My Covid Backlog – In The Rear View Mirror!

I tried a couple of cases to the bench the first half of this year. But, barring my entry into a new matter shortly before a trial, which occasionally happens, my trial calendar is clear for the remainder of 2023. Tried a few, settled a few, had two resolve by motion, and withdrew from a few with non-paying clients.

My 2024 trial calendar looks much different though – five matters set for jury trials in the first half of 2024! It will be a busy Fall/Winter 2023 into 2024. That is good news!

What is interesting about this breakdown is the Covid factor. The cases I have tried, settled, or withdrew from so far this year were all cases that commenced either before or during Covid. They were cases that had puttered along slowly toward trials through Covid shutdowns and surges, all 2-3, in one case 4, years old when concluded. These were cases where clients had to wait, through no fault of their own, unreasonable periods of time to get resolutions and where the fees to my practice from such cases were spread out over longer than usual periods of time. Bad for the clients, bad for my practice. Contrary to my real fear in March 2020 that Covid would decimate my trial practice, I was reasonably busy during the Covid shut-downs and surges. Happy for that! But the cases did progress differently and slower than in the “Time before Covid”. It was a weird time, to say the least.

In contrast, the cases I have set for trial next year are 2022 post-Covid cases set for trial roughly within 18 months of filing. Granted, it is unclear whether these cases will actually proceed to trial on their trial dates given the remaining Covid-caused court backlog. The courts are still pretty backed up. But they are getting cases set and out for trial and whittling down the trial backlogs. And trial dates are now real dates again as opposed to the place-holders they were during Covid. There is real progress towards a more normal progression of cases in my office, and in the system as a whole.

My Covid case backlog is now in the rear-view mirror. The courts are steadily moving in that direction as well. That is good news – for my clients and for my practice!