“I appeared in Court on behalf of a client.”
That sentence, spoken often by lawyers, somehow now seems a bit off the mark. What exactly is the appearance being made? If it’s “telephonic” or “on screen” as opposed to a physical presence, is “appearance” still the correct word, or should we instead say, “I voiced my client’s position to the Court“ or “I video conferenced into Court today”?
What if we say, “I represented my client in Court?”
Again, that seems not quite right when representation amounts to a client in one window and their lawyer in another, perhaps not the robust presence one imagines of your lawyer standing by your side, providing you with wise counsel and zealous advocacy.
These thoughts are on my mind as recently
“I appeared in Court at a divorce hearing representing my client”.
The hearing went smoothly, and the parties were divorced. In many ways, the experience felt highly personal as we had great ability to see one another close up, and the Judge could give us his undivided attention (no rustling papers in the back row), review the parties’ Agreement in actual silence (we were all muted), ask questions to determine the clients fully understood the impact of what they’d agreed upon (unmuted voices were heard with clarity, turning up the volume if needed).
But it seems odd to say something feels personal when my client and her soon-to-be former husband were each in separate digital squares, his lawyer and myself were in other squares, and the judge and his clerk, were each in their own “Brady Bunch” spot (odd terminology for a divorce hearing, or perhaps not, as the Brady Bunch were a certain kind of restructured family).
When at the end of the hearing the judge made some parting remarks about the parties’ minor child, my client’s eyes welled with tears.
My immediate instinct was to reach out to her, put my hand on her shoulder, ask if I could walk her to her car or get coffee with her after leaving Court. But none of those tangible impulses were options on Zoom, and suddenly the experience felt impersonal, cold and vacuous. Once the Judge and his clerk had signed off, the other lawyer and I each remarked upon how well and fairly our clients had negotiated, and always kept their daughter’s best interests front and center. And then within another minute or two, we each pressed “leave meeting”. I was left feeling empty and sad knowing that my client was sitting home alone, isolated in these isolating times.
Making a human connection with this special woman
was what I knew I needed to do.
Being cognizant of our need for social distancing and recalling our masked, outdoor Agreement signing, rife with abundant hand sanitizer, I hopped into my car, made a quick run to purchase a blooming purple Aster plant and drove it over to her home. As I drove away I saw her in my rearview mirror opening her door, covering her mouth, looking up to wave and calling out her thanks. It wasn’t exactly human contact, but it was better than pressing “leave meeting”.
As I reflect on the benefits and detriments of our new remote Courtroom experiences, it seems clear that there are some notable and efficient improvements over how Court was conducted during pre Covid-19 times. However, I think it’s also important we not lose sight or memory of the in-person, relational experiences clients and their legal counsel formerly had in Courtrooms.
If remote divorce hearings become the “new normal”, will other ceremonies, perhaps socially distant ones, step in to fill the void left by the absence of earlier live rituals?
What once seemed like far away, science fiction fantasy is in many ways the world we are now inhabiting, and it seems to me that it’s worth our while to ponder the ways quarantine has re-shaped our reality.
I’d love to know your thoughts about meaningful rituals
you’ve created or heard about during the days of Covid-19.
Wishing you peace,
to close out the end of a day
perhaps lacking in connectivity.
*Courtroom photo is a simulation and not actual hearing referenced