Law360 (April 14, 2020, 10:55 AM EDT )

M.C. Sungaila

With distancing and isolation the new norm during the COVID-19 pandemic, Law360 is sharing reactions from around the business and legal community.

Today's perspective comes from Costa Mesa, California-based Mary-Christine "M.C." Sungaila, a partner and appellate practitioner at Haynes and Boone LLP. She is also a member of the board of directors of the Orange County Bar Association. 

What challenges has the pandemic created in your specific area of work?

Appellate lawyers can do much of their work remotely. Reviewing appellate records and writing briefs are best done in solitude, during uninterrupted chunks of time. Brainstorming and strategizing with the appellate team can be done by phone or videoconference.

But oral arguments have not been done remotely. With the pandemic, that is changing. Now, for the first time, entire oral argument calendars are being held with all participants — the judicial panel and advocates — in separate remote locations.

This shift in the use of technology by courts is happening nationwide, all at once. It has the potential to continue, at least to some extent, after the pandemic. If it does persist, it will usher in a massive shift in oral argument.

Oral advocacy on appeal changed in the late 20th century when oral argument questioning from the bench became more widespread. Entirely remote oral arguments have the potential to change advocacy again in the 21st century.

Litigation more generally in "corona time" has been impacted by frequent changes in court procedures and rules. The public health crisis is fluid, and the court rules are equally fluid, sometimes changing day to day.

What is the new deadline for opposing summary judgment, given the suspension of all trials? What about a notice of appeal — is the time to file one held in abeyance during the shutdown or not? Important questions, some of which have no clear answer.

How are you and your family adapting at home?

I am in Orange County, California, which as of today has over 1,200 cases of coronavirus, on the lower end of the curve than neighboring Los Angeles County.

My dog is thrilled that I am home, but she also misses playing with her dog friends. I am throwing a lot of toys and going on more walks in between editing appellate briefs.

What is the most creative or productive response to the crisis you've witnessed so far?

The silver linings of the pandemic are the small moments of kindness, generosity, creativity, community and courage. 

One of the most productive responses to the crisis in the legal realm has been by local, voluntary bar associations.

I serve on the board of directors of our Orange County Bar Association. From the moment our state locked down in mid-March, our COVID-19 task force (of which I am a member) has been supporting our members and local community: producing a dozen free virtual seminars on the Coronavirus Aid, Relief, and Economic Security Act, employment law, pro bono, and well-being for our attorney members; liaising with the courts concerning COVID-19 procedures; setting up a robust sub-website and electronic bulletin board for COVID-related information and needs; and organizing donations to food banks and personal protective equipment contributions to hospitals.

Many of our members have solo or small firm practices; our education programs on U.S. Small Business Administration loans under the CARES Act will help many of these operations continue, and will help ensure that more members of our local community will have access to legal representation and justice in the future.
 

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