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Trial Techniques in a Pandemic

by Harry Winograd, Principal

Emory Trial Techniques Program in a Pandemic – Forced Changes Bring Some Unexpected Benefits.

My usual mantra going into pandemic events is to expect nothing. So much can go off track, technology failures, unexpected internet issues, people tired of remote meetings, Zoom-fatigue. This is especially true for those programs we appreciate live and in person which change most when shifted to the laptop screen. Streaming music concerts, birthday parties, and happy hour networking events feel slightly off the mark.

The 2020 Emory Law School Kessler Eidson Trial Techniques Program (KETTP) was like no other. Given my past year of Zoom meetings, I approached this year’s Program with trepidation. The strength of KETTP stems from connections made between students and faculty from all over the country, but this year we were forced apart. Over the past twenty-plus years I have served on the faculty and learned alongside hundreds of law students each year in this mandatory 2L course. The on-campus program is known for using the National Institute of Trial Advocacy (NITA) methods which involve action packed sessions with students on their feet doing cross-examination of witnesses, introducing exhibits into evidence, and closing arguments for trial. Many factors of the usual program were modified for the 2020 pandemic remote process. The typical KETTP ends with each student conducting a jury trial using witnesses and high school students playing the role of jurors. This year, that was scrapped and replaced with final bench trials (Judges only, no jury). The case file involved a police traffic stop with current issues and allegations of unconscious racial bias.

A major contrast is how faculty would typically fly in from around the nation (and some observers from other countries) but this year we all were remote participants, entirely on Zoom, with faculty and students in remote locations across North America and a few extra continents too. One final curveball was that the Spring 2020 program was basically a non-starter due to Covid-related safety concerns. The usual Spring 2Ls (now mature 3Ls) had to complete the program just now in December 2020 starting the day after final exams and pushing into the Winter break.

This recipe for disaster turned into a wonderful surprise. Numerous challenges arose each day and were conquered by a resilient group who adapted on the fly. Some of the challenges are caused by the time – space continuum of students and faculty in at least eight different time zones. For me on the East Coast, starting before 9:00 A.M. was like a regular workday. But the mornings for my team’s co-teachers were wildly off schedule. Our small breakout team of eight faculty and two dozen law students included Judges and attorneys from Seattle, Washington, Los Angeles, California, Boulder, Colorado, and even Alaska. Our team was led by an attorney dialing in (on the Zoom) from Tucson, Arizona. Similarly, some international students were participating at odd times of day or night.

Additionally, KETTP had a few full group sessions (over 350 people), but most of the real work was conducted in the team meetings and the even smaller breakout rooms (breakout Zooms?) with two faculty and eight students. KETTP offered faculty discussions with counsel around the country who are seeing first-hand some inconsistent court system experiences during the pandemic. One highlight was Judge Matthew Williams from King County, Washington who shared with our team that his court has

Steve Andrews Named a Georgia Trend “Legal Elite”

Bodker, Ramsey, Andrews, Winograd & Wildstein, P.C., is pleased to announce that Stephen C. Andrews has been named to Georgia Trend Magazine’s list of the “Legal Elite” in Georgia for 2020. Steve was recognized in the practice area of Family Law. Click here for a complete list of the 2020 Georgia Trend Magazine’s Legal Elite.

Tim Ramsey Named in 2021 Edition of Best Lawyers in America

Tim Ramsey, Bodker, Ramsey, Andrews, Winograd & Wildstein founding member and managing partner, was listed in the 2021 edition of The Best Lawyers In America for his work in real estate law.  Inclusion in Best Lawyers® is based on a rigorous peer-review survey comprising more than 9.4 million confidential evaluations by top attorneys. The award utilizes a transparent methodology of peer review based on the philosophy that the best lawyers know who the best lawyers are. With this distinction, they rank among the top 5 percent of private practice attorneys nationwide. Best Lawyers is a credible measure of legal integrity and distinction in the United States. As such, recognition by Best Lawyers symbolizes excellence in practice.  Congratulations to Tim!

