Local asbestos attorneys joined Madison County Judge Stephen Stobbs at the virtual HarrisMartin Midwest Asbestos Conference and provided insight into how things have had to adjust in response to the Covid-19 pandemic.
The conference, which is typically held in St. Louis, was conducted virtually on Dec. 2.
Stobbs and attorneys Christohper Layloff of The Gori Firm and Eric Hall of HeplerBroom discussed changes in the asbestos docket, including continued trials and virtual hearings.
The group said virtual hearings have mostly been effective aside from some minor technicalities.
They shared concerns for both plaintiffs and defendants as the pandemic continues.
Plaintiffs’ attorneys are concerned about a backlog of trial settings, giving plaintiffs their day in court, settlement negotiations becoming stagnant, health risks, and the difficulty in arguing motions remotely.
Defense attorneys are concerned about restrictions of cross-examinations held virtually, distracted jurors, limitations on demonstratives, technological deficiencies, and conducting a trial without a complete defense.
As for the impact Covid-19 has had on trials, Stobbs explained that trials have not been held since they were first continued beginning in March. However, he said he would likely opt for a bench trial over a remote jury trial if the parties agreed.
Madison County has conducted some criminal trials in person since the pandemic required necessary changes to the status quo, but there have not been any civil trials held.
The group hoped that as the country nears closer to the possible distribution of a vaccine, there should be more options for in-person jury trials and hearings. They also speculated at how things may look in the meantime.
“We have as many questions as we do answers for you,” Stobbs said.
“We will be back in the courtroom in some fashion soon,” he added.
Attorneys Allyson Romani of Shrader and Associates and Sara Ingram of Heyl Royster also talked about the challenges of being both a parent and a lawyer working from home during the pandemic.
They joked that they thought working from home would be a dream.
“But then reality set in,” Ingram said.
The pair said they’ve worked hard to manage clients' expectations through communication, transparency, understanding financial concerns and logistics.
Ingram urged attorneys to be open with clients about their work-from-home situation so they know their cases are still a priority.
Romani added that while plaintiffs are frustrated that trials are continued and worried about piling medical bills, they have been very understanding.
Many asbestos plaintiffs are also oftentimes considered high-risk for Covid-19 and must take their own precautions.
Romani and Ingram stressed that mental health and the work-life balance are also important to consider while working from home. Attorneys need to maintain time and space boundaries. In other words, boundaries should be set for where and when work takes place.
“We need to give each other a break and understand that we’re all doing the best that we can,” Romani said.