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COVID-19: your law practice, client interactions, and advocating for your client

By Jennifer M. Harvey posted 03-16-2020 15:57

  

In our lifetimes, no illness has shut down schools or impeded commerce and our everyday lives as much as COVID-19. We are still in its early stages, and I am hopeful that things can begin returning to our established normal in the coming few weeks. As I write this blog, I sit opposite my third grader in our living room. He just finished a video conference with his teacher and classmates; I have been reaching out to clients and other attorneys regarding court hearings coming up in the next few weeks.

 As an estate planning and probate attorney, I am often in court representing elderly clients or have an elder as the subject of a guardianship or conservatorship petition. The elderly and others who are at high risk for COVID-19 must be honored and therefore protected as much as we are able. Also, COVID-19 can have an impact on your law practice, including your interactions with clients and possibly your bottom line. Below are some ideas of how to best navigate your practice and help your clients:

  • Be the calm, unanxious presence. My trust in God provides stability. I’ve lived through the Cold War, fall of the Berlin Wall, Gulf War, 9-11, two presidential impeachments, SARS, avian flu, and swine flu. Coronavirus, too, shall pass. We Americans are a strong, gritty people who will get through this together. I am at low-risk for COVID-19 as are many of my loved ones. But it is up to us as a people to take precautions and flatten the curve to not only keep ourselves safe but also keep our greater communities safe. Fellow lawyer, step up! Be strong for your clients.

  • Follow the Centers for Disease Control (CDC) guidelines. Encourage your firm to follow the CDC guidelines and practice them yourself. Keep in-person meetings pointed and brief with as few people involved as possible. Adjust to not shaking hands; but be sure to provide a cordial greeting to clients and other attorneys. Wash hands and use hand sanitizer often and have handwashing be available to others. Wipe down and disinfect surfaces often. If you don’t have to meet in person but can make it a phone call, email, or simply postpone the in-person meeting some weeks, do so.

  • Executing documents. If your notary is in compliance with the Michigan Notary Public Act, signatures can be notarized remotely. Here is the text of the statute. To my understanding, witnesses by law must be in the physical presence of the signor as he or she signs the documents but there can be some exceptions. For example, a signor could sign a Will and later acknowledge to witnesses his/her signature on a document (see MCL 700.2953) and the witnesses can then sign. Do not relax legal requirements in these times. Be creative while staying healthy; perhaps neighbors, following CDC guidelines can witness a client’s signature in person but a remote notary in compliance with the statute can be used to notarize the document. Perhaps the execution of documents can be postponed if the signing is not time sensitive.
  • Work with the courts while advocating for client and party safety. I have more direct knowledge of how well the Wayne County Probate and Circuit Courts are responding to COVID-19 right now, so I take this opportunity to acknowledge and appreciate their efforts. I expect similar great leadership from all of our great courts in the State of Michigan, whether state or federal. Some courts require petitioners and parties to be present for hearings. If you have clients, parties, or other attorneys involved in your cases who are higher-risk to COVID-19, do not delay in addressing this. First, approach and come to agreement with the others in your case and be prepared to present a stipulated order to allow at-risk persons to appear by phone or video conference if allowed. Ask the court clerk if certain appearances in person can be waived and give the court clerk as much lead time as you are able. Just this morning, I’ve agreed with an opposing counsel to allow elders in a case to appear by phone if the court allows; I’ve also just asked a court clerk to allow the parties in another case who are in their 70s to appear by phone or video conference due to their high-risk to COVID-19. Of course, if you are able to adjourn hearing because its goal isn’t urgent, do so.

Fellow attorneys, be good to each other, even while practicing social distancing. Don’t hoard toilet paper. Wash (and then moisturize) your hands often. Be available to your clients and colleagues, even if it’s remotely. Work hard and advocate for your clients, including their health. And remember, this too shall pass.


#Elder
#Covid-19
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03-17-2020 18:32

Christine - thanks! Yes, COVID-19 is having an impact on all businesses and we lawyers are not guaranteed to be exempt from negative impact. In my opinion, the health and safety of the clients (and others) has to be more important than financial impact to the lawyer. Concerns about funds held in IOLTA: if a retainer has been taken and held in IOLTA and also if the documents have been drafted, the lawyer can pay him or herself because the work is done (even if signing has not occurred). If there is a safe way to be creative and follow the law to execute the documents, why not do it? If you are a notary, you could bring witnesses with you and the witness and notary could watch the signing through a glass storm door or window at the client's home. In my opinion, health & safety as well as following the legal standards for execution is most important. For client relationship purposes, if you need to postpone the meeting, set it out a couple weeks and be in touch with the client. The meeting hopefully will not have to be pushed back, but the client will be more understanding if you keep him or her in the loop. I am hopeful that the curve is flattened and things stabilize enough so that financial impact to all lawyers is minimized as much as possible. Hang in there! Let me know if you have other ideas!

03-17-2020 11:59

Thanks, Jennifer, for your post. But the biggest problem for those of us whose clients tend to be older and/or frail is that we have to postpone signings, as you suggested, but this also means taking a hit in income. I am a notary, but I cannot have my clients exposed to neighbors who are probably also elderly to serve as witnesses. I'm all right for now, but not knowing how long this could drag on, is a concern for myself and probably my colleagues.