There is no question that the pandemic has been very disruptive to the legal profession, with COVID illnesses and precautions that delayed court proceedings, leading to a backlog in the system. But while some attorneys suffered (and continue to suffer) significant negative effects, lawyers in many practice areas actually experienced positive impacts, according to Joe F. Kolb, president of the Arkansas Bar Association. Kolb is the principal member of the Little Rock law firm, j. k o l b.
“The impact of the pandemic was not uniform across all practice,” Kolb explained. “Our laws and our legal system are intended to promote certainty in our everyday lives and business transactions.
“The pandemic introduced an unprecedented amount of uncertainty, almost overnight. So many people and businesses naturally turned to lawyers and our laws and legal system to help provide more certainty in an uncertain time. That meant the workload of some lawyers grew exponentially.”
Lawyers in the employment law practice area are a good example. When the pandemic hit, employers immediately sought advice on navigating the legal side of the pandemic health and economic issues.
When will things get back to normal? Kolb said in the past 10 years, even before the pandemic, there were significant changes taking place in the profession, brought on primarily by advances in technology.
“The pandemic was like a steroid shot,” Kolb said. “It accelerated the pace of change exponentially. Some see that as a good thing; others disagree. But, I think we all pretty much agree the changes are here to stay. And there’s still more to come.
“Lawyers will embrace many of the changes that came out of the pandemic – especially those that helped them to serve their clients better. And they’ll continue to look for and adopt other changes that will help them live up to their pledge to advance the cause of justice.”
Kolb, who practices in the areas of bankruptcy, business and corporate law, said lawyers are problem-solvers. Give them a challenge, and they’ll rise to the occasion. He said trial lawyers are working together – and with judges – to prioritize cases and narrow the issues for trial. They’re using technology to help them do more in a day, cut down on travel and keep costs down.
“And they’re working longer hours, to ensure they’re ready for trial when their cases are set, because there are more cases set for trial at the same time – meaning there’s less flexibility in the system to allow for short extensions or continuances,” Kolb explained.
“Bottom line: Lawyers know it’s in everyone’s interest to resolve cases as quickly as possible. So, everyone is doing what they can to make sure the system is working efficiently, and the backlog is resolved as quickly as possible.”
With the advent of vaccines and the liberalization of recommendations related to in-person meetings, lawyers are transitioning from using videoconference technology out of necessity, as they did at the height of the pandemic, to using it when it makes the most sense. Some conversations with clients are just better had in person. Some are more cost-effective for both lawyers and clients if they’re virtual. “So, lawyers are using both formats,” he said.
The trend towards law firm mergers has continued. Kolb said law firms are always working to make sure they’re operating efficiently, so that clients receive the legal representation they need at a reasonable cost, and their attorneys are appropriately compensated for the services they provide.
“There can be efficiencies in merging firms,” Kolb noted. “And when those efficiencies become apparent, firms merge.”
On a different note, security breaches have become an increasing problem for all types of businesses. Kolb said if an attorney doesn’t take reasonable steps to ensure a client’s information is protected from a security breach, it could be extremely harmful to the client’s case, and the attorney could be reprimanded or even have his or her license to practice law taken away. So, it’s extremely important that law firms keep up with and invest in the latest security technology to protect their clients’ data.
Law firms are always looking for hires who have the particular skills needed to serve their clients and who also fit in with the people and culture of the firm. Kolb said finding that perfect fit is hard, even more so nowadays because technology and other advances have made it possible to practice law in so many ways that were not possible before.
“Many firms are struggling with defining their own culture and what they expect from new hires,” Kolb said. “That, I think, is resulting in more missmatches and greater turnover, which is never good for a firm. As a result, many firms are starting to be more intentional about their recruitment and retention efforts.”