The COVID-19 public health emergency has forced changes in many of the institutions and processes we rely on. In fact, it’s impossible to list them all in this article. As business lawyers, we focus on how COVID-19 has changed the business litigation process. As business owners, these changes could affect you if you are currently involved in business litigation or will be in the future.
Communications During Business Litigation
When a lawsuit is pending, good communication is essential. Lawyers and their clients must stay in touch. But lawyers also communicate extensively with courthouse staff, other attorneys, and expert witnesses.
In the past, people often met face-to-face to discuss business litigation issues. People were already trending toward using conference calls and group emails. However, the move toward more digital communications accelerated because of COVID-19.
Parties to business litigation are currently more likely to communicate through online meetings. Zoom is one of the more popular online platforms used for this. Unlike conference calls, participants in an online conference have video options using their webcams.
However, some studies suggest that Zoom calls actually might be less effective. In fact, the term “Zoom Fatigue” applies to people who are tired of video conference calls. As COVID-19 restrictions relax, we may see a return to more in-person communications.
Courts Adapt to the Pandemic
Florida courts responded immediately to COVID-19 restrictions by closing offices to most in-person interactions. In addition, courts focused on the most urgent issues. Additionally, virtual hearings became a reality, although courts did have to enter new guidelines on proper dress and behavior.
Court dockets quickly became stagnant, including business litigation cases. Because of COVID-19 restrictions, cases just did not move forward. However, the Florida Supreme Court recently implemented Differentiated Case Management Plans to get court matters moving again. Hopefully, this will translate into shorter wait times for hearings and trials.
New Laws Due to COVID-19
One significant change involves whether a business can be sued because of COVID-19. In March of 2021, Governor DeSantis signed a law into effect that could limit business litigation related to COVID-19. Generally, companies that made a good faith effort to protect customers and workers may not be held liable for infections and related damages. As this is a new law, interpretations may vary for a while. If your business is sued because of COVID-19, contact a business litigation attorney as soon as possible.
COVID-19 or not, Legal Representation is Critical to Success in Your Business Litigation
Overall, business litigation has become more electronic and digital compared to how litigation was handled before the COVID-19 public health emergency. What remains to be seen is whether these changes will survive the pandemic’s end.
Attorney Richard Sierra at the Florida Small Business Center assists clients like you with business and litigation matters. As always, Our Goal Is to Help You Succeed™. For an appointment, you may call us at 1-866-842-5202 or use the contact form on our website. We represent clients throughout the State of Florida, including Coral Springs, Coconut Creek, Boca Raton, Delray Beach, Pompano Beach, Sunrise, Fort Lauderdale, Miami, West Palm Beach, Jupiter, Deerfield Beach, Stuart, Port St. Lucie, Orlando, Naples, Fort Myers, Sarasota, Tampa, and surrounding communities.