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INTERVIEW: How COVID Changed the Courtroom (and the Future of Law)

When COVID-19 struck the United States in January of 2020, every industry in the United States (and, really, the world) was shaken. It forced everything from mom-and-pop restaurants to the largest law firms to send employees home, left to their own devices to figure out how to run a business from miles away. This problem was particularly evident for those in the legal industry. As the pandemic continued into April, firms began to take drastic measures in response to decreased demand for legal services. Many law firms opted for pay cuts, in an attempt to save as many jobs as possible. However, some firms were still forced to lay off paralegals, attorneys, and other legal professionals[1].

While the demand for legal services subsided at the beginning of the pandemic, there was no decrease in the need for legal services[1]. After all, the pandemic provided a bevy of new legal questions that attorneys and clients alike had to ponder. So, while people weren’t speaking with lawyers during the height of the COVID-19 pandemic, a backlog of people needing legal help was growing quickly. Although business was down during the height of the pandemic, two attorneys, Nancy Rapoport and Joe Tiano Jr. predicted that the pandemic would only cause temporary struggles for the legal industry, while also forcing old-school firms to innovate.

Nancy is the Garman Turner Gordon Professor of Law at the William S. Boyd School of Law, University of Nevada, Las Vegas (UNLV), and Joe is a former lawyer turned businessman who founded Legal Decoder, a legal tech software that optimizes efficiency and pricing uncertainty. Together, they authored The Legal Industry’s Second Chance to Get it Right, which foresaw the legal industry’s comeback in February 2021, and they offered their insight on the future of law in an exclusive interview with AXEL. 

How COVID Changed the Courtroom

“All of the stuff that we thought we knew about the practice of law has been wrong,” Rapoport says. Regarding the pandemic, she says, “it gave us a chance to rethink what a law practice should be.” While nearly every industry had to learn new things like Zoom meetings at the beginning of the pandemic, legal professionals faced unique challenges.

“The inability to read a witness’s or deponent’s body language … Doing it over Zoom is a challenge,” Tiano said. “You can’t read body language. It’s kind of hard to see inflections … It had to be an enormous hurdle for any lawyers who’ve been practicing the same way for decades.”

In addition to these remote depositions, the COVID-19 pandemic introduced new ethical dilemmas for legal professionals as well.

“There are now cases saying ‘Lawyers, stop texting your clients’ answers.'” says Rapoport. She describes a case where attorneys would communicate with witnesses during testimony through email, an impossible task to pull off in a physical courtroom. “No one does that because it’s unethical, but now we have to come up with all of these new ways of dealing with court and mediations, bringing people into separate rooms, dealing with witnesses.”

The Legal Industry’s New Challenges

Even before COVID-19, some observers predicted a radical change in how firms charge their clients[2]. For years, law firms big and small have used the “Billable Hour” model, a simple formula where a firm charges the client a certain cost per hour. Put simply, “[the billable hour] is the economic model upon which a law firm operates,” Tiano says.

After the pandemic hit and the demand for legal services dropped, many predicted that this radical change would finally occur. However, the industry-wide shift to alternative pricing agreements never came, even with the massively decreased demand for legal services at the beginning of the pandemic. But why didn’t alternative pricing become the norm, especially in a time as volatile and tumultuous as the pandemic? As Rapoport humorously puts it, “the billable hour is easy for lawyers because we’re not good at math.”

But just because it’s the most common pricing agreement doesn’t mean it’s the most efficient. “If we used data and we figured out other ways to value delivery of services, we’d all be better off,” Rapoport says. “[The billable hour model] encourages piling on of work, and it encourages slow work, neither of which a good lawyer should want to do. But if that’s the reward system, it’s very hard to break away from that. I would love to see people use data better, to rethink how they adjust the value to clients.” As Tiano succinctly puts it, “there’s a fallacy that every hour is equal in value.”

In addition to the continued use of the billable hour, law firms also face new challenges related to the rise of at-home work. “One of our biggest worries is how the newest professionals are going to get trained and socialized,” Rapoport says. A common problem among many offices since the pandemic, the lack of socialization for new employees can affect everything from office camaraderie to firm loyalty. And with at-home work becoming more and more normalized, these anxieties that firms and businesses face are unlikely to go away any time soon.

