USA NEW YORK: An Introduction to Family/Matrimonial: High Net Worth

The effect of the recent pandemic on the world at large was profound. We are often asked, however, about the particular effect on our practice of family law. In particular, the conventional wisdom was that the effect of having couples and families confined to their residences for long stretches of time would produce a significant uptick in the rate of divorce and family strife. While there was indeed some of that occurring, the changes to the practice of family law from the pandemic were much more profound. Our firm was among the leaders in adapting to those changes so as to better serve our clients in an ever changing environment.

Among the most notable effects of the pandemic were:

• The economics of business, and the nature of potential settlements were changed, often dramatically. Certainly business values were affected, both up and down; that is, while some businesses were decimated, others unexpectedly thrived. Predictions of future income also became more uncertain making valuations for purposes of asset division more challenging. In particular, it was important to no longer assume that post-commencement of a divorce action changes in values would be attributed to the spouse running a business. Dramatic changes in values due to the pandemic, and totally out of control of the owner spouse, now might be more fairly allocated to both spouses.

• The nature of the issues presented in custody cases also changed. Parties disagreed as to the safety of urban versus suburban environments, greatly affecting access schedules with regard to children, and disputes over the vaccine for both parents and children were common. These disputes still persist.

• The practice in courtrooms was changed dramatically. For a great period, court conferences, even trials, were carried out remotely by video. For certain parts of the practice such as routine conferences, doing them remotely saved a great deal of time for the clients and counsel. However, the personal interaction often so essential to reaching resolutions, and for more accurate assessments of credibility, was lost. As a result, in our jurisdiction, many judges have returned to requiring personal appearances for most conferences and certainly for trials and hearings. Yet, the need for remote appearances and also for filing of papers electronically brought on by the pandemic accelerated the implementation of technological changes in the courtrooms to which we as lawyers have adapted. Certain more routine conferences are still carried out remotely, resulting in time and cost savings for clients. Also, though, the Courts have gone paperless in many if not all respects. Filings of papers, and even service of those papers is all done through the court’s electronic filing system and all counsel, as we do, are expected to use that method in their cases.

• The electronic revolution, which may have been inevitable, but was certainly accelerated by the pandemic, also has profoundly affected our trial work. Courtrooms have computers for the court with video screens for counsel and witnesses. Even large touch screens for the display of documentary evidence are becoming common. Under certain circumstances, witnesses can appear remotely. Our firm’s familiarity with handling evidence through these electronic means to smoothly and efficiently conduct trials and hearings is key.

• As we all know, the pandemic also changed the way many work. Working from home became common for all, including counsel. While many have gone back into the office, the use of hybrid schedules for lawyers in which part of the work week is remote has become part of the fabric of our system for many. That system has made it possible for many who may have otherwise found it difficult to work on a full-time basis due to other responsibilities, to do so. That being said, our lawyers also recognize that due to the very personal, and often unpredictable, nature of a family law practice, availability of counsel for meetings, court appearances and emergencies that require personal appearances is critical to provide the service our clients need.

• The pandemic also had its effects on the economics of a family law practice. Changes included the use of and need for office space. As a result of a persistent downturn in the occupancy rate of office buildings, opportunities arose for many firms to get more advantageous leasing arrangements or a reduction in office space as remote users rotate through offices.

Adjusting to both the short term and long term effects of the pandemic is critical to maintaining that high level of service. That requires implementing and keeping up with the technological changes necessary. Software and hardware updates are essential to appropriately and efficiently process documents while also maintaining the confidentiality required by our clients and courts. Our lawyers take steps to keep up with and use these changes to maximum advantage.

In sum, while many of the technological changes in our offices and in the courts may have been inevitable, the need for them and their integration into our practice was accelerated by the pandemic and its aftermath. Nonetheless, we have adapted to these changes to maximize the results for our clients and provide the best working environment for our lawyers.