR LEGAL COMMUNITY
“We launched a task force and are feverishly writing and speaking to update our clients on all aspects of COVID-19,” said
Gail Lamarche, director of marketing and business development for
Henderson, Franklin,
Starnes & Holt, PA. ‘We are using Zoom and Go-To-Meeting and Go-To-Webinars. We also have a drivethru conference room in Fort Myers.” With many court cases and trials on hold until the pandemic eases, attorneys are advising clients the best they can, but the legal ramifications could be extensive.
“… Contracts are going to be breached left and right with impunity,” said Toll, who has put a temporary hold on any “work stop” letters or motions to withdraw for nonpayment of fees and costs. “People trying to feed and protect their families are not going to care about much else.”
The Hon. Mary Evans, Charlotte County Circuit Judge for the 20th Judicial, was one of the first to use the interactive video platform Zoom as a way to keep her docket of family court cases moving. “Many people don’t have transportation and this was an easy fix,” said Evans, former president of the Lee County Bar Association. “We can host a meeting and you can sit at your dining room table.” On the Zoom video conferences for her dependency, sheltering, adoption and other domestic cases, she typically gathers case workers, attorneys, representatives of the guardian ad litem and foster care programs, Department of Children and Families representatives and family members. They can see each other, present their cases and at the end Judge Evans determines the best course of action, either continuing the case or recommending resolution. Had she not used Zoom, Judge Evans says the backlog of cases when she would have been able to resume in person hearings would have been staggering. Now, she can limit the waits for families seeking resolution or reunification. “And families suffer desperately,” Evans said, noting the variety of reasons families are separated because of abuse, divorce, financial uncertainty and health issues. Protecting the rights of families and children is so important to Evans, she emailed Gov. Ron DeSantis about the urgency of family protections in these
difficult times. A sampling of what she posted on her Facebook page: “... I have already heard of cases where parents have imposed a “self quarantine” simply because they can: the parent with the stronger personality just dictates to the other parent. If child exchanges cannot occur as usual, with whom do the children stay for thirty days? That is a long time for a child to go without contact with the other parent. Video conferencing is not the answer as it is not substitute timesharing for very little children. In addition, even before the virus, I presided over cases where one parent didn’t want their children to Facetime the other parent because the other parent “can see inside my house.” I understand wanting to protect citizens from a potentially-deadly virus, but I am concerned the damage from parental alienation that can occur in thirty days’ time will be far more harmful to children.” Matt Roepstorff, president of the Lee County Bar Association, knows these unprecedented times, have brought anxiety, stress and threatened the livelihoods of firms and their clients. He also sees the resiliency of many of his colleagues. “From an operational standpoint, you are seeing the benefits of those firms who invested heavily
in technology and the technology infrastructure,” he said. “They are working remotely from home. They don’t need physical office space.” Roepstorff also commended The Florida Bar for offering helpful tutorials on working remotely and using vendors for virtual meetings and other virtual communication. “We promote that the best we can,” he said. The impact on pro bono services also is significant. Florida Rural Legal Services saw an increase from the low-income and indigent populations that may not have immediate access to technology but need help. It’s significant because about 40 percent of those households experience a legal problem at least once a year, according to FRLS. Shanthy Balachanthiran, Esq., clinic director and supervising associate at FRLS, said they were able to roll out new telecommunicating tools to staff and provide new protocol and procedures. “Clients have been contacting us more than usual with serious concerns about their legal matters, often expressing extreme anxiety and desperation,” Balachanthiran said. “We held programwide discussions concerning ethics compliance and rules of professional responsibility and telecommunicating. Once we completed these preliminary steps, we rolled out technology tools that permitted us to be able to make the shift efficiently.” FRLS was able to secure Wi-Fi hotspots for team members, especially those working in remote areas, such as Immokalee and Arcadia. Face-to-face meetings may have stopped temporarily, but FRLS is assisting clients in 13 counties through technology communications. “Even though we have transitioned to telecommuting, these tools have allowed FRLS to remain open for services in order to continue assisting our communities and those who are most in need,” Balachanthiran said. Although some law firms are still taking in-person meetings but providing information on how they are sanitizing their offices, most firms have gone to virtual conferencing to assist clients. The Law Office of Kevin F. Jursinski & Associates provided this message on its website: “We are taking the steps necessary to protect our most important assets: our staff and our clients all while continuing to progress our cases and keep small business working.” The Martin Law Firm, P.L., is offering historical perspective and an uplifting message on its website: “In our office, we remember the challenges and anxiety that our community suffered after we were struck by Hurricane Irma in 2017,” said managing partner Steven E. Martin. “What was remarkable was how quickly the community came together after that event and how quickly the economy and local area recovered. I have the opportunity to speak with hundreds of members of the community a year and so I can say with confidence that we will be back to normal as soon as possible.” Quiet courtrooms are putting a financial strain on law firms who specialize in criminal and family law. “They have taken a really hard hit,” Roepstorff said. “Unless they have a critical or essential proceeding as deemed by the State Supreme Court, they are not able to do a whole lot to move a case forward. For a lot of firms, they have to delay payments or late fees, but most firms will be flexible for the client.” Roepstorff said a lot of firms have transitioned to telephone or virtual deposition to move a case forward. Other judges, like Evans, are also hearing cases virtually if it has been approved in advance.
