I attended the swearing in of a new judge in Montgomery County, Texas last week.  It was the first time I had been inside a courthouse since March. That six-month drought is the longest I can recall ... The deputies were taking temperatures, and they asked all entering to verify their good health.  Inside a fairly full courtroom, people wore masks.  People cooperated, were of good cheer, and it worked. 

And we need for it to work ... for us to get back in courtrooms and in front of juries.  

Like pretty much all trial lawyers, I have attended my fair share of remote hearings and depositions.  These have worked (mostly) though there have been some technological snafus; in fact, this is the norm rather than the exception. The simple act of presenting documents to a witness in a deposition is now an achievement, in and of itself. And in a deposition last week, we had to stop because a storm hit Austin where one lawyer was ... knocked out his internet.  There was also the witness who had a "helper" in the room (off-camera).  Regarding mediations, mediators report these are happening but that it is generally harder to close the deal.  It makes sense. 

Ours is an interpersonal business.  Our rules require presonally contronting parties and evidence and we also have juries who hear and decide cases. Juries look at the witnesses, size them up, and they handle (yes, physically handle) and review the evidence. Think about the dynamics of in-person communications as compared to all other forms.  Eighty (80) percent of communication is non-verbal. And seeing and interacting with a live human accomplishes this translation better. That is, face-to-face is the best way to get to the bottom of things, and that is what lawsuits are about. We can do remote hearings and depositions on some level, but in the end, we have to get back in front of courts and juries. And, oh, our rules of evidence and procedure require that we do.   

So, my trip back to court showed me that courts are ready and can put procedures in place to make this happen.  Let's spread juries out, sit them in the gallery, if need be.  Reconfigure the courtroom. Have people put masks on. Do what we need to do to keep our system of jusice running.  

Historically, lawyers have been statesmen and leaders in our culture. It is time to do that and be a part of getting back to normal. 

See you in court.