Virtual Law is Kryptonite to a Superhero Lawyer
Illustration by Hanna Barczyk
A lawyer’s superpower is her ability to persuade. To persuade another requires connectedness. Standing face to face with a decision-maker is how connection is fostered. The word connection may seem out of place, but to persuade you must promote connection with you, a client, a story, or an outcome. Nothing compares to showing up in person, regardless of whether the decision-maker is a client, a colleague, an adversary, or a judge. It is far easier to say NO on a phone, in an email, or on the other side of a screen. It is much harder to say NO when someone is standing in front of you, and it is the best way to get a YES.
A lot has happened since I last posted to the blog; the least of which was a prolonged pandemic. The ripple effect of the pandemic continues to this day. It is hard to put into words the indelible mark the pandemic left on all of us, our daily lives, and especially the practice of law. The question still looms over the legal profession whether virtual court hearings, virtual depositions, virtual meetings, and remote work are here to stay. Notwithstanding the new normal, in-person work has made a comeback, but remote work has not left the building.
At the early stage of the pandemic, I posted about how virtual work leveled the playing field for women in the profession (Silver Lining to the Pandemic - Remote work Benefits Women). Today, my opinion has changed. During the pandemic, everyone was in the same boat. Some of the challenges that historically impacted women advancing in the legal profession were less prevalent in the virtual world. Yet now, with so many lawyers returning to the office, those still primarily working remotely are disadvantaged. And for women working remotely the same challenges that existed in the physical world are now compounded in the virtual world. In my opinion, the glass ceiling that still exists will crash down on women who isolate themselves by continuing to work remotely. This is even more so for young female lawyers who need to build relationships and learn from more seasoned lawyers.
Lawyers working from home can’t compete with lawyers working in an office and attending in-person meetings, in-person events, and hearings. In-person work promotes comradery, collaboration, building relationships, connection, mentoring, self-worth, and productivity.
Obviously, there are advantages to being able to work virtually. Virtual work has erased the boundaries between states and countries. Being able to connect with clients and other lawyers from anywhere in the world has opened up opportunities in the legal profession. It also promotes efficiency when traveling to an in-person meeting doesn’t make financial sense. But virtual work should be limited to less significant meetings. The same is true when conducting virtual depositions. I would never conduct a significant deposition by video, nor would I attend a court hearing via video unless it was clearly a perfunctory hearing which a client does not need to attend.
A clear sign that things are shifting is that Amazon, the second largest employer in the world, recently announced that it is requiring corporate staffers to be in the office five days a week (Amazon tells employees to return to office five days a week). This reflects the business reasons for employees to return to the office, but for lawyers it is directly tied to the duty we owe our clients.
Every chance you have to be in front of a decision-maker, regardless of the importance of that contact, is an opportunity to lay the foundation for the narrative and arguments that you intend to champion. This is especially true in criminal matters when everything is at stake. When you ask yourself if you should show up virtually or in person, you have to ask yourself if is worth giving up an opportunity to lay down another brick. The superhero lawyer must show up in person. It’s really that simple.