Strategies for law firms in responding to COVID-19

Like all businesses, law firms are adapting on the fly to the many serious challenges resulting from the COVID-19 pandemic. Law firms are certainly affected by the impact of the pandemic on the judicial system, which has led courts to implement a wide variety of emergency measures. For example, California has suspended all jury trials for a period of 60 days and taken other steps that will have a substantial impact on litigation for the foreseeable future. Other practices will similarly be severely impacted by the downturn in business activity and constraints resulting from the pandemic.

Indeed, according to one recent COVID-19 survey, 74% of law firm respondents expect that there will be a modest to severe impact on legal services demand over the next two quarters. In addition to the issues facing all businesses during this time, law firms also face unique risks as a result of the spread of COVID-19 in light of the obligations owed by lawyers to their clients. Below are some of the risks and recommendations for law firms reviewing their response to this issue.

Remote Working Issues

With most or all personnel working from home, there can be a number of practical and technical challenges in providing the same level of services as prior to the outbreak. The primary goal for many firms is to ensure no interruptions in the ability to continue servicing clients and matters.

Some law firms are providing guidance to their employees on "best practices" for working from home and being productive, from having a dedicated workspace to implementing daily routines, notwithstanding other limitations. Law firms are also taking steps to make sure their IT staff or other technical support are available by phone to assist with any challenges associated with working from home.

Additionally, law firms can educate their employees, many of whom may have little experience with remote work, about the importance of maintaining network integrity when working from home. Bad actors may attempt to infiltrate network systems through phishing emails, particularly by referencing the closed office (which could be publicly available information) or the risks of COVID-19. Such bad actors will trade on the possibility that remote workers are anxious for information or will take risk in opening attachments or unknown emails. This is another area where having a dedicated firm COVID-19 response "Team" can reduce the risk of outside penetration -- if firm employees know that all COVID-19 communications will come from a specific source, they may be less likely to be duped by a phishing scam.

In addition, the isolation resulting from stay-at-home orders and working from home can have an adverse impact on morale and mental health. It thus can also be helpful for attorneys to check on their colleagues and teammates, to foster positivity, and to support one another

Duties to Clients

The onset of COVID-19 does not mean that law firms' duties to clients go away. But, changes from courts and other entities have created uncertainty among practitioners. There will inevitably be some confusion and perhaps even some gridlock once courts reopen. Law firms and lawyers can use this time to advise clients of the status of their cases and matters in light of the shutdown and advise on the recommended next steps.

For some, it could be a good time to do more solitary work, like preparing dispositive motions or other work product that may be necessary later, even while depositions are postponed or cancelled. For others, it might mean writing articles or focusing on business development. Some deposition reporters and other vendors are offering support that would enable parties to take critical depositions or conduct other business remotely, if appropriate. There is no clear roadmap for how things will continue to progress, but there is a risk of congestion once the courts return to their full schedules. Attorneys who did not use the quarantine period to clear their dockets or get ahead may find that they have fallen behind of their client service and financial goals.

Law firms may also consider educating their work force about the importance of maintaining client confidentiality while working remotely. This may include reminding attorneys and staff that client confidential matters must remain discrete, even within the home, and that attorneys and staff have an obligation to protect the confidentiality of client matters wherever they are.

Clear Communication

Many law firms have assembled teams to respond to all COVID-19 issues that could impact the firm, from health to client services to IT capabilities. Delegating tasks and authority to different groups can allow those groups to build a working knowledge of the key issues in each area and can help ensure that all issues are addressed.

One of the most important tasks is to provide timely and practical information to employees, who are often looking for guidance in these unprecedented times. Silence can lead to confusion and concern. Having a team in place can increase the likelihood of regular, competent communication -- from a single source or a small group -- that provides information and may additionally have the impact of reducing panic.

While circumstances may seem to change on a daily basis, with some planning, firms and lawyers can be prepared to respond to new challenges in delivering client services and maintaining their business in the midst of the COVID-19 pandemic. 

Disclaimer: The above is not intended as legal advice, and may be more applicable to smaller/mid-size firms of firms with limited resources. The above does not address those action steps implemented worldwide by Dentons US LLP or its affiliates.