INFORMATIONAL MATERIALS
Informational articles, written by Henderson Franklin attorneys, through the firms website at henlaw.com/newsinsights/coronavirus-covid-19/
CARES Act Payroll Protection Program Update: SBA Issues Some Guidance and Sample Application, by Michael Lehnert:
Article looks at “the unforgiven portion of any PPP loan will have a maturity of 2 years and a 0.5% interest rate and SBA loan forgiveness rules, among other issues.
“The Impact of the Coronavirus Aid, Relief and Economic Security Act,” by Erin Houck-Toll and Sara Qureshi.
Article focuses on tax-favored withdrawals from retirement plans, small business loans, temporary waiver of required minimum distribution rules, business losses, employee retention credit for employers subject to closure and suspension from excise tax, among other issues.
“COVID-19 Impact on Real Estate Contracts and Closings,” by Kaylee Tuck.
Article focuses on options and steps with your real estate attorney, contract extensions, proper resources to continue with property closings remotely and leasing strategies.
“Trade Secrets and the Remote Workforce,” by Mark Nieds.
Article looks at remote workforce tools, protecting trade secrets and keeping them confidential through employee awareness, limited access to sensitive data, watching for red flags and remote security, among others.
Members of Lee County Association for Women Lawyers (LCAWL) attended a chunky blanket workshop at AR Workshop Cape Coral. Fun was had by all at this sold-out event held in February before the Coronavirus forced everyone to stay home. 1. Tasty treats and mimosas. 2. Vera Bergermann, Kathleen Fitzgeorge, Andrea Smith & Mentee 3. Denise Wheeler Wright and Sydney Campbell receive help from AR Workshop Employee 4. John Webb and Eviana Martin 5. Kim Collins and Kati Cook 6. Kim Collins, Kati Cook, AR Workshop Employee, Alyssia Ballard, Tiffany Pereira 7. Lauren Baugh, Liz Auersan 8. Kim Collins, Kati Cook, Alyssia Ballard
1
4
5 2
6
THE APPELLATE GURU
• Civil • State & Federal • Family Law • Probate & Guardianship • Land Use
Call the Guru for all your Appellate needs!
Christopher D. Donovan
239.213.3865 | cdonovan@ralaw.com
ralaw.com | Roetzel & Andress, A Legal Professional Association
How We Work Together:
• We want to understand what’s important to you.
We’ll use an established process to build personalized strategies to help you reach your goals.
• We will partner together throughout your life to help keep you on track.
Brad Jessen
Financial Advisor
Proudly Helping Families & Businesses Organize, Analyze, Preserve, and Transfer Wealth
Member SIPC
12016 Matlacha Blvd, Suite C Matlacha Isles, FL 33991
Approaching mediation with the experience of a litigator, the impartiality of a neutral, and the determination of an active problem solver.
Certified Circuit Civil Mediator employment cases • business disputes • civil litigation Board Certified in Labor and Employment Law Conducts investigations of workplace issues/employee complaints and audits of workplace practices for businesses throughout the U.S.
Experience with private and public entities.
