COVID-19 is changing how lawyers are conducting not only mandatory settlement conferences and mediation but also depositions.
It used to be that a looming trial date would pressure lawyers into zoom or telephone settlement conferences but now it’s pressure from COVID-19 infection.
"No one wants to show up for depositions or settlements," said Jeff Lewis, an attorney in southern California. "If a defendant asks for a deposition, it can be used as a leverage point to induce a settlement."
As of April 4, 2020, there were a total of 13,438 positive cases and 319 deaths in California alone, according to the California Department of Public Health, and nationwide, the CDC reports 1,889 deaths.
"Lawyers are learning to use technology to conduct remote depositions and other proceedings," Lewis told the Southern California Record. "After the virus is over, these lawyers might find themselves continuing to use these technologies to save time, money and avoid travel."
Because governmental directives at the federal, state and local level have largely banned most in-person hearings in recent weeks whether by court or mediation, the American Arbitration Association (AAA) has updated its business continuity planning so that business can continue as seamlessly as possible under circumstances such as the threat of COVID-19 infection.
"We have been working with parties in all cases to adjust hearing schedules," said Eric Tuchmann, general counsel and senior vice president with the AAA. "In many instances, the parties are in the process of determining if they will instead proceed with their hearings through videoconference. For those who are, the AAA is fully capable of supporting on-line hearings."
Some 2,200 cases were filed with the AAA in March 2020.
"We are still seeing relatively strong case filings," Tuchmann told the Southern California Record. "However, we have been asking parties to file their cases online because of the difficulty in receiving and sending mail which has resulted from the inaccessibility of many buildings and offices."
In criminal cases, arraignment procedures have drastically changed since March 16, 2020 when Chief Justice Tani G. Cantil-Sakauye issued the first in a series of new rules that scaled-back court operations. For example, the number of defendants transported to and from court declined by more than 56 percent due to the COVID-19 outbreak because the Los Angeles County Sheriff’s Department reduced the number of defendants being sent to court to only those with emergency or essential matters, according to Deputy Trina Schrader.
In January and February 2020, the average number of defendants transported to and from court per day was an estimated 2,967 compared to 1,294 for March 1, 2020 through April 3, 2020, department data revealed.
"Some pilot programs have been implemented for video arraignments and more are in the works," Schrader told the Southern California Record. "Best practices, guidelines, and procedures will be continued, updated, adjusted, modified or implemented based on what has been learned."
Additional precautions include:
Increased vehicle and surface cleaning protocols and scheduling.
Enhanced facility cleaning protocols.
Additional Purell hand sanitizers placed throughout the facility.
Spray bottle sanitizers placed in confined or higher traffic areas.
Physical distancing efforts occurring whenever and wherever possible.
Transportation capacity of buses reduced to allow for more physical distancing.
Handcuffing procedures modified when possible.
Employees issued or provided Personal Protective Equipment (PPE), such as goggles, gloves and N95 protective masks, individual bottles of hand sanitizer.
"LASD Custody Services Division Specialized Programs vocational sewing program, through the Education-Based Incarceration Unit, has begun making some masks for inmates," said Schrader.