Court Operations Update

Trials and hearings likely to be postponed at least through April

Message from Chief Justice Walters, March 24, 2020

Your Constructive Comments Needed on Court Operations

By now you’ve likely read the following email:

Submit your suggestions by email to pubaff@osbar.org. Deadline: Sunday, March 22 at Noon.

Keep in Mind

We know what slows the spread of COVID-19. Flattening the curve by social distancing and cancelling or postponing activities. Court operations require many people to be present – cleaning staff to wipe surfaces, security, judicial staff, lawyers, parties, and for some cases jurors and jury pools.

If we persist as if nothing has changed, we aren’t social distancing and COVID-19 will spread.

The Role of Technology

Can technology come to the rescue? Maybe. Hearings by phone come to mind. It may also be possible to resolve some matters by video conferencing.

Priorities

But are the matters eligible for disposition by phone and video the most important judicial need? Perhaps. Perhaps not. We need time. Time to assess and time to make arrangements. Slowing things down gives us that.

The Snowball Effect

Believe me, I get it. Postponing matters set for March or April affects everything down the docket. Please be patient. We have one of the best court systems in the country. Look at your calendar. What can you juggle or free up? Talk to clients. The measures laid out in the Chief Justice’s Order are meant to save lives and spare illness. With a spirit of cooperation we can work this out with judges, judicial staff, and opposing counsel.

Parting Thoughts

Day-to-day life has changed. Courts must also change. So must our practices. Acting fast and acting now will shorten the impact of COVID-19 and will benefit us all in the long run.

Stay safe.

All Rights Reserved 2020 Beverly Michaelis

COVID19 Impacts Oregon Legal Community

Author’s Note: Court, Oregon State Bar, and PLF operations have changed since this post was published.

See: Court Operations Restricted, Statewide Postponements, OSB and PLF Closures.

COVID19 and the Oregon Legal Community

In a recent NW Sidebar post, the Washington State Bar Association explores whether the legal profession is ready for a pandemic. The upshot? Take COVID19 seriously and prepare now:

  • Create a list of important emergency numbers that can be quickly accessed in printed and electronic form.
  • Establish remote access to critical client records.
  • Prioritize your firm’s functions by criticality.
  • Have a “go kit” of technology, files, and other necessities if you need to work from home.
  • Review the answers to frequently asked questions published on the Oregon State Bar website.

For a complete list of suggested steps, see the ABA booklet Surviving a Disaster and resources from the Professional Liability Fund [Select “Disaster Response and Recovery” under Practice Management > Forms.]

For COVID19 specifically:

  • Ensure the workplace is clean and hygienic with surfaces regularly wiped down with disinfectant.
  • Promote hand-washing at the office with posters and other communication. And make sure visiting clients have places wash their hands with soap and water.
  • Brief staff and clients if COVID-19 starts spreading locally.
  • Direct anyone in the office with even a mild cough or low-grade fever (99 degrees F or more) to stay home, and make clear to employees that they will be able to count this time off as sick leave.

Law Firms Taking Action

On March 6, Reuters Legal reported that the Seattle office of K&L Gates has asked employees to work from home. Will Oregon firms follow suit, as the need arises? We should.

Status of Oregon State Bar and Professional Liability Fund Services

Meanwhile, the Oregon State Bar issued the following statement appearing on its home page:

As of March 12, Gov. Kate Brown has banned gatherings of more than 250 people within Oregon through April 8. Social distancing can reduce transmission of the virus, helping to delay and slow the spread of the COVID-19. The OSB will continue to monitor and follow recommendations from authorities and has already taken steps to reduce our own community impact. Our goal is to support and protect the well-being of our members and the public we all serve.

All live events, in-person CLEs, and in-person counseling services available through the Oregon State Bar, Professional Liability Fund, and Oregon Attorney Assistance Program are cancelled. Oregon lawyers can access practice management assistance and attorney assistance programs via phone, email, and video conferencing.

Court Operations

Check your local circuit court to learn how court operations are being affected in your area. Multnomah County Circuit Court has postponed trials, hearings, and arraignments. Check court websites frequently for further announcements. Be sure to scroll down to the heading “Latest News.” Read the guidelines issued by Chief Justice Walters here.

Workers Comp Board

All in-person hearings and mediations at all WCB locations have been cancelled. The WCB expects to resume hearings and mediations on Monday, March 30, 2020. Lawyers who have an urgent need on a particular case are directed to contact the assigned ALJ or mediator.

In addition, several health insurance companies have agreed to waive co-pays, co-insurance, and deductibles for COVID-19 testing. Visit the WCB COVID-19 page to learn more about the agreement and review frequently asked insurance and financial questions.

Act Now

You’ll be glad you did.

All Rights Reserved Beverly Michaelis 2020

Phishing Scam Hits OJD Users

Here are the details.