Bodker Named in 2021 Edition of Best Lawyers in America

Brian D. Bodker, Bodker, Ramsey, Andrews, Winograd & Wildstein founding member and partner, was listed in the 2021 edition of The Best Lawyers In America.

Inclusion in Best Lawyers® is based on a rigorous peer-review survey comprising more than 9.4 million confidential evaluations by top attorneys. The award utilizes a transparent methodology of peer review based on the philosophy that the best lawyers know who the best lawyers are. With this distinction, they rank among the top 5 percent of private practice attorneys nationwide.  Best Lawyers is a credible measure of legal integrity and distinction in the United States. As such, recognition by Best Lawyers symbolizes excellence in practice.

Congratulations to Brian!

Judicial internships can now be virtual, too!

Brian Wilson, who served as a judicial staff attorney prior to joining BRAWW, is giving back to the community by mentoring judicial interns this summer through the Georgia Latino Law Foundation’s virtual internship program.  The program is the brain-child of the organization’s co-founder, Ana Maria Martinez, who saw that the COVID crisis would render many law student’s summer clerkships difficult or impossible to perform.

Martinez and the GLLF have partnered with 26 judges and their interns to create a virtual internship where students create a summer-long capstone project under the supervision of the judge and an attorney in the field, like Brian. During this process, mentors provide advice about structuring lengthy research projects, as well as fulfilling judicial expectations, delivering concise and timely work product, and having positive interactions with other judicial staff.  Most importantly, interns develop key relationships with working processionals that will long outlast the summer.

Though the GLLF’s internship program is off and rolling, those looking to support the Foundation are always welcome. More information on the GLLF can be found here: https://www.galatinolawfoundation.org/

Managing Partner Appears on Business Radio Show

Bodker, Ramsey, Andrews, Winograd & Wildstein Managing Partner Tim Ramsey was a recent guest on radio show “ProfitSense with Bill McDermott” on Business RadioX.  Tim was joined by Kelly Taylor, Chrome Yellow Trading Co., and Martha Monroe Schuon, Schuon Kitchens and Baths, Inc. where they discussed business succession planning, coffee and kitchens!  Listen to full audio here https://bit.ly/30P87Xo.

To learn more about how Tim can assist your transitioning business, please visit https://www.brawwlaw.com/attorney-profiles/timothy-j-ramsey/

Business RadioX helps local business leaders get the word out about the important work they’re doing to serve their market, their community, and their profession. To learn more about Business RadioX, please visit businessradiox.com.

Lessons from a Video Court Observation

by Brian Wilson, Associate

After catching up yesterday with some former colleagues, I decided to take some time and virtually attend a judge’s calendar call. Some of the things we experienced may prove relevant for many people over the next weeks (or months) until we are back to normal.

Too Long; Didn’t Read Summary

• Give yourself extra time to download and register for any video conferencing system. If you run into issues, this will give you time to contact the host ahead of time to get them resolved.
• Dress for work as normal. (I hope this much was obvious, but see this article about some Florida attorneys for a laugh.)
• Use headphones to avoid echo and feedback.
• If a client is present, consider using a separate encrypted instant messaging app to send notes and discuss topics privately.

The Experience

The judge who hosted this calendar call used WebEx; a video conferencing platform run by Cisco. The platform was chosen because of its ability to allow members of the public to attend and thereby keep the courts open and public. After clicking the link provided, I had to register with WebEx by providing the usual contact information and download a browser extension. This process was very easy, and the instructions were clear, but be prepared to take a few extra minutes to set up for any virtual hearing. I would recommend contacting the host’s office the day before and confirming which software they use to do a dry run if possible.

Viewers were divided into two groups: participants and attendees. Participants included all of the key players – the Judge, the Assistant District Attorney, the Public Defender, the Defendants, private attorneys, and Parole Officers. As an attendee, my video-feed was not displayed and my microphone was muted by the event host. I could not unmute it.

