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New Ways Instead Of New Normal

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Embracing unwanted external pressures to improve the practice

The most valuable lesson I learned during the pandemic was to focus on those items absolutely critical to my practice without reference to what was the status quo. As many struggled with the disruptive, depressing and destructive impact of COVID-19, it was only natural to want to return to normal and, in the meantime, try to replicate it with a “new normal.” Inspired by my children’s attitude to the pandemic, I opted instead to transform my practice into something new. My kids are now three years and one year old—so a relatively large part of their life has occurred during the “new normal,” and I’ve seen first-hand there can be amazing resilience when you don’t have a status quo to cling to. While it’s easy for them to be untethered, having nothing to be tied to, I’ve found it a very challenging but rewarding exercise to reshape the way I practice. 

Bare Necessities 

Limitations imposed on the way we practice certainly place a focus on determining what we need to do our jobs and ensure we have those items. Anything that isn’t needed is disposable and raises the question of whether it should be disposed of even in the absence of COVID-19. Personally, if I could do without, I did, and focused on what I needed. Clients aren’t looking to see a futuristic designed office, firm-branded swag, free lunches or marketing email campaigns—they want what they came for—direct access to clear advice and the necessary documents to implement that advice. A cell phone, a laptop (with the right software) and an attorney staying on top of developments (especially during an election year) can deliver the product the client is looking for. This caused me to spend a lot more time making sure my model documents were in a condition that they could be deployed without all the help I was accustomed to in an office setting. 

Communication

An advisor’s technical skill matters little if they don’t have the communication abilities to connect with a client to elicit necessary information from them and to educate them as to the solutions available. Like many, for me, part of forming a connection with a client had involved an in-person meeting where I could look someone in the eyes to read them and so they could see I understood and cared about their concerns. COVID-19 took that mode of communication away. For existing clients, the transition was certainly easier as the rapport we had could be converted to the means of communication available. For new clients, developing that relationship remotely was a challenge. The virtual vortex (Zoom, Microsoft Teams, etc.) provided readily available videoconferencing, but this medium of communication isn’t the same as in-person meetings. I found it useful to connect with friends of mine in other, more technologically advanced industries that had extensive experience prior to the pandemic to see how I can best communicate but, more importantly, to get advice on how to make clients feel comfortable in the medium. 

Remote Executions 

Formalities and remoteness needn’t be mutually exclusive. A pre-COVID estate plan execution ceremony is the antithesis of a socially distant gathering. There are clients, witnesses, a notary and sometimes others, who sit in close quarters passing objects among themselves. In 2020, the election had many thinking about their tax liabilities, and the pandemic had them considering their own mortalities—so there was a need for estate plans to go forward. There were some in-person solutions that were creative and safe—such as meeting outdoors and keeping a distance. These socially distanced ceremonies highlighted how far behind in technology our field of practice is. When I purchased my home five years ago, I executed the sales contract on my laptop in between connecting flights for a business trip. But, when social distancing started, if I wanted to execute my own estate plan, I would need a clear day, a folding table and some individuals with personal protective equipment—if one needs an almanac to schedule something, then the system clearly wasn’t fit for purpose in 2020. 

To address the need to allow continued planning in a manner that doesn’t jeopardize anyone’s health, many states came out with a myriad of emergency measures allowing for remotely witnessing notarization proceedings. I practice in both New York and Connecticut, which had very different procedures—each with their own advantages and disadvantages. I think the profession really needs to look at how we make these remote options permanent and what the best procedure would be. In a post-COVID world, my preference would be to have in-person executions again given the importance of the documents and ensuring proper execution. However, if given the choice between: (1) a remote execution I’m participating in, and (2) my clients taking a stack of documents to a local bank or Automobile Association of America office to find a notary—it’s hard to see what public policy goal is served by prohibiting the former once again and allowing the latter.

Mentoring New Attorneys 

I have very deep respect for attorneys who began practicing in the past couple of years. My own career started during 2012—the last time there was a wave of planning caused by potential tax changes. I learned a lot and received many opportunities early in my career by being in the office at all hours. Based on this personal experience, it’s hard to imagine coming into the practice in a remote setting, so I was committed to finding new ways to mentor newly practicing attorneys and developing personal connections during this extraordinary time. That was certainly a trial and error process but with some good lessons learned and laughs had for some of the less successful ideas. Also, learning isn’t a one-way street because these younger attorneys have a strong command of the technological tools and mediums we’re relying on for our practices. So, almost a year after I went remote, I’ve learned a lot, but there’s still more to do. I hope my education will continue even without the external pressure of the pandemic.


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