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COVID-19 has shut down the American legal system
The ongoing COVID-19 pandemic has severely disrupted America's already overburdened legal system, leaving countless cases unresolved as judges and court staff stay home. As the situation drags on, attorneys warn that these backlogs could take years to resolve once the crisis subsides. For individuals caught in this legal limbo, this could mean longer jail sentences for those awaiting trial, delayed immigration proceedings, reduced insurance payouts, and prolonged family law issues.
Here's what you should know:
- Court delays are a result of limited operational capacity, even after reopening. These delays aren't going anywhere anytime soon.
- Every branch of law has been affected, though the severity may vary depending on geographic location and legal necessity.
- Despite challenges, lawyers are leveraging new technologies to connect with clients virtually, and some cases are being settled outside traditional court settings.
Everyone involved—lawyers, clients, and court staff alike—is frustrated by these delays, and there's a palpable sense of uncertainty about how long this will last.
"Whenever clients ask me how long this will take, my honest answer is that I've never handled a case during a pandemic before," shared Joshua Goldstein, an immigration attorney based in Los Angeles. "It's completely uncharted territory."
### Why the Delays?
When the U.S. went into lockdown in March 2020, so too did the judicial system. While courts are essential services, they're also potential hotspots for virus transmission. As a result, many courtrooms across the country have remained closed or severely restricted since the pandemic began. Stewart Guss, an attorney at Stewart J. Guss, Injury Accident Lawyers in Houston, explained, "Like any other industry, the legal sector is striving to function safely while maintaining efficiency amidst the pandemic. Judges, clerks, and staff all want to stay safe, which is why many courtrooms have been shut down or heavily curtailed."
The delays in criminal cases have had a cascading effect on civil and family law cases. A lawyer I spoke with mentioned that someone filing for divorce in March might not see progress until August or September at the earliest.
Stewart Guss, who dealt with post-Hurricane Harvey delays in 2017, compared the current situation to that earlier crisis. "Most courts were closed for four to six weeks, leading to a backlog that lasted nearly two years," Guss noted. "If that happened with a short-term shutdown, imagine the impact of a prolonged one. We're still navigating this storm, so things could worsen."
Tony Kalka, a personal injury attorney from Kalka Law Group in Atlanta, highlighted another overlooked issue: "Victims seeking compensation for injuries are left in limbo. Since I haven't been in a courtroom since March, my clients' cases are delayed indefinitely. This is especially concerning for those who need immediate relief and treatment."
### Who's Affected?
Everyone, from top to bottom. It's not just certain counties or specific groups of lawyers. The entire U.S. legal system has been impacted. Guss compared the situation to snow being pushed by a plow. When the pandemic hit, all cases were shifted to later dates on the calendar.
"You can push all those dates forward, but the effect compounds," Guss added. "Once we return to normal operations, we'll have to handle not just regular cases but also those delayed ones. There's only so much capacity in a courtroom."
While this presents challenges, it also opens opportunities for innovation. Courts are eager to resume normal operations, and new methods are emerging.
For now, the delays are significant and expected to grow. Some delays even carry health risks, particularly in crowded detention centers.
### Criminal Law
Even though criminal cases are prioritized, the "snow plow effect" means delays are inevitable. Brian Joslyn, a criminal attorney from Joslyn Law Firm in Cincinnati, cautioned, "If you're accused of a crime during the pandemic, your experience will likely be worse. With so many cases backlogged, individuals are staying in jail longer than expected, raising concerns about rights violations."
Given the rapid spread of the virus in confined spaces like jails, this is alarming. Despite presumed innocence until proven guilty, individuals accused of crimes risk exposure to COVID-19. However, Joslyn pointed out a silver lining: "Prosecutors are offering more favorable plea deals to reduce case loads. This can speed up the process, albeit imperfectly."
### Personal Injury Law
Traffic may be lighter during the pandemic, but fatal car crashes are on the rise. If you're injured in a crash, what should you do? Tony Kalka, an injury attorney in Georgia, warned, "Without jury trials or in-court hearings, insurance companies have an edge. They're offering lowball settlements, arguing that medical evaluations suggest minor injuries, ignoring the fact that victims couldn't access proper assessments."
Kalka advised clients that their claims could take twice as long to resolve. Cases that typically take a year might now take two.
Drivers should also be aware that insurers are less stressed due to fewer drivers on the road. Stewart Guss noted, "Some insurers are using this time to resolve older claims, which could make settling injury claims easier in some regions."
### Family Law
Brian Joslyn, who also practices family law in Ohio, expressed concern for victims of domestic violence. "In normal times, people planning to leave abusive relationships can consult lawyers privately. Now, many cannot."
Joslyn highlighted practical challenges: "Securing new housing, updating accounts, or obtaining independent phones is nearly impossible when sheltering in place. Meeting with a family law attorney is equally tough with most firms conducting consultations remotely."
Joslyn urged those in abusive situations to act now. "The situation will worsen, and for some, patience isn't an option."
### Immigration Law
Immigration law faces additional hurdles due to travel restrictions and policy changes during the pandemic. Joshua Goldstein, an immigration attorney in Los Angeles, said, "Processing times are unpredictable. USCIS and the State Department have furloughed staff, closed offices, and imposed operational limits."
Yet demand remains high. "People are anxious and desperate to help loved ones," Goldstein noted. He emphasized acting now: "The sooner you address your immigration needs, the smoother the process will be, even if it takes longer than pre-pandemic times."
### Looking Ahead: Better Technology?
Regardless of how long the pandemic persists, the legal system remains operational. Virtual meetings via platforms like Zoom are now common. Sometimes they work well; sometimes they create new problems.
Stewart Guss recounted an incident during Texas' first virtual jury trial: "A juror stepped out mid-testimony to take a call. Such behavior wouldn't happen in a physical courtroom, highlighting the need for improved legal processes."
These changes have been eye-opening. Lawyers realize they can adapt in ways previously unimaginable. Many don't expect to return to pre-pandemic office routines anytime soon, which isn't necessarily bad. Clients may save on travel costs and avoid the stress of commuting.
"Imagine feeling calmer talking to a lawyer or judge from your living room with your pet," Guss said. "Clients report less stress dealing with legal matters."
Another positive: more disputes are being resolved out-of-court, which benefits everyone involved. If you need legal mediation during the pandemic, expect delays but also empathy from attorneys.
"Despite rumors, lawyers are human too," Guss concluded. "We're just as stressed as you are, but everyone wants the system to run smoothly."