The Judge was seated on the bench in his normal robes with the court seal positioned behind him. Defendants were brought one-at-a-time, in masks, before a webcam in the jail with a sheriff’s deputy. Attorneys attended from their offices or living rooms, and they were all dressed for court.

The proceedings ran mostly as normal, but some issues did arise. As the Judge took guilty pleas, there was audible echo and feedback, which is not uncommon on most video calls. I would strongly recommend the use of headphones to avoid this as much as possible. Also, one defendant sought to retract his planned guilty plea. The public defender “pulled a Dr. Fauci” and buried his face in his hands. It’s a natural reaction, but it does highlight the problem of not being able to pull on a client’s sleeve or whisper in his or her ear. For hearings with clients, it would be wise to use a separate, secure instant messenger app to send quick notes.

The event concluded without fanfare. Justice goes on, just now from your living room. Stay safe and be well.

Networking During the Pandemic

Bodker, Ramsey, Andrews, Winograd & Wildstein litigator Jessica Wood hosted her first Zoom Water Cooler Office Hours networking event, after a decade of in-person events.  On April 23, 2020, participants got to see a Judge make dinner for her family and hear from other attendees about their unique vantage points, including law students, in-house counsel, private civil attorneys, and criminal defense attorneys. Children (including humans, dogs and cats) were popular attendees.

The catalyst for Water Cooler was a concept that Jessica’s friend Michael Blake (Brady Ware, Valuation Services) originated.  Michael told her that he met periodically at a restaurant for “office hours” to provide advice to start-up clients who could not yet afford his services, meetings that he continues to host.  Jessica adopted his idea to focus on helping law students and new attorneys find champions, mentors, and role models.  And Jessica recognized that the more experienced professionals needed to be reverse stealth mentored and learn from this younger cohort.  “After I had been lawyering for a few years,” Jessica explained. “I got an uptick in contacts from complete strangers who wanted to have coffee with me to discuss their careers.  While one-on-one meetings [pre-COVID] were fine, I wanted to be more efficient and allow attendees to benefit from a larger brain trust.  I also saw a huge benefit in hearing from people at the beginning of their careers, because they tend to be idealistic.  We need to be reminded of why we selected this profession.”  In addition, Jessica wanted to introduce this group to potential employers.  “For brand new attorneys who are unhappy, there’s a temptation to think it’s the profession, but in many cases, it may just be a bad personal fit,” Jessica noted.  “Attorneys work so hard, and our jobs are so stressful.  I want everyone to enjoy their chosen profession.  And I’ve always loved introducing my friends to my friends.  It’s wonderful to see people forge their own connections.”

After a few years of networking events, Jessica added a Facebook group component (https://www.facebook.com/groups/318289118271155).  Recent posts include COVID-19 related information, requests for attorney and vendor referrals, job opportunities, and a video-guided mediation.  The “event” function on Facebook allows Jessica to share the meeting invitation with over 1,200 Water Cooler members.

Jessica knew that Water Cooler had taken on a life of its own a few years ago, when a 17-year-old Morehouse student, who had just moved to Atlanta from Maryland a few weeks prior, introduced himself at an event. His Philosophy professor told him about the event.  Jessica also believes that the secret to Water Cooler’s success is to invite only those attendees with a demonstrated interest in helping others.  She also “pre-introduces” attendees by sending all names and bios out beforehand, and asks participants to tell her who they want to meet.  “At the events, I circulate, introduce, and tell attendees what they have in common, so they’ll be comfortable interacting.  I tried to replicate that at our virtual event.”

In pre-COVID times, the networking event was held at STK, at 1075 Peachtree Street, within walking distance of Jessica’s home. “I owe a debt of gratitude to STK, which allows us to take over the open area in front of the bar.  STK has even treated us to some appetizers for free, which is very kind.  We start at 5:30 p.m., a few hours before the restaurant is busy, and we are a very sharply-dressed bunch.  I look forward to our future meetings, but it may be awhile before we see each other in person again.”