Finally, as the pandemic wanes and legal demand increases, law firms face a unique problem: “One of the biggest challenges that firms are having today is keeping their personnel, because they have too much work,” Tiano says. Although the legal industry started to bounce back when COVID vaccines became readily available, the industry soon came across new problems. The sheer amount of work has caused firms to lose personnel, risking the continuation of the legal industry’s comeback after COVID-19.

Legal Tech: Tool or Replacement?

Rapoport and Tiano see the benefits of legal software as complementary, but are skeptical about the technology replacing skilled lawyers regarding the ever-growing legal tech industry. As Rapoport says, “there are some things that computers are better at than lawyers … They can do things all day long in nanoseconds.” There is no shame in using the tools available to lawyers, especially if it helps increase efficiency. However, Rapoport warns that “if we’re not careful about how we use technology, we’re going to create a generation of untrained professionals who will become senior without knowing how to do things.”

“We’ve got to make sure technology augments what lawyers do, rather than replacing the skills that lawyers uniquely bring to the table,” Tiano says. “It’s very difficult to counsel a client from a legal, psychological perspective if you’re a piece of software.”

However, just because Rapoport and Tiano see legal tech as a complementary tool for quality attorneys does not mean that technology won’t replace second-rate lawyers. Rapoport warns: “For lawyers who are good counselors, there’s no software in the world that replaces that. For lawyers that fill in the blanks, their days are numbered.”

The Future of Law

Legal tech is unlikely to replace every lawyer any time soon. As Tiano says, “I don’t see technology replacing lawyers. I see it amplifying what lawyers can do and supplementing their processes.” But just because your next traffic court lawyer is unlikely to be a software program doesn’t mean legal tech can’t help lawyers increase efficiency. Legal tech saves firms and clients both time and money. It’s a valuable tool that, when used correctly, can help clients and firms in a myriad of ways.

[1] Wittenberg, Daniel. “The Pandemic’s Dramatic Effect on the Business of Law.” Americanbar.org. American Bar Association, October 28, 2020. https://www.americanbar.org/groups/litigation/publications/litigation-news/business-litigation/the-pandemics-dramatic-effect-the-business-law/

[2] Ambrogi, Bob. “Guest Post: Beating the Alternative – Why the Billable Hour Is the Truest Representation of Cost.” LawSites, August 25, 2021. https://www.lawsitesblog.com/2021/08/guest-post-beating-the-alternative-why-the-billable-hour-is-the-truest-representation-of-cost.html

For Here or To Go? Remote Work, Hybrid Offices and the Future of the Workplace

In March 2020, traditional offices were shaken by the beginning of the COVID-19 pandemic. Employees were forced to work from home, forced to learn new software and techniques just as the stress and worry of the pandemic reached an apex. For the first few months of remote work, employees learned how to do their jobs remotely, while offices remained ghost towns. Both employers and employees were stressed not only about the pandemic, but about when offices could finally reunite.

While the pandemic is waning in the United States, remote work has stayed, at least for traditional office jobs.  And while some offices are transitioning back to physical workplaces, many companies are doing away with mandatory in-person work. Now, employees know efficient strategies for working remotely. And many have realized the conveniences of working from home: No more commutes, more time to watch children, and a healthier work-life balance. With both employers and employees singing the praises of remote work, it’s fair to ask: What is the future of the workplace?

Opinions on Remote Work

Generally, employees like hybrid work more than employers. 55% of employees prefer working at home at least three days per week, while 68% of executives believe workers should be in the office at least three days per week [1]. This disconnect highlights the murky future of work in the United States. Employers want to maintain a strong company culture, while employees want to keep the massive benefits that come with at-home work.

