Welcome to our podcast! I’m Bill Pickett, one of the partners at LGP Law. Today, we’re reflecting on how the COVID-19 pandemic tested the resilience of many professions, and none more so than the legal sector. We’ll explore how lawyers handled the pandemic, what their strengths were, their shortcomings, and the lessons we learned for future crises. We also want to examine some of the characteristics of good judges, while discussing the role of unity in a nation divided.
We’ll cover:
- Reflecting on COVID-19 | What Would I Tell Myself?
- Businesses & the COVID-19 Pandemic
- How Was LGP Law Affected During COVID-19?
- How Yakima’s Legal System Handled COVID-19
- Selecting Judges | 4 Excellent Qualities You Should Look For
- When Government is Wrong & Handling Future Crises
- Call To Action | Overcoming Societal Division & Fear
Reflecting on COVID-19 | What Would I Tell Myself?
Something you’ve probably seen in our other posts is that my family is big on reflection and being mindful about how to learn from one’s mistakes. With that, I wanted to take some time to reflect on the COVID-19 pandemic from the stance of a lawyer. Knowing what I know now, what would I have told myself in 2019 about the pandemic and practicing law?
COVID-19 Was a Pandemic of Fear, Chaos & Division
First and foremost, I would have told myself,
“Buckle up. You have no idea what’s about to happen and the chaos that’s going to erupt. Division is coming, and it’s going to be rooted deeply in fear.”
We saw a lot of chaos during a pandemic; it was deeply rooted in fear, and it caused unexpected division among people. I saw division between family, friends, and people who were strongly united before, and it all fall apart during the chaos. I would say it’s something we’re still dealing with today.
Embracing Hope & Truth | Finding the Real Path Forward in COVID-19
The second thing I would tell myself pre-pandemic was that there will be a path forward, but it’s not going to come through embracing fear. It would require embracing hope and understanding the facts from fiction.
During any crisis, including a pandemic, facts and fiction intermingle, leaving you wondering what’s really true. It’s difficult because none of us know if 90% of the things we’re reading or researching are even accurate. But the only way to navigate this uncertainty is through an unbiased, careful examination of what’s going on.
Lawyers Need to Serve, Despite Pandemic Challenges
The third thing I would tell myself is:
Be prepared to embrace people, even amidst the chaos. Don’t turn away from people in their time of need.
During the pandemic, I was disappointed to see many in the legal profession turn their backs on people out of fear. When people sought guidance on their rights and responsibilities, whether employers or employees, many lawyers refused to communicate, offer advice, or meet with them. They failed to provide the public with reassurance and legal navigation during a time of serious crisis.
The law offers assurance in times of chaos, allowing people to plan their lives with some certainty. During COVID, the rules were changing frequently, and that only fueled existing fears.
COVID-19 Was Strong, But a People United are Stronger
The last thing I would have told myself is that COVID is strong; pandemics are strong in their ability to impact our feelings, evoke change, or even take lives.
But this is more true: We, as a people united, are stronger. This pandemic is strong and crises may reoccur, but people in unity are stronger – and we can NEVER afford to forget that.
Businesses & the COVID-19 Pandemic
When faced with a government lockdown that shuts down your business, you have two choices: you can agree to shutter your business and potentially go bankrupt, or you can refuse to comply. Neither option is good. That’s why it’s so important to be curious and ask, “Is there a way I can continue to function, comply with the law, and still run my business?” This is why we highly encourage working with a lawyer to better understand and explore your rights during times of crisis.
How Business Owners Can Survive a Pandemic While Getting Legal Help
If you’re a business owner attempting to get legal help during a time of crisis, the following mindset will go a very long way:
- Please Be Patient – We are going to try and figure this out together; it may take time.
- Be Flexible Your Operations – Explore other ways of doing business, and don’t be afraid to adapt.
- Be Willing to Persevere – It’s your business, stand up for it and learn as much as you can.
You may need to do things differently and adapt; gather as much information as you can to operate safely. No business owner wants an employee to be harmed on their watch. In an upended situation like COVID, remaining calm, being flexible, and exploring other ways of doing business is crucial.
The Role of Resistance in the COVID-19 Pandemic
Government mandates often face resistance. This is just human nature and has roots going back to the founding of our country; resistance is what lead to the creation of this great nation. But before outright resistance, we should consider whether there’s a path to comply in good faith while still succeeding.
Obviously, if the government’s demands are patently wrong, that warrants automatic resistance. However, there are usually a lot of gray areas we should first explore and try to work through before escalating to the level of resistance.
How Was LGP Law Affected During COVID-19?
I was actually a sole practitioner during COVID, meaning I was just one lawyer with one assistant. I tried remotely work for a time, but I wasn’t set up to operate this way; I just had to return to the office. Despite this, I managed to conduct business via phone and Zoom, though always combating the slowdowns, disruptions, and fear caused by the pandemic.
