 Best wishes to all of you during these challenging times. I hope this finds you safe and well and that you and your families have been spared the worst of the coronavirus threat. Our healthcare systems are overloaded, we are shuttered in our homes, our businesses are closed, the state of the economy is uncertain, we are worried about our jobs, and far too many people have died. These are overwhelming circumstances, and, yet, we are seeing profound examples of courage and sacrifice every day. But isolation, uncertainty and stress can be hard on all of us. Here is what I recommend. Susan’s Favorite Ways of Coping With the Pandemic First, think about VIRTUAL HAPPY HOURS. I have been doing this for years with my “away” friends, and it is more important now than ever before. Just pour a glass of your drink of choice (wine, alcohol or not) and call a friend who is doing the same. Or, even better, add visuals on FaceTime, Skype or Zoom. You may have to get dressed or comb your hair for this option, but no pain, no gain. You get to see your friends and toast to better days ahead — always a winning combination. So do Happy Hour pandemic style. Share some love and have some laughs that we all need these days. It is guaranteed to make you feel better. And second, remember that “stressed” spelled backwards is “desserts.” This is where being a wordsmith comes in very handy. Do not forget the benefits of CHOCOLATE. WHAT’S UP AT BEST FRIENDS AT THE BAR? These days, the focus for Best Friends at the Bar is on staying at home and following the guidelines from my new pandemic hero, Dr. Anthony Fauci. I am fortunate that my office is in my home so the work continues pretty much as usual. All my speaking engagements have been cancelled or rescheduled, of course, but I keep busy with blogging, writing articles, and planning for future webinars. Webinars and podcasts are great ways to communicate during these days of isolation. Let me know how I can help you. Here is a sampling of some of my recent blogs that you may find interesting.
And here is a link to my most recent article published in the ABA Journal. It is a retrospective on the Best Friends at the Bar project after more than thirteen years. Yes, time flies when you love what you do. I am proud of the body of work, and I look forward to building on that foundation for the future. NEW DEVELOPMENTS Law Firms Grapple with Business Not So Usual Law firms are facing so many difficult decisions as a result of coronavirus and the economic downturn. This pair of unwelcome visitors has turned law practices topsy-turvy, and it is taking every possible technological advance to keep the teams going. So far, the results are impressive. Managers and team members alike are stepping up to the challenges, and Skype, Zoom, Teams and WebEx are the new substitutes for traditional office “face time.” Of course, expenses pile up, and revenues may not be coming in as planned. That often means chipping away at payroll. This is when law firms need to be looking at relative pain with the recognition that all lawyers are not equally situated financially. This is where empathy, compassion and effective leadership come in. This is the time for supportive messages from the top to the bottom in the effort to develop loyal and satisfied work forces. Fortunately, we are seeing this kinder, gentler approach as firms cut partner draws by as much as 30%, to allow for reduced percentage cuts to non-equity partners and associate lawyers. Some furloughs have occurred among the professional staff, but outright firings have been kept to a minimum so far. These kinds of management decisions are a credit to the profession. Click on this link to learn more about a different business case for holding back on profit distributions during the days of coronavirus. Proper Litigation Etiquette During COVID-19 Federal magistrates have their limits with the histrionics of counsel. Below is how one such magistrate, in the Southern District of Florida, responded to motions about scheduling depositions during the pandemic, as described by Above the Law: “The case is CW v NCL (Bahamas) Ltd, No. 19-cv-24441 (SD FL), and it started as a scheduling “snafu” over a corporate representative deposition. Which really — even absent COVID-19 — shouldn’t be that big of a deal. But the plaintiff unilaterally scheduled the deposition and defendants filed an emergency motion for a protective order, and well, Judge Goodman has had just about enough of this foolishness.” Here is an excerpt from the magistrate judge’s order: Presumably, the parties will reschedule the hearing if they still can’t on their own resolve a routine deposition scheduling snafu. Nevertheless, I feel compelled to offer some observations in the “let’s-keep-things-in-perspective” department. The entire world is in the midst of a pandemic. Thousands of people worldwide have contracted the Corona virus and there have been hundreds of virus-caused deaths in the United States. Millions of Americans have been ordered to remain in their homes. Millions more have lost their jobs in the past two weeks. The stock market has taken a brutal beating in the last two to three weeks. Many people are scared. Others are panicked. Everyone is unsure about the future. Cruises have been canceled and all the major airlines have severely curtailed their flights. We are living in an unprecedented situation. Nevertheless, the lawyers in this case have been exchanging snippy emails over the past two weeks over the scheduling of a corporate representative deposition. Moreover, defense counsel certified that this routine discovery dust-up is so important that it merits “emergency” status. No, it doesn’t. Not much ambiguity there. What’s Happening with July Bar Exams? As you may know, July 2020 bar exams are being cancelled across the country due to issues related to COVID-19. And there are a variety of suggestions on how to handle licensing May 2020 law school graduates. Some of the options being discussed include: “Emergency diploma privilege,” which is waiving bar exam passage for Spring 2020 law graduates; apprenticeship/CLE requirements in lieu of bar exam passage; rescheduling July bar exams to September or October for the year 2020; rescheduling July bar exams to February 2021; and, most recently, online administration of the Multistate Bar Examination. To say the least, it is complicated. Here is my take. As you can see from that blog, I am not a fan of diploma privilege. But, as usual, there is another side. In this article, the State of Wisconsin diploma privilege program is defended as part of the author’s premise that bar exams are not accurate measures of competence to practice law. (I could be persuaded if it meant that more law schools would produce practice ready lawyers.) That’s a Wrap! Are you interested in an event at your law firm, law organization or law school? Law firm retreats are the perfect place for my programs, and I really enjoy contributing to those events. See my website for venues where I have spoken and endorsements from clients, and contact me for program descriptions and scheduling. You also are invited to Be My Guest! by contributing a column to a future newsletter. It is a good way to connect with my readers and add to your networks. Buy My Books on Amazon.com and from Wolters Kluwer/Aspen Publishers direct from my website. All of my blogs are reprinted on my Facebook, Twitter and LinkedIn pages, and most of them also are reprinted on the Ms JD website. Click “share” and re-tweet to move them on to others and show your support for BFAB. See you next in the May/June 2020 newsletter when I hope we all will be in better places as the pandemic becomes less severe. Until then, stay safe, stay well, stay home. Keep up with me on:
|