Jessica, a former Houston’s server, also asks the bartenders to let her know if they glimpse any bad behavior, including low tipping.  “I’ve had the occasion to gently encourage better behavior on that front, but part of mentoring is administering tough love,” said Jessica.

For more information on how to participate in Water Cooler, please email Jessica at jwood@brawwlaw.com.

7 Practical Suggestions and Pointers For Those Going Through a Divorce During COVID-19

ATTEMPT TO COMMUNICATE:
Although it is difficult for divorcing couples to have a discussion about almost anything, COVID-19 is forcing parents to do exactly that in order to protect their and their children’s health and to deal with school closures and working from home. If you are unable to talk to each other without getting into an argument, email is the best tool and creates a written record that can later be reviewed if necessary. Make sure to leave anger and sarcasm out of your emails and texts, and assume every email and text will eventually be read by the judge (because they likely will if you cannot restrain yourself in your communications).

SUGGEST ALTERNATE SCHEDULES:
If you think it works for your children, propose a “reasonable” solution to dealing with custody time periods during this isolation period to minimize transfers between homes to avoid potential spread. Some parents are temporarily changing to a 2 weeks on/2 weeks off schedule with each parent, with video calls daily to keep in contact. This schedule coincides with the CDC recommendations for self-quarantine if someone is exposed to the virus. However, do not attempt to unilaterally change your custody and visitation schedule, and always attempt to reach an agreement with the other parent if possible that works for everyone. Family law attorneys can connect you with a parenting coach who is working remotely to assist you and your co-parent if you need some help in communicating.

TEACH GOOD HYGIENE:
Use this time to teach children how to be safe and lead by example. Children take their cues from their parents and need to feel safe. Most parents will tell their children to wash their hands before eating, after using the bathroom. Few parents will show their children the proper way to wash their hands for 20 seconds. Now is the time to show them and lead by example.|

USE THIS TIME TO RECONNECT:
Use this extra time to connect with friends and family. Calling friends and family that you may not have spoken to lately to see how they are doing and/or offering to pick up groceries for neighbors when you go shopping is teaching your children good values, and also makes our community stronger.

TREAT YOUR EX WELL:
Be the bigger person and treat your ex or “soon to be ex” as you would like them to treat you, even if they do not reciprocate. As difficult as it is to be kind to your “soon to be ex,” you need the flexibility to do it, and these acts will often help make negotiations more amicable (or at the very least will reflect well on you in later court hearings).

FOLLOW COURT ORDERS:
Temporary and Permanent Court Orders for parenting time MUST STILL BE FOLLOWED– NO EXCEPTIONS UNLESS BOTH PARTIES ARE IN AGREEMENT. The parent who does not comply with the court ordered parenting time runs the risk of being held in contempt. Contempt is serious and can have a major impact on your life. Family court judges are allowed huge discretion and are rarely reversed on factual matters. The best advice to someone facing this situation is to speak with an experienced family lawyer before taking any action as it may negatively impact their case.

CONSIDER YOUR ACTIONS CAREFULLY:
Although experienced divorce lawyers spend countless hours drafting language in Settlement Agreements and Court Orders to take into consideration many potential situations arising from raising children in two different households, keep in mind that this pandemic is NOT one of the contingencies that were planned for. The court system is currently being bombarded with requests for “emergency” cases to be heard, but divorce cases will rarely meet the criteria for an “emergency” unless the case involves immediate domestic violence issues. So do not expect the Judge to address your disagreements until the courts are back to normal, but do realize that your actions during this time will be scrutinized by the Court eventually (and act accordingly to show yourself in the best light).

Domestic Relations Custody Orders for Visitation during Executive Shelter in Place

Please be aware that despite the shelter in place orders, Georgia courts have clarified that child custody and visitation orders are supposed to continue as usual, and transportation between households is considered an essential service.  Accordingly, if someone refuses to comply with a child custody and visitation order during the COVID-19 crisis, they can be held in contempt of an existing order.  Please contact the family law team at Bodker, Ramsey, Andrews, Winograd & Wildstein if you have any questions about your particular situation.