And even though the United States is on the back-end of the pandemic, executives still aren’t sure what the future holds. 60% of respondents to a McKinsey survey stated that their employer’s workplace plans for after the pandemic were either vague or nonexistent [2]. Some executives have shown a willingness to continue remote work indefinitely, while some want in-person work to return soon. In fact, Goldman Sachs CEO David Solomon called at-home work ​​“an aberration that we are going to correct as quickly as possible [3].” 

However, it is simply too early to know what the future of office work is. Of course, not every workplace has the option to work remotely. Food service workers, healthcare workers, and others simply don’t have the option to work from home. McKinsey’s study notes that a shift to remote work could further inequality, as remote work is likely only to be offered to highly educated, well-paid employees [4]. So while traditional offices may continue the transition to remote work, the debate around in-person versus at-home work simply doesn’t apply to all workers.

Is Hybrid the Future?

But for those occupations that have shifted to remote work during the pandemic, could a compromise between employers and employees be the future of office work? A hybrid model combines remote and in-person work at a workplace. Some (or all) employees have the choice to work at home, at the office, or a combination of the two. This flexibility was necessary during the height of the pandemic, but as the country returns to normalcy, employees have gotten used to the convenience of at-home work. And the benefits extend to employers as well, as remote work means fewer costs for physical workplace expenses, including rent and office supplies.

So if there are so many benefits to remote models, why are many executives wary of this potential change? Fear of change, productivity concerns, and protecting company culture are just a few of these anxieties. However, recent studies have found that productivity has either been stable or actually increased during the transition to at-home work, in spite of technical challenges, family responsibilities, and pandemic-related anxieties. A Forbes study found that most workers thought that their per-hour productivity increased while working remotely versus in-person work [5].

Challenges of Hybrid Work

While there are benefits that come with a hybrid model, there are undoubtedly downsides as well. One well-known detriment of remote work is the social isolation that comes along with it. While staying at home can be convenient, it can also prevent workers from forming personal relationships. It could lead to fewer opportunities to learn skills that are necessary for career advancement [6]. 

In addition, there is a generational divide on opinions of at-home work as well. Although some may assume younger generations are more comfortable with remote work, the opposite is true. Members of Gen Z have more concerns about remote work than older generations. They list the lack of networking opportunities, few genuine connections, and general isolation as the downsides of at-home work [7].

However, hybrid models try to mitigate these drawbacks as much as possible. After all, a hybrid model offers both in-person and at-home work. So while these downsides could still exist, they could be minimized in a hybrid workplace.

Tips to be a Successful Remote Worker

Although the pandemic is winding down, it’s important to know some tips and tricks to ensure you stay productive and happy during your shift.

  • Communicate: Without in-person meetings and checkups, everyone has to know their responsibilities. While it can be tedious, this means emailing superiors, asking questions, and being in contact with other coworkers. Clearly communicating with everyone helps ensure that tasks don’t slip through the cracks.
  • Structure: Make a schedule to follow every workday. Plan specific hours to work on a project, and stick to the plan! Structuring your workday helps ensure you remain focused on specific projects, and also helps keep your work life and home life separated.
  • Visit: Whether it be a trip to the office for a short meeting, or a couple hours at a local coffee shop, getting out of the house is important. Not only does working from a different location prevent feelings of burnout, but a new location can boost productivity as well. Do work tasks at different places to see where you feel most efficient.

Overall, becoming a successful hybrid worker is about finding what makes you most comfortable. If you love talking with coworkers at the water cooler and enjoy the structure of a physical workplace, then in-person work may be for you. But if you feel more comfortable and productive at home, remote work may keep you at top efficiency. Either way, hybrid workplaces offer workers that choice, ensuring that every worker can be both comfortable and efficient at their job.

[1] Gurchiek, Kathy. “Hybrid Work Model Likely to Be New Norm in 2021.” SHRM. July 06, 2021. https://www.shrm.org/hr-today/news/hr-news/pages/hybrid-work-model-likely-to-be-new-norm-in-2021.aspx.

[2] Alexander, Andrea, Aaron De Smet, Meredith Langstaff, and Dan Ravid. “What Employees Are Saying about the Future of Remote Work.” McKinsey & Company. July 15, 2021. https://www.mckinsey.com/business-functions/organization/our-insights/what-employees-are-saying-about-the-future-of-remote-work.

