Social Distancing and the Impact on Process Serving Industry

The ongoing coronavirus pandemic is on everyone's minds. News outlets, social media feeds, friends, and family – everyone is talking about the pandemic. We are anxious about its health and economic effects. There is a lot of uncertainty going around. There are many things we don't understand about the disease and how it will ultimately affect us. Virtually every economic sector is affected, our daily lives are affected and how we socialize is changed. But how is the legal industry responding to the negative effects caused by the pandemic? Specifically, how does the process serving industry respond to it? What's the impact on this industry?

We already saw the devastating effects of the pandemic on the hospitality sector, event planning, and entertainment industry. In these industries, the impact was immediate and drastic – businesses have closed down, the staff went into unemployment and the whole industry is blocked. However, the impact on the process serving industry is not so obvious. Of course, process servers in Miami were affected by the pandemic, but the effects are different. As local courts are closed down, process server specialists see a drop in activity and workload.

Process serving is a direct activity – process servers in Miami come into direct contact with people on a daily basis. This is problematic during the pandemic when social distancing measures are enforced. What's more, closed courts mean that new cases are difficult or impossible to file. This leads to fewer papers that need to be served to individuals. Servers in particularly hard-hit areas have chosen to limit or shut down their activity, in order to avoid getting infected with the new coronavirus. Other servers have encountered serious difficulties while doing their tasks, as some of their clients are closed off during this period. For instance, universities, schools, or public organizations are temporarily closed. As the pandemic progresses, there is a lot of uncertainty in this sector – how will the future look like? When will the restrictions be lifted?

Protecting your process serving business during this period

Always get your information about how to protect yourself and your loved ones from the coronavirus outbreak via reliable, official resources. These include the Centers for Disease Control and Prevention (CDC) and the World Health Organization (WHO). There are also some basic measures you can implement in order to protect your business. Let's take a closer look:

Stay at home as much as you can

Employees may be afraid to come to work, they may be sick or caring for sick family members. Keep in mind that schools and universities are shut down, and parents need to stay at home longer than before. Try to start a work-from-home program in your company, if possible. Law firms often have the resources of working remotely, and technology allows it – try to implement this type of work whenever possible. Ideally, you should train your employees about the new procedures, technology, and type of work you can handle remotely.

This is the perfect time to implement new technology in your company. For instance, cloud technology is a fabulous idea. Your business will have a guaranteed procedural continuity during any type of natural disaster or pandemic. Simply put, you can get work done even if your employees are staying at home, with minimal or no loss in productivity. Remote work also provides flexibility for your team – people can easily communicate and interact on important projects. In order to implement remote work, you will need easy access to the cloud, a reliable way to communicate, increased security, and excellent online storage. You'll also need various video conferencing tools, like Zoom or Slack.

Promote hygiene

This is very important, especially if you continue to work from your office. Promote hygiene measures among your staff and any other visiting person or client. Educate them about proper hygiene (especially hygiene), cough etiquette, and social distancing measures. Remind them to not touch their face, their mouths, and maintain a distance of 5 feet between each other. Make sure you hang up signs that clearly lay out these new habits. Clean all surfaces and keep a supply of infection control supplies, like hand sanitizer, soap, or tissues.

Anticipate the worst

Prepare your business for a drop in business. The number of clients and jobs handled by process servers in Miami is already low, but cases are slowly picking back up again. On September 1st, the eviction and foreclosure moratorium might elapse and this can increase the workload. However, as local courts open up, new jobs will be available, and they will need to dedicate a sufficient amount of time to these tasks. No matter what happens in the future, prepare for the worst that can happen – a total reduction in workload. Think about what you can do to reduce costs or handle staff shortages. Consult with a good HR specialist to handle this problem efficiently.

Communicate

Make sure you communicate daily with your staff and clients. Be open about the situation, look for solutions, and don't hide the truth. This will help reduce stress, will make people understand the situation and new measures will be easier to implement. For instance, if you do not know how and when the business will return to normal, express this directly to your staff. Send regular updates and inform them about the ongoing situation. Also, be open to your other collaborators, clients, and defendants.

Implement new methods of handling the workload

Here are some new procedures you can implement during the pandemic:

• process server specialists should keep a distance of about 5 feet from the people they are serving

• process server specialists should keep hand sanitizer or tissues in their cars when delivering documents

• drop-ins and unannounced meetings should be limited, always call in advance and make an appointment, especially if you visit an office

• ask clients to use digital communication solutions – emails, instant messaging or other tools

• ask staff to work remotely, if possible; your employees should have notebook computers equipped with every tool they need in order to remain productive; all office staff should scheduled times throughout the day when they communicate with other team members; to-do lists, priorities, and other important tasks should be discussed as often as possible; communication should be excellent throughout the day, including talking and texting.

The Court System During the COVID-19 Pandemic

Court activity is seriously impacted by the ongoing coronavirus pandemic. Trials are delayed, courthouses are limiting their activity and the whole legal profession is affected by the restrictions.

The impact of the pandemic has been swift across business, government, and everyday lives. Remote working, shuttered businesses and a massive shock to the stock market define this period. The responses coming from local, state, and federal authorities are varied. Some states imposed drastic restrictions, while others have a more lax approach to the pandemic. Nonetheless, the legal system is negatively affected by the ongoing crisis. Law firms, court reporting firms, and other professionals have seen a loss in revenue and fewer cases. Even the most trusted court reporters in Miami are seeing drastic drops in revenue and activity during these few months.

