Trial Magazine

As I write this column, most of us are practicing social distancing in the midst of the COVID-19 pandemic. I hope you are safe and continuing to take care to protect yourselves and your families, colleagues, and clients. Like many in the workforce, trial lawyers continue to be challenged and called on to be resilient. With widespread court closures, many AAJ members are concerned, but they remain dedicated to pursuing justice for their clients—using remote depositions and any other viable means necessary to keep cases moving forward.

We are striving to help you through these unprecedented times. Please visit www.justice.org/COVID for resources related to the pandemic and your practice and for event and advocacy updates. As always, AAJ continues to deliver exceptional education, unparalleled advocacy, and a dedicated community of trial lawyers fighting for justice. Below are some highlights of how AAJ is working tirelessly to help your practice.

In this month’s Trial, you’ll find articles on technology to help you manage your practice and adapt to a new way of working. Read about tips for working from home (p. 22); best practices for remote depos (p. 30); negotiating ESI protocols for e-discovery (p. 36); and selecting the right case management software for your firm (p. 48).

Courts update. As courthouses around the country closed their doors, AAJ coordinated with state trial lawyer associations and the Council of Presidents to track administrative court orders nationwide that address filing extensions, in-person court proceedings, essential legal proceedings, and more. Visit www.justice.org/COVID to see the state supreme court and executive orders.

Education. AAJ and the National College of Advocacy have offered rapid response webinars, many of them complimentary, to help you keep your skills and practices strong.

With many of us teleworking, I recommend the “Running a Remote Office Webinar,” and the “Remote Depositions Webinar” discusses best practices, tips on prepping clients, and working with court reporters. Other webinars cover handling business interruption cases and other first-party insurance issues amid COVID-19, and overcoming new defense obstructive tactics during the pandemic.

I also encourage you to watch the complimentary webinars on financial resources featuring legal finance industry leaders, including an expert on the Small Business Administration loan program. Plus, get guidance on the Coronavirus Aid, Relief, and Economic Security (CARES) Act, law firm financing options, and long-term financial planning. For all the past and current programs, visit www.justice.org/COVID.

Additional resources. The Exchange has released new Litigation Packets on Managing Your Office During the COVID Crisis (complimentary) and Video Depositions. We also have initiated small online roundtables to facilitate discussion and information sharing (via videoconference) within your Section, Caucus, or practice area, and we are sending “care package” emails to highlight timely resources for your practice. And AAJ has created a private Facebook group where you can connect with members nationwide. Search Facebook for “American Association for Justice members only.” From there, you can submit your application to join.

Advocacy. AAJ defeated corporate America’s demands for broad immunity in the CARES Act; however, we expect that they will continue to seek immunities and bailouts. Civil justice opponents will not stop—even during a pandemic—so neither can we. Hear from CEO Linda Lipsen about how AAJ fought back against tort “reform” measures on page 58 of this issue.

AAJ PAC. The upcoming congressional and presidential elections will determine the future of our practices and our clients’ rights. It is critical that we elect more pro-civil-justice candidates in 2020, and we can’t do it without you. In the coming months, please contribute to AAJ PAC and our individual fundraising events.

We remain focused on supporting you and our mission. AAJ is a family—we stick together through adversity, and we will get through this and come out on the other side a stronger community. Please stay safe, and contact me if you have questions or concerns. 

Bruce H. Stern is a shareholder at Stark & Stark in Lawrenceville, N.J. He can be reached at bruce.stern@justice.org.