In a thought-provoking special column published in June 2021, all four partners of Deutsch Blumberg & Caballero, P.A.—Edward R. Blumberg, Steven K. Deutsch, Cosme Caballero, and Robert E. (Beau) Blumberg—address a critical post-pandemic concern: the increasing virtualization of court proceedings. While acknowledging the comfort, convenience, and financial benefits of virtual hearings, the authors contend that a wholesale shift away from in-person court appearances, especially for motions, evidentiary hearings, and non-jury trials, poses a severe threat to the very foundation of the justice system. Their primary argument centers on the stunting of professional growth for new lawyers and future judges, who are being deprived of the crucial, hands-on courtroom experience essential for developing advocacy skills, legal acumen, and understanding courtroom decorum.
The partners elaborate on the detrimental impacts, likening the loss of in-person hearings to removing a vital “residency program” for young attorneys who learn from observation and direct interaction. They warn that this virtualization risks diminishing judicial quality by limiting lawyers’ ability to properly assess judges for re-election, and ultimately degrades the solemnity and public confidence in the administration of justice. Asserting that convenience should never outweigh core values, the firm’s multi-generational trial lawyers emphasize that the dignified courthouse and in-person advocacy are time-honored traditions that serve as the “glue” of democracy. Their proposed solution is a balanced “hybrid system” that ensures courtrooms remain open for in-person appearances while offering a virtual option, thereby preserving the integrity and future vibrancy of the bench and bar.
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