For the attorneys who practice in areas where the COVID-19 quarantines resulted in closing physical office locations, re-opening offices and getting back to work in non-virtual settings will be a significant challenge to our practices given the serious risks faced by the populations of clients we generally serve.
Since in-person interactions with our clients and the public are inevitable and germane to the practice of elder and special needs law, these interactions must be well-thought-out and carefully orchestrated to keep ourselves, our clients, and our staff safe.
When the interactions occur outside our offices, we need to take precautions and ensure we are practicing social distancing, maintaining proper hygiene, avoiding clear and present risks, and following federal, state, and local guidelines.
Within our offices, we must ensure that clear policies are in place and effectively communicated with our staff, clients, and anyone who walks approaches our doors.
1
COVID-19-Related Best Practices
1. Prominently display all relevant COVID-19 office policies outside your door for anyone coming in to see.
2. Communicate all COVID-19 office policies with staff and confirm their understanding of the policies.
3.
Consider asking anyone who comes into your office if they have tested positive for COVID-19 and have a policy in place in the event they answer affirmatively.
4.
Consider asking anyone who comes into your office if they have come in physical contact with anyone who has tested positive for COVID-19 and have a policy in place in the event they answer affirmatively.
5.
Provide staff and clients with ample access to hand sanitizer and offer disposable masks when necessary.
6.
All attorneys and staff should wear masks and avoid all physical contact when interacting with clients and each other (e.g. no handshakes or hugs).
7.
Consider the layout of your office location and establish a policy regarding movement of staff and visitors to minimize the opportunity of contact while walking throughout the office (e.g., one-way hallway, clockwise is COVID-wise).
8.
Make sure all conference rooms and common areas are disinfected regularly.
9.
Ensure that all clients are seated in a conference room or office immediately so that no one is congregating in the waiting room.
10.
Remove reading materials from waiting room and/or conference rooms.
11.
Consider having a call-ahead system in place where clients can call from outside the office to ensure that they can be seated immediately.
12.
Confirm the number of people attending the meeting and encourage only a limited number of attendees.
13.
Clearly mark assigned seating in conference rooms and mark the appropriate distance between clients and attorneys/staff.
14.
Refrain from offering any food or drink that is not bottled or packaged.
15.
Request that clients provide relevant documents prior to the meeting and not bring documents with them to be reviewed.
16. Consider increasing ventilation in your office by opening windows or adjusting air conditioning.
17. Do not share pens.
18. Do not schedule back-to-back appointments without some time in between. This will prevent clients from coming into contact with one another, and allow some time to disinfect your office.
19. Be conscious of the communication challenges face masks and social distancing may cause for clients with hearing loss. Be prepared to make accommodations to overcome these challenges, such as the use of technology like smartphone apps that can help facilitate communication, or using clear face masks to allow lip reading.
20. Be prepared with a response to clients and colleagues who are resistant to your safety procedures.
Marketing Tip
Consider marketing the fact that your office has or will be re-opening and inform clients and the public about the safety precautions your office has put into effect. This can be done through an email campaign, posts on social media, or include it as a message in your emails.
The unfortunate reality we are faced with as elder and special needs law attorneys is that many of our clients have suffered and died because of COVID-19. Therefore, as we open up our physical office locations, we have a duty to focus on safety measures so that we may continue to provide our services in a manner that will provide safety and comfort to our clients and staff.
Citation
1 For additional information on re-opening your office, see Centers for Disease Control and Prevention (CDC), Workplace Decision Tool (accessed June 12, 2020).