COVID-19 has unquestionably left a lasting impact on all sectors, and the legal profession is no exception. The use of platforms such as Zoom and Microsoft Teams has transcended from an interim solution during lockdown periods to becoming integral parts of a lawyer’s day-to-day operations. Patent negotiations, client briefings, business calls and even mediations are now routinely carried out virtually, even involving international parties in different time zones. This shift from the traditional workspace to a more versatile, virtual one comes with both its advantages and caveats.
On one hand, advancements in videoconferencing technology have significantly cut down on travel and other logistical costs for law firms. They have paved the way for remote working, enabling lawyers to perform their duties efficiently irrespective of their location. However, this move towards a digital working environment has also raised questions about the erosion of professional dignity and mystique that was once part of the legal profession, and whether certain types of legal activities translate effectively into the virtual world.
The ‘Zoom effect’ recently reached a landmark patent dispute pending in Maryland that dates back to 2018. Judge Stephanie A. Gallagher, known for her strong enforcement of local rules, ordered the parties to engage in a meaningful meet and confer process with each other to try to resolve issues related to their respective expert challenges. Interestingly, the discussions had to be conducted either in person or via videoconference, with a mandatory recording to be submitted to the court for review of all parties’ good faith efforts to reach resolution.
Judge Gallagher’s decision reflects an attempt to check attorney noncompliance and ensure adherence to courtroom etiquette in an era dominated by videoconferencing. By issuing such an order, she also addressed the rising concern about how video clarification in a professional setting might influence proper court protocol.
But does this mark a turning point for video conferencing’s role within the legal profession? Will video meet-ups and digital recording of sessions become a standard practice? And if so, will the very nature of long-established litigation tactics change as a result? It remains uncertain if this move towards an increasingly digitized world will herald the end of what the author calls the ‘Discovery Star’. With the growing ease of setting up video calls, such developments require careful scrutiny and debate within the legal fraternity.
Comments, queries or topic suggestions are always welcome at gkroub@kskiplaw.com or @gkroub.