Gavin Howe
During the COVID-19 pandemic, the state of Pennsylvania implemented a series of measures to curb the spread of the virus. These measures included stay-at-home orders, social distancing, and the closure of non-essential businesses. While these measures were necessary for public health, they also presented a challenge for businesses, including law firms, which had to navigate the uncertain terrain of altered operations, waivers, and potential closures. So, can law firms stay open in Pennsylvania? This question was on the minds of many legal professionals in the state as they grappled with understanding the implications of the pandemic on their practices.
| Characteristics | Values |
|---|---|
| Law firms allowed to stay open | Yes, but on a restricted basis |
| Ruling authority | Pennsylvania Office of Counsel |
| Reason for restriction | To prevent the spread of the coronavirus |
| Year of ruling | 2020 |
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What You'll Learn
Law firms as non-essential businesses
In March 2020, Pennsylvania Governor Wolf ordered all law firms and other legal services to close their physical offices as part of a larger order specifying that non-life-sustaining businesses must close to prevent the spread of COVID-19. This order categorized "legal services" as non-essential, along with many other professional services.
The order caused concern in the legal community, with Philadelphia attorney Theodore "Ted" Simon writing a letter to Wolf's office and the Administrative Office of Pennsylvania Courts. Simon's letter stressed the constitutionally mandated roles that attorneys play in the judicial system, stating that the designation of legal services as non-essential failed to recognize the role of criminal defense lawyers as outlined in the Fifth and Sixth Amendments to the U.S. Constitution and the Pennsylvania Constitution.
In response to the mandate, William C. Costopoulos of Costopoulos, Foster & Fields filed a petition for an emergency injunction with the Supreme Court, arguing that the order was "so broad and sweeping, it is manifestly unconstitutional" and could cause irreparable harm. The Office of General Counsel ultimately approved the AOPC's guidance, allowing law offices to remain open on a restricted basis.
While the specific circumstances surrounding the COVID-19 pandemic and related stay-at-home orders have resulted in varying interpretations of whether law firms are essential or non-essential businesses, it is generally recommended that law firms prepare to work remotely as much as possible. This includes ensuring access to case details, maintaining communication with clients, and facilitating collaboration among lawyers and staff.
It is important to note that the designation of law firms as essential or non-essential businesses may vary across different states and even specific circumstances within a state.
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The constitutionally-mandated role of attorneys
In March 2020, Governor Wolf ordered that all law firms and other legal services in Pennsylvania close their physical offices to prevent the further spread of the coronavirus. This mandate categorized "legal services" as non-life-sustaining, and caused concern in the legal community. In response, Philadelphia attorney Theodore "Ted" Simon wrote a letter to Wolf's office and the Administrative Office of Pennsylvania Courts, emphasizing the constitutionally-mandated roles that attorneys play in the judicial system.
The right to an attorney is a core American principle that predates the establishment of American independence. The Sixth Amendment of the U.S. Constitution guarantees the right to counsel, ensuring that defendants in criminal cases who cannot afford their own attorney have access to fair trial rights. This right is also supported by the Fifth Amendment. The "Miranda warning," which arose from the Supreme Court's 1966 decision in Miranda v. Arizona, has made people familiar with their Sixth Amendment rights.
Attorneys play a crucial role in ensuring that individuals have access to justice and fair trials. They are responsible for providing legal representation, resolving disputes, and helping to strengthen the public's understanding of the rule of law and the justice system. In addition, lawyers should cultivate knowledge of the law beyond its use for clients and work to reform and improve legal education. They should also be mindful of deficiencies in the administration of justice and ensure equal access to the justice system for all, regardless of economic or social barriers.
Furthermore, government lawyers have specific responsibilities and authority concerning legal matters. They may have the power to decide on settlements or appeals on behalf of government agencies, and they can represent multiple government agencies in intragovernmental legal controversies. Lawyers under the supervision of the attorney general, state's attorney, or other government law officers, also have important roles to play in these areas.
