With state courthouses shut down to the public until at least June 1, and bench and jury trials suspended until at least July 1, Massachusetts lawyers are facing unprecedented challenges in meeting the needs of their clients.
Jim Carrigan has been practicing law in downtown Lynn since 1977. His firm, The Law Offices of James J. Carrigan, is located at 15 Johnson St. where Carrigan practices alongside his wife, Anne Gugino Carrigan, with his daughter, Lisa Carrigan, serving as Of Counsel. All three agree that these are trying times for anyone in the legal business, first and foremost, for their clients.
Jim said the COVID-19 pandemic has hit many of his clients with pending workers’ compensation and Social Security disability cases the hardest, not just in terms of economics, but in terms of mental health.
“A lot of people I represent were abused as children, as little girls, and never reported it and the consequences of that are devastating even in normal times,” Carrigan said. “They have flashbacks, and depression ensues. People cannot sleep, and when they do, they have nightmares. They are physically healthy, but mentally it’s just as debilitating as having a broken back, so they cannot work.
“I’m seeing that a lot of what I do lately reminds me of something (the late) Judge (Joseph) Dever told me, he said, ‘the most dangerous place in the community is the home,’ and it’s sexual abuse primarily by a relative or boyfriend of the mom living in the house.
“I will ask my clients to tell me why they are disabled and if they are depressed, and tears come to their eyes. I see more opportunity for this to happen in quarantine.”
Despite back-logged dockets, Carrigan said he has full confidence in the system.
“People just don’t understand what it’s like to go through the SSI process. It’s a nightmare, but we are getting hearings done and it’s quite expeditious, so I am happy with it,” he said. “I am able to get my clients served and have their cases heard, so I’m very lucky. It’s just a difficult time for anyone seeking disability.”
Carrigan said his firm is working remotely every day and that he has conducted about a half dozen conference-call hearings. Anne and Jim live in Marblehead.
“The judge calls me at home and we then contact the client and set up the hearing, such as it is,” he said.
Social Security field offices are closed and are offering phone service only for people with in-office appointments. Carrigan said that face-to-face hearings have been suspended until at least August, but that video conferences are being offered.
Gugino Carrigan specializes in workers’ compensation and personal injury law. She said she is doing things she has never encountered before, especially when it comes to signing official documents.
“We can work remotely as much of the accident work can be done by phone and mail, which we have to do now through mail slots as opposed to face to face,” she said. “We are doing the same with workers’ comp cases and have a couple of new cases, so business is humming now, but the lag time with accidents now is three to four months, so that part has been difficult.”
Lisa Carrigan has a general practice with her husband, James Bacik, operating as Carrigan and Bacik, LLC. She said that she has seen a substantial uptick recently in requests for estate plans (wills, health care proxies and powers of attorney) and that the real estate closings she has handled have gone off “unbelievably, without a hitch.
“I’m usually on the seller side and what I have seen is everybody is pushing to get things done for fear of losing the sale,” she said. “Most closings I did almost always were extended, but now they are all on time. I guess that’s the silver lining to this virus.”
Carrigan said she is refraining from making non-emergency Probate Court filings.
“Essex County has done a great job considering what they are dealing with in this pandemic, but courts are backed up through no fault of their own,” she said. “I’m still doing family law and divorces, but I’m trying not to file anything that is not an emergency, to keep from overburdening the system.”
An added challenge facing Lisa Carrigan, is working from her Swampscott home with her husband, who is also working from home, and her school-age kids and a dog.
“Working on the computer remotely is fine and it’s a pain bringing home paper files, but the biggest challenge is the home schooling,” she said. “Swampscott did an amazing job rolling out their remote learning program and I cannot commend the teachers enough and the superintendent for what they are doing in Swampscott.”
