Tag: attorney

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Legal Matters: Coronavirus takes a swing at marriage

The most common question I have been asked during the past several months is, “Are you seeing an uptick in divorces as a result of the Coronavirus?”
The answer is yes.

Although there are many reasons besides COVID-19 for this uptick in filings, my firm attributes the financial stress, the quarantine of the people to their homes, and the uncertainty of the future as the catalysts for the rise in divorce filings.

Humans can only handle so much stress and uncertainty before it affects their mental health and personalities. The “new-normal of quarantine” now includes varying amounts of financial worries, job security, boredom, inability to escape, lack of intimacy, stress over home-schooling, stress over social-distancing, etc. There also appears to be no end in sight.

People are depressed and are realizing that life is short. Husbands and wives are spending hours each day scrolling through Facebook and Instagram and re-evaluating their past life choices. If they are not happy in any facet of their
life (including their marriage), they are choosing to throw in their cards and
go to another table. Some people are blaming their marital issues on the
pandemic to make it easier to explain to friends and family why they are seeking a divorce.

Try to remember back to your pre-pandemic routine. After accounting for work, gym, kids’ activities, Publix, driving to and from various other activities, you spent a couple of hours a day with your spouse, at most, excluding the time you both are sleeping. Now you’re Bill Murray in Groundhog’s Day, spending 24/7 with your spouse. You have nothing to dilute your time. There is no outlet. There is no place to hide (work, bar, or gym). There is no one to vent to outside of your spouse. There are only so many times you can watch The Office or bike ride around the neighborhood before you crave additional socialization.

If a couple is having trouble, most of their interactions will now be neutral or negative. Patience is short and tensions are high. Like Jerry Seinfeld or Elaine Benes, if your spouse eats their peas one at a time, likes a cotton Dockers commercial, or uses too many exclamation points, it may now be a reason for a fight. If your relationship was already shaky, the quarantine has put lighter fluid on the coals that were already burning.

Spouses also have to contend with disputes over social distancing and parenting styles. As people are working from home, they can now observe how their spouse interacts with their children during the day. Spouses are concerned over their partner’s parenting and discipline style and are criticizing
how their spouse spends their time and questions their judgment.

This list goes on and on … we have heard some divorce consults complain that they believe their spouse is irresponsible for not social distancing and/or wearing a mask, in disagreement whether to send their children to school or embarrassed that their spouse refuses to pay for private school.

The stress is piling up!

Oh, and by the way, the country is dealing with a divisive presidential race — always a fun topic to discuss when you’re already on edge.

Hopefully, the numbers in South Florida will become softer so people can start
the road back to normalcy and reduce their stress levels. If not, divorces may
continue to rise.

 

By Philip Snyder, Esq.

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Are we witnessing the end of LIVE Jury Trials?

As a result of COVID, circuits around the country are experimenting with remote jury trials. Broward County Chief Circuit Judge Jack Tuter, along with the American Board of Trial Advocates, are leading the charge. The State, if not the country, is watching. How do you create a system that moves cases without jeopardizing the rights of the parties?

Besides the basic challenges of how to call witnesses and enter exhibits, what happens if there is a technology glitch (i.e. wifi goes out)? Worse yet, how can we ensure the jurors are not playing Mario Kart during closing arguments if there is no one to monitor their actions?

As a litigator, I can attest that remote meetings via Zoom can be quite advantageous for routine hearings such
as status conferences, discovery disputes, and even dispositive motions. Remote hearings save attorneys a tremendous amount of time. I have personally waited hours in a filled courtroom for a judge to say, “Hello, Mr. Snyder. Your motion for continuance was granted. I’ll see you in eight weeks.” These “time-drains” would be eliminated with remote hearings.

Jury trials, however, are a whole different animal.

Some parts of trials are already remote. In many civil trials, doctor’s testimony is presented via video. Although these videos must be edited to account for objections (and cost an arm and a leg), they are very efficient. Push play and sit down.

Juries many times do not appreciate the “controlled chaos” within the courtroom. Attorneys may spend hundreds, if not thousands of hours preparing for a trial. Even if the attorney knows the case “like the back of his hand” and has thought of every possible contingency, there are always unavoidable curveballs. To quote Ross Geller, attorneys must “PIVOT” and plow ahead. These “on-the-fly” adjustments are much more challenging on a ZOOM platform.

Jury trials are equal style and substance. Trial attorneys lend an air of gravitas to the proceedings. The best trial attorneys are orchestra conductors who seamlessly make dozens of strategic decisions on the fly like: (1) how close the stand to a jury; (2) when to make eye contact with a particular juror; (3) when to pregnant pause; (4) when to put a hand on their client’s shoulder; (5) when to smile/scowl; (6) when to object / how forcefully to object, and (7) when to just remain silent and let the witness sink their own case.

Non-verbal communications are sometimes more important than what is said. During my last criminal trial, I made eye contact with a juror during my cross examination of the lead detective. I knew right then and there my argument was gaining traction. The juror observed what I observed-the lead detective squirming in his chair and become visibly irate. I dug-in deeper and really pushed the issue. My client was acquitted. The juror was the foreperson. This connection would have been lost in a remote trial.

We may have the technology to conduct remote trials, but technology does not transfer the human emotion and connection – these are vital elements of a fair jury trial.

I do not envy the people who need to decide on when we get back to live trials and in what capacity. It is a delicate balance. With the support of our hard-working Judges and trial bar, Broward County is on the right-side of the curve. I am confident they will be able to come to a happy medium balancing technology with human elements.

By Philip Snyder, Esp.

Philip Snyder is a personal injury attorney at Lyons, Snyder & Collin.

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