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The coronavirus pandemic
In March 2020, Pennsylvania Governor Wolf ordered all law firms and other legal services to close their physical offices to prevent the spread of the coronavirus. The mandate categorized "legal services" as non-life-sustaining, along with other professional services. This caused concern in the legal community, with some lawyers stressing the constitutionally mandated roles that attorneys play in the judicial system. The Office of General Counsel later approved the AOPC's guidance, allowing law offices to remain open on a restricted basis.
During the coronavirus pandemic, the US Attorney's Office for the Eastern District of Pennsylvania remained committed to protecting the rights of citizens. They worked with law enforcement partners to deter illegal activity and address crimes that exploited the pandemic, such as fraudsters selling fake cures and performing fraudulent tests. The Pennsylvania Attorney General's Office also received thousands of price gouging complaints, where prices were at least 20% higher than normal, which is illegal during a disaster emergency. The Department of Justice directed the United States Attorney in each district to be vigilant against violations of constitutional rights and civil liberties.
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The closure of Pennsylvania's courts
In March 2020, Pennsylvania's governor, Wolf, ordered that all law firms and other legal services close their physical offices. This was part of a larger order that specified that non-life-sustaining businesses must close to prevent the further spread of the coronavirus. The mandate caused concern in the legal community, with Philadelphia attorney Theodore "Ted" Simon writing a letter to Wolf's office and the Administrative Office of Pennsylvania Courts. In the letter, Simon stressed the constitutionally mandated roles that attorneys play in the judicial system.
Simon's letter highlighted that the designation of legal services as non-life-sustaining failed to recognize the crucial role of criminal defense lawyers, as guaranteed by the Fifth and Sixth Amendments to the U.S. Constitution and the Pennsylvania Constitution. In response to Wolf's order, William C. Costopoulos of Costopoulos, Foster & Fields filed a petition for an emergency injunction with the Supreme Court, arguing that the order was "manifestly unconstitutional" and could cause irreparable harm.
The Office of General Counsel's guidance, issued on Friday, allowed law offices to remain open on a restricted basis. This guidance was welcomed by Simon, who believed it showed that Wolf recognized the important role of attorneys. The Pennsylvania Supreme Court had also ordered the closure of all courts in the state through the beginning of April, contributing to the challenges faced by lawyers and their clients during the coronavirus outbreak.
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The impact of closures on lawyers and clients
The closure order had a direct impact on lawyers' ability to practice and serve their clients. It raised questions about the constitutionally mandated roles of attorneys, particularly in criminal defense, as highlighted by Philadelphia attorney Theodore "Ted" Simon in a letter to the governor's office. The letter stressed the essential role of attorneys in the judicial system, even during a public health crisis.
Clients of law firms also experienced disruptions to their legal matters. Court closures and alterations affected ongoing cases and delayed access to justice. The inability to meet lawyers in person further complicated legal proceedings, especially for those with limited digital access or complex cases requiring in-person interactions.
The financial implications of closures on law firms and lawyers cannot be overlooked. A loss of billable hours and potential cases could have impacted lawyers' incomes and the overall financial health of their firms. Additionally, clients may have faced challenges in engaging legal services, especially if they required urgent legal assistance or had financial constraints.
While the closure order aimed to slow the spread of the coronavirus, it highlighted the delicate balance between public health and the administration of justice. The recognition of attorneys' constitutionally mandated roles led to the approval of the AOPC's guidance, allowing law offices to remain open on a restricted basis. This decision demonstrated a crucial understanding of the essential role lawyers play in society, even during a pandemic.
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Frequently asked questions
Yes, law firms can stay open in Pennsylvania on a restricted basis so lawyers can continue to perform functions that courts have deemed to be "essential".
The Pennsylvania Governor, Tom Wolf, ordered all non-essential businesses to close, but the Pennsylvania Office of Counsel said law offices could remain open.
They are advised to contact the Department of Community and Economic Development at [email protected] or call 1-877-PA-HEALTH and choose option 1.
You can call 1-877-PA-HEALTH and choose option 1.
