on Mar 26, 2020
Thanks to Brian Faughnan of Lewis Thomason for sharing one of his recent blog posts. Be sure to check out his website www.faughnanonethics.com.
Change seems like it never comes … right up until it does.
So, I’m not a public health expert and I try to pride myself on not talking too much about conversations to which I am unable to meaningfully contribute. Thus, I’m not going to purport to speak directly to how to be dealing with the pandemic looming over everything. I’ve been doing what little I can to try to help “flatten the curve,” because I’m economically privileged enough and have robust access to technology to be able to do so. If you are in a similar situation, I hope you will do the same.
I’m going to instead focus on something much smaller … the disappointing news out of California yesterday that goes a long way toward kneecapping the efforts of the California ATILS task force. As mentioned in an earlier post, the ATILS task force itself had already scaled down its efforts but the California State Bar voted down significant aspects of even the watered-down proposal.
If you’d like to read the details, you can do so at this The American Lawyer article. If you’d like a sense of what comes next, you can read this Twitter thread from Andrew Arruda, a very irked member of the task force.
All I want to say for today is that I don’t think the California State Bar is going to have the last word on this, not by a long shot.
Beyond the fact that the post-pandemic world is going to be different, I’m not prepared to predict what different exactly looks like. But it seems clear already that, at least in the United States, we are learning quickly that a lot of things people have been told weren’t possible actually are.
Your job likely can be done remotely through telecommuting. The for-profit health system can make allowance to discount costs. A quality legal education can be obtained through online classes. Courts do not have to have as many in-person hearings in order to dispense justice.
The list is much, much longer.
It is hard not to think that there are going to be a variety of businesses, large and small (including law firms), that will not be able to survive in an environment where large swaths of the population do not venture out of their house for much of a 30 or 60 day period. It won’t all be businesses in the food and beverage delivery industry and businesses that otherwise require large groups to gather. Yet, given the legalistic nature of U.S. society today, the demand for people to be helped with their legal and contractual rights likely only increases.
Whether that translates to an increased demand for lawyers to do those things though is a lot less clear.
Innovations will likely happen out of necessity.
In the meantime, stay safe out there.