Lessons from Lockdown

Do you remember where you were when you learned that Covid was going to change your life? I was sitting in my office. A week or so before, the Mayor cancelled the South by Southwest Festival and everyone thought he had lost his mind. Then out of the blue came the news that we would have to close the office starting the following Monday. That was in mid-March 2020. I had just been in New York a few weeks earlier and was completely oblivious to the fact that a highly contagious virus was already causing people to fall ill and would ultimately kill over 600,000 people in this country. Now, in June 2021, the threat of Covid is receding but our lives have been changed. I would like to share a few of my experiences. If you would like to share your own, email them to ssather@bn-lawyers.com and I will add them to the end of this post.

People’s Lockdown Experiences Have Been Different

My office was only closed for about six weeks. During that time, I would make the six-foot walk from my bed to the computer in my bedroom to start my workday. I remember discussing trial strategy with a client while walking the dog simply because I was home and had that freedom. I would still go into the office at least once a week to sign checks, but we had a rule that no more than three people could be present at one time.

In May 2020, the County Judge lifted the ban on offices being open and we returned to work. For the first few weeks, we provided lunch to the staff so they wouldn’t have to go out. When we returned, we put up barriers in the office, wiped down surfaces, took our own temperatures and wore masks when meeting in person.

Other people’s experiences have been different. When I attend Webex hearings by video, I see some attorneys still working from home. For me personally, the structure of going into the office is useful. However, I know that some (many?) people have successfully made the move to working remotely.

Covid Has Changed the Way We Do Court

The last time I appeared in court physically was on March 12, 2020. Beginning July 2021, the Western District of Texas is going to give judges the option of having in-person hearings.

When Covid started, I had used a webcam to Skype with my parents a few times. However, my webcam tended to disappear and end up in one of my kids’ rooms. I had to quickly get used to appearing on camera. One of the phrases I have heard the most over the past year has been “your line is muted.”  The Courtroom Deputies have made it their practice to test participants’ connections before court begins and solve feedback loops when someone has their phone and computer audio on at the same time.

Instead of handing an exhibit book to the courtroom deputy before the beginning of the hearing, we’ve had to learn which judges prefer paper copies and which judges are electronic only. We have had to master the intricacies of screen sharing and making sure that we are sharing the screen with only the exhibit and not our notes for the hearing.

Trials are shorter now because some judges require that direct testimony be submitted by proffer. This eliminates a lot of gamesmanship in making objections to try to keep testimony out but it also results in parties being able to admit inadmissible testimony as well.

With remote appearances there are new opportunities for coaching. I had one trial where two witnesses (who were married) were testifying from the same webcam. The judge had to caution them to stop talking to each other while one was testifying.

We have had to deal with technical issues. During one trial, the internet in my building went out just as I was about to cross examine a witness. We had to take a break while I struggled to set up a hot spot on my phone. Fortunately, the internet came back before too long.

In another case, the court had to recess testimony for the day and order a witness to find out why her internet signal was not consistent. This is a reminder that we are dealing not just with our own technology, but that of witnesses and clients as well.

We have also learned that being on time means logging in fifteen minutes before a hearing begins. It really annoys the court when a party joins a hearing after it has started. I have seen a judge disconnect someone who logged in late.

Online hearings also allow for third parties to anonymously monitor hearings. In one case, a malevolent actor took a screen shot of a witness who was testifying and posted it on the internet.

Covid Has Changed the Way We Dress for Work

Prior to Covid, if I knew that I had a court hearing, I would put on a suit before I left home. Even if I didn’t have court, I would wear khakis and a dress shirt in case I was unexpectedly called to court. Now, I keep a court shirt and tie at the office.  I put my court clothes on five minutes before I log in and then change again once court is over.

I did make an exception for two trials of adversary proceedings I did remotely. In both cases, I put on my good suit and wore it all day. I wanted to feel like I was in the lawyer zone and it felt right to me even if no one else could see below my shoulders. On the other side of the spectrum, I had an expedited hearing set while I was on vacation. I put on a polo shirt and tried my best to aim the camera from the chin up.

The other day one of my associates wore a dress to work. She mentioned that after wearing jeans so long, she just wanted to feel “professional.”

Covid has Changed the Way We Mourn

Prior to Covid, funerals were times for the bankruptcy community to gather at a church and offer each other support. In particular, I recall the funerals for former judges Larry Kelly and Glen Ayers.  In both cases, the church service was followed by a reception at which friends and colleagues could mingle, share stories and share condolences.

I don’t know whether or not this is unique to me, but sometimes it seems like news about losses to our bankruptcy community does not flow as well as it used to. I will give three examples from this year.

My friend, Jim Hoeffner, succumbed to cancer on March 6, 2021. He was only 67. His family set up a memorial for him on Zoom in May and it was beautiful. His nephew, who is a pastor, gave a beautiful sermon. Family members from all over the country gave eulogies. Finally, they opened the floor up for anyone who wanted to say a few words. I was really struck by the impact that Jim had on the lives of his children’s friends. Multiple friends spoke about how Jim had supported them and been a part of their lives.  In some respects, it reminded me of the one Jewish shiva I attended because of the communal sharing of memories.

Judge Mike Lynn passed away in April. I found out about his passing from the Facebook page of another former judge. There was a celebration of his life at his home (outdoors with social distancing). Unfortunately, I did not know about his passing at the time and was not able to attend. I am passing this on for the benefit of anyone else who missed the news.  Donations can be made to savinghoperescue.org in his memory. I also found a link to this obituary: https://bondsellis.com/attorney/d-michael-lynn/

Finally, Austin bankruptcy attorney Thomas Alvis passed away on June 1, 2021. I learned about his passing from cancer from reading the obituaries in my local newspaper. Tom’s passing was particularly tragic because his brother, John Alvis, who was also a longtime bankruptcy practitioner, had also succumbed to cancer some years back.

While the deaths of Jim Hoeffner, Judge Lynn and Tom Alvis were not caused by Covid, they came amidst the overwhelming grief caused by Covid. I feel that the disruption to our lives caused by this pandemic has made it harder to recognize the people who have left us.   

What Have Your Experiences Been Like?

I would love to hear from you and will share them here. 

Theda Page writes:

There have been so many!!  I’m still working remotely, but maintain my office. I’m still analyzing what my physical footprint will look like. 

I find that clients like the convenience of zoom. And I do too.  I’ve met lots of pets this past year, but it seems like I’ve met fewer children.

An unexpected benefit of zoom and screen sharing is that clients seem to be more focused on the documents that they are reviewing when looking at schedules and statements. I think a stack of documents may be intimidating so I plan to continue with this practice. However, you can’t give a hug and a tissue via zoom. That’s been really hard for me.

I’ve gone to funerals on Facebook Live and YouTube. But we’ve also gathered with family and friends for anniversaries and just to hang out. That has been a lot of fun.

Covid-19 has forced us to rethink how and why we do what we do. And that’s been a really good thing.