During the height of the COVID-19 pandemic, courts significantly reduced in-person appearances to maintain social distancing protocols, with many believing that some of these changes could be permanent. However, recent developments suggest otherwise, as some courts are reverting to pre-pandemic practices that many consider inefficient. According to a recent report on Above the Law, unnecessary in-person court appearances, such as for submission parts of motions and discovery conferences, are making a return.
These submission parts often involve attorneys showing up merely to provide hard copies of their already e-filed papers to court attorneys, a process which takes mere seconds but can require hours of waiting. Before the advent of widespread e-filing, this procedure ensured court staff had all necessary documents. Now, it appears redundant as court officers can review these materials online. The associated costs and time burdens for clients are considerable.
Similarly, frequent in-person discovery conferences have resumed in many jurisdictions. Pre-pandemic, attorneys could handle these conferences remotely or via stipulation, which many found to be more efficient. While in-person meetings can facilitate easier rapport and quicker resolution in complex cases, the necessity of frequent in-person appearances is debatable. The report suggests that in the majority of cases, these matters could continue to be handled remotely, as was common practice during the pandemic.
The legal profession has indeed grown accustomed to virtual conference technology, yet the return to certain pre-pandemic practices raises questions about efficiency and resource management. As courts and attorneys navigate this return to “normalcy,” the balance between preserving useful in-person interactions and leveraging remote technologies continues to be a point of contention.