The COVID-19 Pandemic had a profound impact upon the development of young lawyers - and judges are taking notice! Most recently, judges have offered criticisms over the development among young litigators. A recent poll of experienced judges shows a drastic decline in professionalism, and observations that young litigators display a lack of decorum and preparation. One judge witnessed a lawyer on her phone during the cross examination of her client. Other judges observe young litigators display inappropriate dress, poor communication, and downright rudeness. They acknowledge most young litigators learned their craft through virtual proceedings, via Zoom, Teams, or other forms of video conferencing, and have never stepped inside a courtroom. Judges urge young lawyers to get into the courtroom but lament they do not do so for reasons unknown.
The lack of professional development among young lawyers observed by judges can be traced to a sea change in law firm culture. The practice of law and professionalism cannot be taught in the classroom. Today's senior attorneys were taught the craft by watching yesterday's senior attorneys. Today's young attorneys were deprived of that opportunity by COVID-19. Today's senior attorneys had real life role models to watch and observe when they started their careers. Most young attorneys were not able to accompany senior attorneys to conference calls, meetings, hearings, and trials so they could not observe and learn the craft. Most young attorneys were exposed to the practice of law through TV. But, the actual practice of law is nothing like actors portray on TV. In the entertainment world, senior attorneys are brash, rude, and conniving. Role models for many young attorneys were often actors, not senior attorneys who practice law.
Prior to COVID, young attorneys had easy access to senior attorneys to obtain advice, assistance and mentoring. Partners and senior lawyers could be universally found sitting in their offices. Most senior attorneys began practicing law, prior to the invention of cell phones, computers, e-mail, and the internet. We carried carried leather briefcases, not backpacks. We conducted legal research using books in a library, not Lexis or Westlaw from our desktops. We could walk down the hall and speak face to face with other senior attorneys who were also sitting in their offices. Simply put, our butts were in our office chairs. COVID-19 changed all that. Prior to COVID-19, young attorneys could always find senior attorneys if they had questions or sought guidance. Very few senior attorneys were found toting laptop computers about, much less using them away from the office on a remote basis. Receiving and sending e-mails and using cell phones formed the outer limits of technology for many of us. If Zoom or Teams existed, most of us knew nothing about it. Most partners and senior attorneys simply did not fully embrace technology to improve the quality of life. We did not know what we were missing.
In stark contrast, prior to COVID, most young lawyers fully embraced technology to improve the quality of life. Yet, if needed, young attorneys could always seek counsel from senior attorneys, because we were in our offices. Young attorneys toted laptops everywhere they went. They often worked at home, on vacation, or anywhere but their designated offices. We often joked our young attorneys were probably working from a tree house somewhere in the Amazon. Young attorneys generally got the work done, they just did so by what we senior attorneys considered unconventional means. Sure, young attorneys could be found, but communications were most often via e-mail. Face to face conversations with young attorneys was the exception not the norm. Young attorneys could do everything from remote locations, whether that be research, e-mail, write briefs, or most anything else. Remote working allows for development of research and writing skills, but not professionalism. Most young attorneys fully embraced technology to improve the quality of their lives. Who could blame them?
COVID-19 caused law firm culture to flip-flop. Many partners and senior attorneys were forced to work from home. It was uncomfortable at first, but we got used to it. Senior attorneys had to embrace technology and did so at a rapid pace. The days of people in their offices were no longer possible. We were forced to use home computers and laptops. We connected to our law firms and colleagues through virtual private networks or VPN's. Face-to-face interactions were not possible. Screen-to-screen interactions became the norm. Senior attorneys began to leverage technology to improve the quality of life. COVID-19 taught senior attorneys what had long been known by their younger counterparts. Once embraced, technology allows attorneys to work from anywhere. Even in a treehouse in the Amazon. Commuting was no longer necessary. Everything could be done from anywhere.
Law firm culture completely changed post COVID. Most senior attorneys were slow to return to the office. Some have never done so, while others have returned now and then, but only when necessary. Meanwhile, young attorneys can now be seen in the office far more so than pre-COVID sightings. Perhaps, young attorneys now appreciate the culture and comradery of being in one place at the same time. At the same time, senior attorneys have discovered they can work remotely. Consequently, unlike pre-COVID, senior attorneys are not present to mentor young attorneys who are now in the office on a consistent basis. Young attorneys cannot find senior attorneys as easily as they once did. Young attorneys have become a culture of “latch-key” associates. So what judges are witnessing regarding young attorneys in their courtrooms, is born of a sea change in law firm culture.