The advantages and disadvantages of virtual court hearings and virtual meetings with your attorney....
The Covid 19 pandemic changed the world in many ways, in some areas these changes will be permanent. One of these changed areas is the practice of law, which will forever be changed because it was forced to adopt new technology. Some of these technological advances improved upon the current systems in place in many courts and law offices, and consequently they are here to stay (until of course they are replaced something later and greater.)
The Covid 19 shutdown forced courts and lawyers to evaluate how we have practiced law, and adjust to the changing times to protect the people who utilize and work in the legal system. Today we are in a digital age of practicing law where technology and practicing virtually have been widely accepted and implemented. Virtual meetings and virtual court hearing can save a lot of time and money for everyone involved.
Although Covid was the culprit behind the widespread adoption of online conferencing in the practice of law, some of the new methods are here to stay and they should be. Online meetings and online court appearances were essential during Covid. Courts in some jurisdictions still have virtual hearings whereas others have returned to exclusively in person hearings. If the virtual appearances had not been possible, our legal system would have basically collapsed.
The United States constitution contains many protections for citizens when it comes to being prosecuted criminally. The constitution mandates such protections as due process, the right to a trial by jury, and the right to be represented by an attorney. If virtual hearings were not available during covid, criminals may have walked free because otherwise their constitutional rights would have been violated. The constitution demands people have a right to a speedy trial and they cannot just be held in custody indefinitely. There are rare exceptions to this such as the legislation passed after 9/11 that allowed suspected terrorists to be help indefinitely at Guantanamo Bay, Cuba without having the right to their day in court.
Similarly, civil courts are essential to our lives by providing the means by which people unjustly injured can be compensated for their injuries. Even divorces and child custody matters could not have been adjudicated without virtual conferencing. This could have left children or spouses in dangerous or undesirable situations with no way out. Can you imagine if you simply could not get a divorce or petition the court to change the custody agreement regarding your children? Without the ability to enforce the law, our country would have fell into a terrible state.
Virtual meetings save time
If you need to meet with your attorney, now it can be done without driving to his office and waiting in the his waiting room (hopefully not for long :). This saves the expense of fuel in your vehicle, wear and tear on your vehicle, and time…. and in this hectic “go, go, go” society we live in, let’s face it, time is money. Saving time also gives you more time to spend with your children or time to work help support them. Or heck, time to go fishing, hunting, watch the Chiefs or simply enjoy your life. This also holds true for online court appearances for the client, you don’t have to spend the time to drive to the courthouse. If you have spent much time in a courtroom, you know courts rarely operate on time, and you can often sit in court for an hour waiting for your 5 minute appearance. Anecdotally, appearing online for a court appearance is significantly less stressful than walking into a courtroom in front of a judge live and in person.
Online conferencing provides flexibility for the courts, attorneys and the litigants (the parties to the case.) Online meetings and court conferences permit a quick face to face meeting that can be set up and completed in a very small period of time from anywhere in the world. Many times in the practice of family law, issues come up which require an immediate (preferably face to face) meeting with the attorney and the client. In the past, such a quick face to face meeting would not be possible and a phone call would have to suffice, or the client would have to wait until there was an opportunity to physically meet with the client. Virtual meetings result in the client’s problem being addressed more quickly and more efficiently, which can be very important because family law often involves time sensitive issues.
Personally, I am an advocate of meeting with clients virtually, but is is essential to physically meet with a client face to face in the beginning of the attorney-client relationship. An introductory consultation can be done online, but I like to have at least one substantial in person meeting after the initial consultation. My ultimate goal is to return you to life much better than when I first met you. To do this I need to get to know you at least a small amount personally.
We all remember the zoom bloopers posted on youtube during the pandemic. These two below are my favorite legal bloopers involving virtual conferencing.
If you are a man facing a Missouri divorce or child custody dispute, please give us a call to set up an in person or virtual consulation, at (816) 287-1530. It's important you consult with an experienced Missouri divorce lawyer to protect your rights, your assets and your children. At the Men's Center for Domestic Resolution, our only goal is to help men navigate the challenges of divorce, child custody, and child support areas of family law.
Yours truly,
Rob Davis, DDS, Attorney at Law.
"Helping men one man at a time"
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