PART 10: LET'S TRY TO HOLD ON TO THE PAST, YOU KNOW LIKE... MARCH.

Aug 11

I have not set foot in a courthouse since mid-March 2020. I have not appeared live and in-person before any judge, mediator, or tribunal for approaching on now six months. Sure, there have been lots (and lots) of Zoom, Skype, and Teams conferences and mediations. However, during this pandemic there have been no crowded hallways, dirty courtrooms, broken chairs or smelly stairwells. You know, the good stuff.

We know that being socially distant has required trading the old way for a new way of working that involves kids, dogs, and grilled cheeses.

Recently, a judge became angry when a lawyer referred to his ruling as “nonsensical” in the context of a motion for reconsideration. The court was correct that this this kind of language was inappropriate. This is supposed to be “gentle-persons” practice and that concept seems to have eluded some of us.

All of this brings me to some of the draft proposals that the I have seen for restarting in-person jury trials. In several states they are (to be kind) understandably modest. For example, New Jersey is working on maybe one civil jury trial, in limited counties, towards the end of the year. Likewise, Florida has experimented with online jury trials to some extent. Let’s face it, these ideas are important but progress in moving cases and clearing backlog in the days of this pandemic will be challenging and slow.

Now, the SDL has made proposals for summary bench trials, speed mediations, and creative uses for offers of judgment to address and reduce court backlog. The SDL still endorses these aggressive plans, but the court systems seem to have other ideas about going forward.

As the terrible year of 2020 fades away (we in the Northeast can now also add major power outage to the list of “terribles”), the SDL wonders how long the delis, newsstands, coffeeshops, restaurants, bars, and other businesses that we frequented near courthouses can survive? The good stuff-- all the things not taught in law school in the physical practice of law, is at risk of fading away to the online practice of law.

For now, there is no doubt we need to stay at a distance. No one understands it more than the SDL, but I don’t have to like it.

Christopher Fusco

Mr. Fusco has been a founding partner of the Firm since 2001. Mr. Fusco is also the Firm’s Managing Partner. Mr. Fusco's practice concentrates on the defense of the Firm's clients in commercial, construction, insurance, transportation, general liability, public entity, constitutional law, and high-profile tort litigation. He has completed major jury trials including negligence cases, NY Labor Law lawsuits, and alleged police misconduct constitutional law claims.

Prior to being the Firm’s Managing Partner, from 1992 through 1996, Mr. Fusco was an Assistant District Attorney with the Kings County District Attorneys Office in Brooklyn, New York. As a Senior Trial Attorney, he was responsible for managing major felony cases. He completed over fifty jury trials including cases involving murder, armed robbery, and undercover investigations. He was assigned high-profile cases with special victims. Mr. Fusco also drafted and successfully argued People's Appeals before the Appellate Division.

From December 1996 to September 1998, Mr. Fusco was an associate in the New York City firm of Wilson, Elser, Moskowitz, Edelman & Dicker where he specialized in complex construction, commercial, labor, insurance coverage, professional liability, employment, civil rights and personal injury litigation in both federal and state courts. Mr. Fusco completed jury trials involving negligence and construction cases. Mr. Fusco was also responsible for handling corporate and construction-related contractual and lien law disputes.

From September 1998 to October 2001, Mr. Fusco was a partner in the firm of Wright & Fusco, LLC where he successfully defended mass toxic tort actions filed against major chemical and asbestos manufacturers. In addition, Mr. Fusco was responsible for managing the firm's insurance defense and transportation clients.

https://www.callahanfusco.com/christopher-g-fusco

PART 10: LET'S TRY TO HOLD ON TO THE PAST, YOU KNOW LIKE... MARCH.

PART 11: WHAT WE DON’T KNOW IS STILL A LOT.

PART 9: HOW DO WE DISTANCE WHEN IT’S COLD?