Nothing Can Replace the Value of Human Interaction in Law
Probably the most challenging aspect of my day-to-day practice was making courtroom appearances. As a trial attorney, I need to go to court. Zoom assisted with some of this, but I’m really not a fan of Zoom trials.
Lawyers are at their best when relating with other human beings in a live and real environment. I think the representation of human beings in court was harmed by the sheer number of lawyers who were unwilling to continue to meet with people, primarily because of fear…There’s something incredibly special about coming into the sanctity of a courtroom to resolve our disputes that puts people in a different light, it often puts people on their best behavior, and that’s important.
While we were able to adapt during the pandemic, it was extremely difficult. My assistant was excellent, and we worked through it, but not without significant challenges. It’s was a difficult chapter, and one I hope we’ve learned from.
Choosing Service Over Fear
During the pandemic, we heard a lot of stories from clients who said, “I’ve tried 50 different lawyers. I need help. I don’t know my rights during this pandemic. Nobody will meet with me or tell me my rights as an employee or employer.”
LGP Law continued to advise people throughout the pandemic on their rights, responsibilities, and how to navigate this chaotic world based on their questions.
Part of your job as a lawyer is that you swear an oath to serve people. Sometimes you’re going to have to put yourself in harm’s way to serve another. That’s a really hard concept; it’s sweet and flowery to say in a calm, wonderful, peaceful world, but it’s really difficult to implement in the midst of fear and chaos. There were a lot of lawyers who were unwilling to serve others because of the fear caused by the pandemic, and because of a fear of government entities.
A Supreme Court justice recently reminded lawyers in a statement that serving others can come with personal and familial costs. It’s not always a win-win for the lawyer, but we need to remember the importance of service to others. It’s what we signed up for.
How Yakima’s Legal System Handled COVID-19
Emergency rooms handle crises; courtrooms handle long-term projects. The legal system moves and reacts slowly, making it one of the worst vehicles to address immediate crises.
Slow & Steady | How the Legal System Really Works in a Crisis
While this may sound negative, it’s very important that courts operate slowly because we DON’T want them making decisions in a crisis. Even very smart judges are human and may not perform at their best during a crisis, especially if they are panicked or fearful for their lives.
Now, 5 years later, we’re finally starting to see cases reevaluating the rights and wrongs during the pandemic. Some cases are vindicating employees’ rights to refuse experimental vaccines. One recent case stated that the injections were not life-saving but only minimized COVID symptoms. The court noted that these injections were more like therapeutics, rather than strictly preventive vaccines like those for polio.
The courts are finally making these fine distinctions now, but it took five years to reach these conclusions. This slow response is typical of the judicial system by design and intent.
Our Local Courts Did Some Things Right
Some of the most noble things I saw from the legal profession during the pandemic centered around the courts. As a trial lawyer, this is close to my heart. Our trial courts pivoted very quickly to reorganize calendars and cases to keep functioning instead of shutting down. This pivot was due to our local judiciary and court staff’s incredible willingness to stay the course.
Shutting down the courts entirely would have meant shutting down justice and democracy. We are a rule of law country; that’s why it’s so crucial for lawyers to meet with clients, despite the challenges. But I’m very proud of our local courts in this regard. It was noble and inspiring to see how they moved to continue operating during the pandemic.
Selecting Judges | 4 Excellent Qualities You Should Look For
A lot of decisions in the pandemic were made by judges. Many assume lawyers are the best judges of a judge’s performance because they interact with them so frequently. However, this is a flawed perspective; lawyers often view judges through the lens of their own case outcomes. A favorable ruling leads to positive opinions, while an unfavorable one results in negative views. This bias doesn’t accurately reflect a judge’s true capabilities or fairness. Here are four things I think good judges should be measured by:
1. Judges Must Have a Genuine Love of People
The most crucial quality of a good judge is their heart; a good judge must have a genuine love for people. This is essential because overseeing disputes, especially bitter ones, requires empathy and compassion. Without a deep care for people, a judge can quickly become bitter, negatively affecting their decision-making and ability to guide others. Therefore, whether judges are elected or appointed, it’s vital to assess if they truly love people and whether they are consistently demonstrating that love through their actions.
2. Judges Need a Strong, Balanced Involvement in their Community
Another key quality of a good judge is community involvement. Good judges actively participate in the communities they serve, demonstrating their care and commitment. However, they must also balance active involvement with the need to maintain their impartiality; a good judge must be aware of and avoid conflicts of interest. This can be a challenge, but the best judges can navigate the fine line between being supportive of their community members and maintaining the necessary distance to ensure fairness.
