COVID-19 has shut down the American legal system

The ongoing COVID-19 pandemic has brought the already burdened American legal system to a standstill. With judges working remotely and courthouses closing, countless cases are piling up, and the backlog is expected to persist long after the pandemic subsides. For individuals involved in legal matters, this could translate to prolonged detention periods for those arrested, delayed immigration proceedings, reduced insurance settlements, and extended waits for family law issues. Here’s what you need to understand: The delays stem primarily from the courts' limited operational capacity, even after reopening. These delays are not isolated; every legal domain—from criminal to civil—has been affected, with variations depending on geographical location and specific legal needs. While some lawyers are embracing digital tools to continue client interactions, many cases are still being postponed indefinitely. The situation is frustratingly unclear. “People keep asking me how long this will last,” shared Joshua Goldstein, an immigration attorney in Los Angeles. “I honestly can’t say—I’ve never handled cases during a pandemic.” ### Why the Delays? When the U.S. lockdown began in March 2020, the legal system followed suit. Although courts are vital services, they’re also potential hotspots for virus transmission. Consequently, courts are prioritizing criminal cases, which are themselves facing delays due to the pandemic. “Like every other sector, the legal industry is striving to function safely and efficiently amidst the pandemic,” explained Stewart Guss, a personal injury attorney from Houston. “Lawyers, judges, and court staff alike prioritize safety. Many courtrooms have remained closed or severely restricted since the crisis began.” These delays ripple across civil and family law cases. A lawyer mentioned that someone filing for divorce in March might not see their case progress until August or September. Stewart Guss, who dealt with delays after Hurricane Harvey in 2017, noted, “Courts were closed for four to six weeks then, leading to a backlog lasting nearly two years. If that happened over weeks, imagine the impact of months-long shutdowns.” Tony Kalka, a personal injury attorney in Atlanta, highlighted another concern: “While safety is paramount, victims seeking compensation for injuries are left in limbo. I haven’t stepped foot in a courtroom since March, and my clients’ cases won’t be heard until September at the earliest.” ### Who’s Affected? Everyone, from top to bottom. The nationwide legal slowdown isn’t confined to certain areas or counties—it’s universal. Stewart Guss compared legal cases to snow being pushed by a plow. The pandemic pushed all cases forward on the calendar, creating an accumulating backlog. “When you reopen, you have to handle the regular caseload plus the delayed ones,” Guss explained. “There’s only so much a courtroom can handle. The bad news is that delays will persist. The good news is that adversity often leads to innovation. Courts are eager to return to normalcy.” Currently, delays are severe and expected to worsen. Some even pose health risks. Let’s examine how different legal domains are being impacted. ### Criminal Law Even though courts are prioritizing criminal cases, the backlog remains. “If you’re accused of a crime during the pandemic, your experience might be worse than usual,” warned Brian Joslyn, a criminal lawyer from Cincinnati. “With so many cases delayed, individuals are spending more time in jail than expected, raising concerns about rights violations.” Given the virus’s rapid spread in crowded spaces like jails, this is concerning. In the U.S., you're presumed innocent until proven guilty, but being accused of a crime during a pandemic could expose you to the virus. “On the brighter side,” Joslyn added, “prosecutors are offering more favorable plea deals to ease the backlog.” ### Injury Law Roads may be quieter during the pandemic, but car crash fatalities are rising. If you’re injured in a car accident during this time, what should you do? “Without jury trials or in-court hearings, insurance companies hold the upper hand,” said Tony Kalka. “They’re making lowball offers, ignoring the fact that injured parties might not have had access to proper medical evaluations.” Kalka advises his clients that their claims could take twice as long to resolve compared to pre-pandemic times. Additionally, insurers are handling fewer claims due to reduced traffic, giving them more time to settle older cases. ### Family Law Domestic violence victims are particularly vulnerable. “I worry deeply about those in abusive relationships,” said Brian Joslyn. “In normal times, someone planning to leave their partner could prepare privately. Now, it’s nearly impossible for many.” Escaping an abusive environment involves challenges like finding housing or updating finances—all harder when sheltering in place. Meeting with a family law attorney is equally difficult due to social distancing measures. Joslyn urges those in abusive situations to act immediately. “Things will worsen in the short term, and for some, waiting is not an option.” ### Immigration Law Immigration law faces unique challenges. Movement restrictions and policy changes during the pandemic have compounded the issue. “The path ahead is uncertain,” said Joshua Goldstein, an immigration attorney in Los Angeles. “Processing times are unreliable as USCIS and the State Department have cut staff and limited operations.” Despite these hurdles, demand for immigration services remains high. “People are anxious and desperate to help their loved ones,” Goldstein said. He advises acting now, noting that delays will persist but acting early improves outcomes. ### What’s Next? Better Technology, Hopefully The legal system won’t disappear, but how we interact with it will change. Video conferencing is now common. Sometimes it works well, but other times it creates new problems. “A recent virtual jury trial in Texas was disrupted when a juror took a call in another room,” recalled Stewart Guss. “This wouldn’t happen in a physical courtroom. We need to refine the system to adapt.” Surprisingly, some lawyers see advantages. Remote meetings eliminate parking hassles and travel stress. Clients feel more relaxed discussing legal issues from home. “If you need legal help during the pandemic, expect delays but also empathy from lawyers,” said Guss. “We’re humans too, and we share your frustrations.” Regardless of the challenges, the legal system is adapting.

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