[3] Blenford, Adam. “Remote Work Won’t Be Going Away Once Offices Are Open Again.” Bloomberg.com. March 5, 2021. https://www.bloomberg.com/news/articles/2021-03-05/work-from-home-workplaces-will-let-employees-mix-home-and-remote-work.

[4] Lund, Susan, Anu Madgavkar, James Manyika, and Sven Smit. “What’s next for Remote Work: An Analysis of 2,000 Tasks, 800 Jobs, and Nine Countries.” McKinsey & Company. March 03, 2021. https://www.mckinsey.com/featured-insights/future-of-work/whats-next-for-remote-work-an-analysis-of-2000-tasks-800-jobs-and-nine-countries.

[5] Gaskell, Adi. “How Productive Have Remote Workers Been During Covid?” Forbes. May 31, 2021. https://www.forbes.com/sites/adigaskell/2021/05/31/how-productive-have-remote-workers-been-during-covid/.

[6] “Practice Innovations: Building the Hybrid Work Environment.” Thomson Reuters Institute. June 10, 2021. https://www.thomsonreuters.com/en-us/posts/legal/practice-innovations-hybrid-work-environment/.

[7] Sherr, Ian. “Gen Z Is Getting Screwed by Remote Work, Microsoft Survey Finds.” CNET. March 22, 2021. https://www.cnet.com/news/gen-z-is-getting-screwed-by-remote-work-new-microsoft-survey-says/.

The Distributed Future

According to Blade Runner, we only have 7 months left for the invention of sentient androids, but that seems unlikely at this point (I’m still hoping though). And we’re already four years late for Back to the Future’s flying cars and hover-boards. 

Looking back, all of these predictions seem a little bit silly in comparison to how fast technology has actually progressed. We don’t have androids, we don’t have flying cars, we don’t even have a printer that works without having to beg and plead for it to just print your document correctly for once. Physical tech has lagged behind our predictions. No matter how hard we work, there’s only so efficient you can make a chemical process, like the one that powers the batteries any of this tech would require. 

But what hasn’t slowed down… is digital technology. Smaller, lighter, and faster than anybody ever imagined even 30 years ago. Look at Blade Runner, they had sentient androids and still worked with magnetic tape recordings for data storage, not exactly a great prediction there Ridley Scott… 

The computing power in your cell phone dwarfs even the most advanced supercomputer of the early 1990s. And it doesn’t take up an entire warehouse and enough power to run a small town. And all you use it for is to watch cat videos on Youtube… really? 

So in a world where we’re all carrying around a supercomputer in our pocket, what are we going to do with it? (And please… don’t just say watch more cat videos, yes I know they’re adorable but come on, aim a little higher, please?) Why not run the internet ourselves? 

When we’re all running around with supercomputers, why should we be putting our trust in these large tech conglomerates when they’ve continually shown themselves, at best as ambivalent and at worst as downright negligible when it comes to our data privacy. Every other day it seems like there’s a new data breach, hack, or the company itself selling our private data to advertisers. They haven’t earned our trust, and even if they did at some point, they’ve certainly lost it by now. 

But we don’t have to anymore. We aren’t beholden to big tech if we are willing to take the plunge and dive into the distributed web. A web like our predecessors in the 80s imagined it, free to surf, send, and share without someone looking over your shoulder. A web free of censorship, where the only boundaries are our imaginations. A web hosted by people for people, not advertisers and tech monopolies. 

The distributed web is not the web like you’re used to though. It’s not some massive server farm hidden away in a warehouse, its independent server operators sharing the network load among them. It’s every one of us having the opportunity to participate in the governance of the internet. It’s freedom from control and freedom from censorship. 

It’s not just about escaping big tech though; it’s about building something better. Joining the distributed web doesn’t mean you don’t get to share photos and videos with your friends, it means sharing content in a way that doesn’t compromise your data privacy. It’s about creating a web where you are in ultimate control of your data, your privacy, and your life. 

Welcome to the future of the internet.