Civility and Advocacy in Handling Workers' Compensation Cases
| Publication year | 2017 |
| Author | JOHN J. PARENTE, ESQ. |
JOHN J. PARENTE, ESQ.
San Rafael, California
I have been in the practice of law for many years. During that time I have seen many changes. Most of those changes have been with regard to technology. I started with an IBM Selectric typewriter and carbon paper. We are now well into the digital age, with smartphones, paperless files, and e-mail. While the technological changes have made us more efficient, I think we have lost some of the professionalism that existed in the past.
The practice of law was intense and you wanted to do the best you could for your client; however, you were always respectful to your opponent and the pace was slower. Hearings started at 9:00 a.m. Correspondence was by mail, what we now call "snail mail," and attorneys usually had seven to ten days turnaround with dictation and return mail.
Today, everything is instantaneous—claims files are paperless; most correspondence is by e-mail and in some instances by text messages. While we might still hand-write or dictate letters, clients usually want them sent via e-mail, although they must also be sent to the scanning center. Even billing is submitted in electronic form.
While technology has greatly improved our timeliness and efficiency, I think it has taken away some of the personal contacts. On the defense side, a substantial amount of an attorney's time used to be spent in personal contact with the examiner they represented. They would talk frequently with each other on the telephone. Each would know about the other's family and sometimes their personal problems. At times they would have lunch or dinner together and talk about work. Today most of our clients have voice mail, and we feel lucky when we can get them on the phone. We rarely have personal contact with our examiners. They don't even want letters unless we send them via e-mail. Examiners who send us e-mails expect immediate answers.
The common technologies of today have certainly altered the way we live, but other factors have also influenced our behavior. I think that as a society we have become much more casual. This casualness has carried over to the way we dress. It used to be that, when going to a restaurant, everyone would dress up. Now we see denim almost everywhere, including in the finest restaurants.
Not too long ago the legal profession dictated a formal appearance. There was a time when you would not be caught dead in a law office, if you were a man, without...
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