Small Vermont Law Practice Flourishes During COVID-19

The Changes in Practicing Law in Vermont During a Global Pandemic

How a small law practice in Vermont continues to serve clients during the COVID-19 Pandemic

The COVID-19 Pandemic has been filled with challenges for individuals and families across the nation. While the Vermont Court system has not been immune to these challenges, it has certainly shown its resilience in this past year. In the Spring of 2020, the Vermont courts were effectively shut down except for emergency hearings. However, as the courts began to open their doors, little by little over the Summer and Fall, hearings in Vermont resumed.

Using Online Video and Audio Conferences to Hold Court Hearings

The Supreme Court of Vermont has issued a series of Executive Orders over the past year.  Several months ago, the Vermont Supreme Court issued an Order directing that the bulk of the hearings now be held remotely through the Webex video conference service. Webex is a service, much like Zoom, that allows the parties to either call into their hearing via telephone or sign in through video to attend their hearing. While Webex video or audio hearings do not have the same feel as in-person hearings, they are a vehicle by which legal cases can be heard, resolved, and adjudicated in this current legal landscape.

Attending Court Hearings and Testifying Remotely

In some ways, a Webex hearing is more efficient, as the parties and attorneys do not have to travel to the courthouse to attend the hearing. However, remote hearings undoubtedly change how hearings are conducted and how evidence is disclosed. For example, for an in-person Vermont court hearing, the parties typically take the witness stand for their direct and cross-examinations. While the Oath is still administered, now the parties can either testify from the comfort of their own home or office. This relieves some of the pressure from the hearing otherwise taking place live in a Vermont courtroom.

Legal Representation and Testifying Parties Become More Productive During a Case

Remote hearings also allow our clients more freedom to move around whether in our offices or their own homes while the hearing is in progress. While our clients have more flexibility, there are certainly drawbacks to a remote hearing. There are always inevitable technical glitches with either the audio or the video in the remote hearing. We have yet to have these technical glitches prevent testimony from being heard, but they have slowed things down a bit or given rise to interruptions in the general proceeding. 

Format of Vermont Court Proceedings in a Remote Trial

 While the feel of a remote hearing is different from its in-person counterpart, a remote hearing is substantively similar to a live hearing.   For example, on the Webex program, your attorney can still object to the proceedings even while the other party is testifying, just like in a live courtroom setting. It also allows communication with the court and the other attorney through a messaging function in addition to the video hearing. The format also mandates that the attorneys disclose the bulk of their evidence or exhibits in advance of hearing, as there is no longer a live courtroom where the attorneys can exchange and admit evidence. As a result, the documents need to be uploaded in advance of the hearing for not only the court’s convenience but also for the other party’s review.

The Use of Electronic Filing Improves Efficiency

The Vermont courts have also met the need for increased efficiency through a new electronic filing system (Odyssey program.) The Odyssey filing system not only allows for all the filing to be done electronically but it also offers a portal where approved users can review notices, court orders, and motions all in one place.  Admittedly, there was a bit of a learning curve with the new Odyssey system for the court clerks and the attorneys using it. However, now that it is up and running, it allows for a much more efficient process overall.  

Meeting Clients In-Person Still Remains an Option

This new online approach to Vermont Court hearings does not mean that everything has changed with the format of the hearing. We frequently still have our clients come into the office, and log into the hearing with us, all while wearing a mask and staying socially distanced.  In some ways, this is less intimidating for our clients, as the Judge now presides via a computer screen rather than in the physical courtroom, which clients often find a more relaxed setting. This process allows us, when the court permits, to mute the audio and discuss issues with the case and testimony in real-time with the client while the hearing is in progress.

New Remote Court Hearing Process May Remain in Place Post COVID

Despite drawbacks, remote hearings may remain in place as an option for litigants after COVID-19. While there are certainly issues with the technology that enables remote hearings, there are many benefits as well. The most important of which is that, rest assured, your case will be heard in the Vermont courts and that they will remain open. Pandemic or not, the courts and Corsones and Fitzsimons, LLP will stay open for business.