By now, millions of people have seen the viral video of the cat-filtered attorney appearing in court via Zoom. First, this video is hilarious, bringing much needed levity to the usual stuffy visuals of the practice of law. Second, it illustrates how technological innovation in the practice of law is here and isn’t going anywhere.
In the last year, I have not met with one client or opposing counsel in person. I have not physically appeared in any courtroom. I haven’t printed one document for a client to sign. Yet, my practice has still functioned and actually thrived. I’ve continued to gain and serve clients statewide – all through the use of technology.
In bankruptcy court, I had a trial via Zoom, which otherwise would have required all parties to travel to Lincoln. My client would have had to paid me for the two hours of travel to and from the trial, which is customary practice to pay your attorney for travel time. Instead, I commuted downstairs to my basement where I had a proverbial command station setup with an iPad, two laptops, iPhone, and a TV monitor ready to go. I could never have had such a setup in a physical courtroom. I had extra time to prepare for the trial instead of wasting it on commuting, finding parking, and the anxiety of driving to Lincoln from Omaha (a lot can happen driving on I-80).
The 341 Meeting of Creditors, usually the only court hearing in a consumer bankruptcy case, is now being conducted telephonically. In some jurisdictions, these 341 Meetings are being conducted via Zoom or Skype. The typical meeting lasts only 5-10 minutes. I used to jokingly inform my clients that the hardest part about those meetings was finding parking near the Federal Courthouse. Depending upon where a debtor lives, sometimes they’d have to travel several hours to the courthouse to appear in person. Now they don’t have to. The purpose of the meeting is still achieved without the person needing to appear physically in Court. Putting 30-40 strangers in a room would seem to be a foolish return to normal. The same could be said of other courtroom formats such as with the traditional cattle call of eviction court.
The bankruptcy court in Nebraska has been a trailblazer when it comes to adapting to new technologies, being the first jurisdiction to permit electronic/digital signatures in lieu of “wet ink” signatures. The client pulls the document up and his or her phone and -BAM- the document is signed. A process that used to take days or weeks, obtaining client signature, sometimes now can only take seconds. More courts need to recognize that requiring “wet ink” signatures is antiquated, a bygone practice of a different time.
Clients have a much different set of expectations now. Technology has made everything instant (or nearly instant). The legal profession and the courts are notoriously slow to change and to adopt new ways of doing things, but the pandemic has forced adaptation. The pandemic has shown how adapting may have its hiccups (Exhibit A – Zoom Cat), but that making the leap to use of more technology was much closer to realization than many would have thought or wanted to admit. Right now, many consumers can do anything they need from their smartphone. They can pay bills, transfer money to friends, complete and file their tax returns, request prescription refills, schedule car maintenance, schedule an Uber or Lyft ride, etc. I could go on and on, but I think you get the point. Interacting with the Court or an attorney should be that easy. It is confusing that it isn’t that easy.
Attorneys will need to adapt or fall by the wayside. Courts will need to continue to adapt by adopting technology to facilitate increased access to justice and efficiency. Numerous court hearings could and should be conducted without the need to physically appear in Court. At this point, it would be plain ridiculous to expect that we can put this cat back in its bag. Zoom Cat is here to stay.
Instead of worrying what will come next, meet with a bankruptcy attorney to discover your options tailored to your situation.