Phoning It In?

“The lawyer just phoned it in.” Before the great pandemic of 2020 this was a pejorative phrase. It meant someone couldn’t even bother to show up. It indicated a lack of commitment, preparation, and professionalism. It has come to have a very different meaning over the last year. The extraordinary circumstances of the pandemic forced all of us to adapt to new ways of doing things so that the work of the judicial branch could continue. Florida’s bench and bar have responded admirably, using technology, creativity, and flexibility to conduct discovery, hearings, and even trials. The administration of justice has continued in the most difficult of circumstances.

But as the pandemic wanes and businesses and institutions contemplate a return to normalcy, lawyers and judges must evaluate what future role video proceedings should appropriately play in the work of the courts and the trial bar. It has been suggested that Zoom hearings, Zoom depositions, and a world of remote proceedings will be a permanent part of our litigation landscape. There have been positive reviews of the use of video proceedings grounded in considerations of convenience and cost savings.