After a nearly seven-month hiatus, courthouses are beginning to open up in limited capacity. Likely, in-person trials will again be taking place all over the country in a “New Normal” starting in the first half of 2021. Members of firms will be taking flights and staying in hotels for the first time since the nationwide lockdown back in March. With so many things to consider on top of the normal craziness of preparing for a trial, we thought sharing some details of discussions we had with our clients leading up to trial would be helpful.

Firms that have decided to reopen their offices have instituted processes and procedures in that space. However, it becomes a more difficult task to ensure those procedures are followed by members of the firm while working away from the office. This brings up a very important point about the trial team scenario. Similar to what is taking place in professional sports, decisions will be made on whether a bubble is created with a lead-in quarantine time or if distancing and masks will be enforced at all times. Perhaps both need to be in place and what about periodic testing measures being implemented. Does the case require the team to physically meet in a room? Will you share a vehicle to and from the courthouse? How are meals, meetings, and working spaces altered?

The key is open communication with your team members and there is not a “One Size Fits All” answer. You will want to play out scenarios and have backup measures in place. Everyone should feel confident and comfortable with the plan, so they can focus on the case.

Moving Forward

While the debate of in-person proceedings in court rages on, we continue to see last-minute delays, date changes, and settlements. Of course, these occurrences happened pre-COVID, but have become even more common. Nonetheless, as Justice Melton of Georgia’s Judicial Council stated, “This broad prohibition cannot last too much longer, even if the pandemic continues, because the judicial system, and the criminal justice system, in particular, must have some capacity to resolve cases by indictment and trial.”

“Going to Trial” will pioneer the way for a return to business travel, along with helping the businesses near which the trial takes place. The gradual return of economic activities is required to restore the financial health of our nation’s businesses and workers. However; physical and mental health must be the focus as we return to travel during these unprecedented times. Each firm and each individual at the firm will evaluate their own situation and make decisions moving forward.