Like many services and professions, family law practice has been significantly impacted by the Covid-19 pandemic. On March 14, 2020, the Supreme Court of Georgia declared a statewide Judicial Emergency placing extensive restrictions on courthouse operations. Many courts were closed early in the pandemic, but some managed to continue operations remotely through the use of Zoom and other technologies. On June 30 of 2021, the Statewide Judicial Emergency ended, and courts were permitted to determine their own policies for recommencing or continuing courthouse procedures. Unfortunately, the restrictions placed on the system by the Judicial Emergency created a backlog in the dockets, in some counties more than others. How will the court system’s emergence from the pandemic impact you?
- Increased Use of Technology.
While many courts are reopening for in-person proceedings, there is a high likelihood that some of your court proceedings will still be conducted virtually. Courts are utilizing the convenience gained from technology to conduct calendar calls, status hearings, motion hearings and some smaller evidentiary matters via Zoom. Attorneys have even begun conducting mediations and some depositions via Zoom. You may or may not have the option to participate in proceedings in person or virtually, so it is important to ask your attorney questions about your particular jurisdiction and let her know your comfort level with in-person v. remote options. Regardless of your comfort level with remote options, it is essential you become familiar with this technology and its features so you can participate in your case. While you are educating yourself on technological tools, you should also become familiar with Dropbox if you have not done so already. Many of your documents will need to be transmitted to your attorney in some electronic format. For example, The Leonard Firm utilizes a client portal for uploading documents that easily integrates into our case management software. Make sure you have access to a scanner so you can upload paper copies directly.
- Increased Wait Times.
Depending on your county, your assigned judge may have a backlog of cases to handle prior to yours. If your case is conducted in Fulton County, because Fulton County has a Family Division dedicated exclusively to domestic relations cases, the courts have continued to conduct remote proceedings and keep cases moving throughout the pandemic. Fulton County will continue to manage family law cases as they have since the Judicial Emergency was issued, and we anticipate most of these proceedings will continue to be virtual. Other counties, however, will give priority to criminal proceedings that have recently resumed. When juries begin returning to the courtroom, they will primarily be allocated to criminal proceedings. Therefore, you should anticipate limited trial dates being available for domestic cases in most counties, even though we are seeing an increase in trials and hearings in family law cases being scheduled. Many family law proceedings will be addressed through a calendar call, which is a tool the courts use to schedule multiple cases on the same day or during the same time frame. Courts are scheduling cases on a calendar call to keep them moving, require the parties and lawyers to interact, and to schedule matters that need the court’s attention for a specific date and time. If you are anticipating your case will result in a final trial, it is likely there will be a significant wait.
- Decreased Costs.
One benefit family law litigants may expect to receive in post-pandemic litigation is decreased costs resulting from an increase in courtroom efficiency. Because many proceedings are handled remotely, lawyers have been able to conduct courtroom proceedings without travel, parking, and long wait times sitting physically in the courtroom. Instead, family lawyers can conduct multiple court appearances per day from their office with the opportunity to stop the clock while they wait to be reached. This has resulted in significant cost savings to clients. Moreover, the increased use of electronic discovery and exhibits has reduced preparation costs for clients, such as the cost of paper. Your attorney should be willing to use these features to reduce your costs.
The Leonard Firm has maintained operations throughout the pandemic, appearing in multiple counties before many different judges. We have continued the use of mediation, depositions and discovery, as well. We are committed to offering you the services that suit your budget, comfort level and convenience.