3. Curiosity & Courage Are Both Must-Haves for Judges
I believe an excellent judge must possess both curiosity and courage. Having curiosity ensures they remain inquisitive and open-minded when faced with complex cases; they are actively thinking about the case because everyone’s circumstance is slightly different. Judges must also have the courage to make difficult – sometimes unpopular – rulings.
Together, these two qualities help ensure judges maintain good relationships with people while upholding justice.
4. Good Judges Must Have a Strict Adherence to the Rule of Law
Lastly, judges must have an absolute, overwhelming adherence to the rule of law. This means being intelligent, empathetic, and committed to following the established rules that govern society. We are a rule of law country. This dedication ensures a high level of integrity and fairness, making for an excellent judge.
We all have a role to play in our community and country, especially when it comes to selecting our judges. When casting votes for judges, I think it’s best to look for individuals who have:
- A great heart for people
- Community connection
- Courage and curiosity
- Strict adherence to the rule of law
This combination creates wonderful decision-makers. I think we are very fortunate in Yakima to have such high-quality judges in our community, and as an attorney, I’m very thankful for their excellence.
When the Government is Wrong & Handling Future Crises
Knowing what we know now in 2024, what advice could be given to those facing a future pandemic, government shutdowns, lockdowns, or mandates? What do we do when the government is wrong? What can we do?
The Government Doesn’t Always Get it Right
Sometimes, the government breaks the law. If anyone doubts that, they should definitely re-examine the world around them. The government doesn’t always get it right.
Politicians pick sides, it’s part of their daily job. They seek the advice of the legal scholars available to them, and they make decisions based on evidence and concepts provided. Sometimes they’re right, and sometimes they’re wrong.
When it comes down to determining whether government actions are lawful, it really boils down to the analysis of lawyers in small towns and big cities.
Lawyers Must First Seek to Understand the Crisis & the Mandates
The first thing I’m going to do as an attorney looking into government actions is try to understand the mandate itself and the authority the government is claiming. Lawyers can’t advise people to break the law, but we can explain what the law is to the best of our abilities.
I’m going to do this before I give you any legal advice!
If the government is acting unlawfully, I have absolutely no problem telling a client that, especially in the case of police misconduct, which is one of my main practice areas. Once we’ve determined something is unlawful, we’ll develop a course of action to fix it.
Going to Court for Government Wrongdoing & Settlements
I’m a trial and litigation specializing lawyer – most fixes for me come through a legal battle in the court system due to disputes. Unfortunately, I can’t recall an instance where the government admitted, “Sorry, we made this decision, and we blew it.”
I’ve had many settlements, especially with government entities like police and TSA agents, involving the improper use of authority. Government cases typically resolve through settlement.
When cases settle, nobody is admitting liability. It’s basically both parties saying, “Look, we’ve litigated this to the extent that we can, and we want to control the resolution through settlement as opposed to trial.” There are a lot of things implied when the government pays thousands, or millions when someone was harmed. Implicitly, people understand something wrong probably happened, but the settlement agreement itself will say that no one is admitting fault or liability. That’s typical.
If a case doesn’t settle, then it will go to trial where a judge or jury decides the outcome.
Protecting Your Right to Go to Court is Fundamental!
It’s very difficult to get any level of government to backtrack on its mistakes without litigation. This means protecting the right of the people to file legal claims is crucial, despite arguments over frivolous or ridiculous lawsuits.
As a brief example, the McDonald’s coffee case was used to push for legal reform that limited people’s ability to file lawsuits.
The ability to seek litigation is a very precious human right; limiting it legitimately harms people. It reduces our ability to hold powerful entities and institutions accountable. Keeping the government lawful is already difficult enough.
Call To Action | Overcoming Societal Division & Fear
Is our current federal government collaborative and cooperative, or is it divisive? I look at the federal system now and think it couldn’t be more divisive unless political parties took up physical arms against each other. Division at any level of government harms people. The government is almost immune to its self-inflicted wounds, but real people – those who pay bills, raise children, educate each other, and live in community – are the ones that get hurt through political division.
At some point, the people must say, “Enough’s enough,” and reject the division being spurred on by our leadership. When that happens, it’s often through the legal system, if we can stay alive long enough to fight that battle.
During the COVID-19 pandemic, we saw fear run wild and take people over, lawyers especially. Fear drove us in such erratic, sporadic, and crazy ways, and fear is a pandemic that’s continuing to persist. This is why it’s so important for us to become “fearless.”
Being fearless is not the total absence of fear, but simply just fearing less.
This is what we need to do: When we see division, let’s find unity. When we fear, let’s fear less. Let’s move ourselves and our community forward in a way that changes the world for the better.
As always, I appreciate you being here with us, and thank you for reading.