But how are courts around the country responding to the COVID-19 pandemic? Let’s take a closer look:

The impact on federal courts

Federal courts are affected by the coronavirus pandemic. Most of them are increasingly using remote communication and focus on essential personnel only. However, the courts are not completely closed. The courts still have daily activity, but their workload is reduced. In many cases, the federal courts handle only emergency or high-stake cases. Here is a brief summary of how the federal courts are affected:

• the number of case filings have not dropped significantly over the last few months when compared year-over-year; this shows that litigants are moving forward with the planned litigation;

• case activity is down; data suggests that terminations, solutions, and findings are lower year-over-year; this suggests that even though filings are moving forward, the courts have limited ability in handling these cases; law firms, court reporting firms, and even the most trusted court reporters in Miami are also affected by the reduced court activity;

• the social changes caused by the coronavirus pandemic is visible in federal courthouse activity; courts receive many cases related to social issues caused by the pandemic;

• some practice areas are more affected than others: antitrust cases dropped 62 percent, copyright cases dropped 40 percent, environmental cases dropped 52 percent, trade secret and trademark dropped 20 percent; some practice areas have seen a rise in activity – product liability went up by 50 percent, securities by 10 percent and patent cases by 15 percent.

The impact on state courts

All states have imposed restrictions in an effort to reduce the negative effects of the ongoing pandemic. However, the restrictions are varied. When it comes to the legal system, virtually all states closed state courts until at least June 1st. Only emergency cases are handled. The cases that are still handled are usually the ones that cannot be resolved through a telephonic or videoconference hearing. In some cases, court reporting firms are employed in order to provide adequate video conference services.

Some courts, however, are completely closed during this period. If possible, the staff is working remotely, but the activity is very limited. These courts do not accept new case filings and all ongoing trials are delayed. Because of the restrictions, some in-progress trials have been declared as mistrials. Civil and criminal bench trials are delayed to at least June 1st, depending on the jurisdiction.

The impact on county courts in Florida

Courts across Florida have imposed drastic measures to fight the coronavirus pandemic. In many cases, videoconference services are recommended, and only trusted court reporters in Miami should be used. Here's a brief guide:

• First Judicial Circuit – Escambia, Okaloosa, Santa Rosa, and Walton Counties – all dates are extended to June 1st; hearings and all procedures in child support, circuit civil, county civil, civil traffic, probate and family cases are not considered mission-critical and will be postponed, rescheduled or canceled unless they can be conducted using electronic or telephonic means; in-person appearances are not permitted;

• Second Judicial Circuit – Franklin, Gadsden, Jefferson, Leon, Liberty and Wakulla Counties – all courts are advised to implement remote working and reschedule non-critical proceedings; mediation will be conducted via video conference or telephone service;

• Third Judicial Circuit – Columbia, Dixie, Hamilton, Lafayette, Madison, Suwannee, and Taylor Counties – all jury trials are suspended; non-essential proceedings will be held remotely, via telephonic or video conference;

• Fourth Judicial Circuit – Clay, Duval and Nassau Counties – all criminal and civil jury trials, grand jury proceedings and juror qualifications are suspended until July 2nd; all hearings will be conducted via telephone or video conference means; Zoom and Skype will be used for this type of communication;

• Fifth Judicial Circuit – Citrus, Hernando, Lake, Marion, and Sumter Counties – all non-essential hearings will be conducted electronically; all other restrictions follow Florida Supreme Court directives;

• Sixth Judicial Circuit – Pasco and Pinellas Counties – all criminal and civil jury trials and all related proceedings are postponed until July 2nd; all other restrictions follow Florida Supreme Court directives;

• Seventh Judicial Circuit – Flagler, Putnam, St. Johns, and Volusia Counties – all mission-critical proceedings will take place, but only remotely, via telephonic or videoconference services; all hearings and proceedings deemed necessary will be conducted remotely; all other restrictions follow Florida Supreme Court directives;

• Eighth Judicial Circuit – Alachua, Baker, Bradford, Gilchrist, Levy and Union Counties – all jury trials are suspended until July 2nd; in-person preliminary hearings will be done only for first-degree murder cases; all court events and proceedings should be done remotely, via electronic means, without any in-person court appearances; all other restrictions follow Florida Supreme Court directives;

• Ninth Judicial Circuit – Orange and Osceola Counties – all jury selection proceedings, criminal and civil trials are suspended through July 2nd; all other restrictions follow Florida Supreme Court directives;

• Tenth Judicial Circuit – Hardee, Highlands and Polk Counties – similar to Ninth Judicial Circuit (see above)

• Eleventh Judicial Circuit – Miami-Dade County – non-emergency court proceedings will only be done via telephone or video conference; all deadlines are suspended until June 1st; all other restrictions follow Florida Supreme Court directives;

• Twelfth Judicial Circuit – Hillsborough County – all petit jury selection proceedings, criminal and civil jury trials are suspended until further notice; small claims cases will be handled via teleconferencing; all non-critical matters will be conducted via teleconferencing; mediation will be done in-person, but a distance of 6 feet will be maintained between people during the proceedings.