SIDEBAR Summer/Fall 2020 - 18

MONTGOMERYBAR.ORG

Practicing in a Pandemic
Continued from page 17

related concerns in our "Ask a Real Lawyer" series in MONTCO.
TODAY. We also authored and pitched stories promoting our
Lawyer Referral Service, Modest Means Legal Access and Legal
Aid, which appeared on over dozens of area news websites and
in newspapers, including front page coverage in The Pottstown
Mercury and Times Herald.
We asked how you've adapted to the new normal during these
past few months. Here are your stories.

Andrew S. Abramson, Esq.
Abramson Employment Law, LLC
Lawyers and mediators were concerned
about their jobs and their families. Court
proceedings? Federal court settlement
conferences? EEOC mediations?
Depositions? Could an attorney really work
full-time from home?
At the 10-week mark, the report from this employment
law attorney and mediator may be quite surprising. Matters in
litigation moved forward, federal court settlement conferences
proceeded. I conducted four meditations all of which resolved.
Matters resolve at fair value (one exception: civil trials
postponement).
The game changer: video conference technology. My assistant
and I communicate seamlessly; we communicate with existing
clients; we evaluate potential new matters and form new client
relationships; and in mediations, each side can see and hear each
other. Video technology enhances communication and provides a
personal touch.
What does this mean going forward? The need to travel will
diminish, the need for vast office space will be reduced, and inperson attendance for certain court appearances may be eliminated.
From a mediation perspective, in employment law cases where it
is not unusual to have an in-house corporate lawyer, an insurance
coverage adjuster, the employer representative and the former
employee all in different states, everyone can communicate from
home.

Michelle C. Berk, Esq.
Law Offices of Michelle C. Berk,
P.C.
Firstly, Elder Law Practitioners offer
our sincerest condolences to the families
of Seniors. There is a disproportionate
amount of deaths of residents in facilities
in Pennsylvania that is unprecedented and
truly tragic. The Senior population is also more susceptible to the
effects of COVID 19 and their need for Elder Law Attorneys and
the provision of legal services in this area is greater now due to
COVID 19.

18 SIDEBAR

The Practice of Elder Law has also been impacted. In the
past, house calls, hospital, and nursing home visits were an
integral part of our Practice since many of our clients are too ill
and infirm to meet with us in our Law Offices. Obviously, they
have been curtailed. Further, many of our Seniors are incapable or
uncomfortable using alternate forms of communication such as
Zoom, Facetime and even telephone conversations in lieu of face to
face meetings. Concurrently, there is an increased need to prepare
documents reflecting their last wishes such as Healthcare Powers
of Attorney and Living Wills and Wills. There is an even greater
need for preparing Durable Powers of Attorney. However, our
ability to counsel our clients and their families to assess capacity is
challenged by our inability to meet with them in person.
Our Practice has also reached crisis proportions due to
discharge from Nursing Homes or conversely, admissions to
Nursing Homes, Healthcare Facilities, Home Healthcare and
Hospitals. Elder Law planning to obtain benefits and facilitate
payment is all needed now on an emergency basis. We must be
ready and able to help facilitate the provision of services to those
who cannot navigate the complexities themselves, which is the
majority of our clients. Elder Law and Estate planning in advance
is always the best practice. Awareness of this need has been raised
by the current climate, if there is any upside to this misfortune.
Although our Bar Association has been influential in obtaining
legislation for remote notarization and facilitating the provision of
essential legal services, the demands of technology upon Seniors
differ from that of other populations and affects our representation
and the provision of legal services to Seniors. Despite these
challenges, we will continue to do our very best for our Clients.

Rochelle N. Bobman, Esq.
Bort Law
The coronavirus pandemic and social
distancing protocols mandated by state
and county governments have forced us to
explore new ways to assist clients with legal
issues related to separation and divorce,
custody and support. The challenges of
COVID-19 have thrust Zoom and other video conferencing
platforms into the spotlight as a promising new tool for online
dispute resolution.
Alternative dispute resolution methods for family law matters
include mediation, binding arbitration and collaborative law.
A Mediator is a neutral party who helps the parties negotiate
with each other and make their own decisions. The process is
economical, because the cost of the mediator is split between the
parties, and it gives the parties more control over the legal process.
The confidentiality of mediation prevents private information from
ever reaching a courtroom.
Arbitration is a process where the parties choose a neutral
arbitrator to make decisions for them instead of a judge. The

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