Counting down the months of 2020 is a more arduous task than ever imagined. We are fast approaching the 90 day return limit. I have a vivid memory of complaining about the time change, a full moon and Friday the 13th. COVID-19 was around because I had just cancelled a trip to Scottsdale, Arizona. Then Rudy came to town and everything changed. The reality of COVID-19 has since hit like a ton of bricks. It seems like it was months ago but we are just getting started. Remember, I’m writing this in late March about two weeks before the April print publication, and on the day I was to leave for a week in the desert. We all now know that in the midst of a global public health crisis things change daily and hourly so we will see how this ages. What we planned for tomorrow doesn’t necessarily occur the way we thought, if at all. I write this on a 95-degree day in March sitting in the Pergola on the Prairie without Thunder and Sooner flags flying because there are no athletic activities now. I will get them out soon anyway. Vacations became driving trips became staycations and is now STAYHOMEOKC.
One of my concerns for our profession during this time is for each other’s mental health. Lawyers in isolation is not a great thing. We work best in groups, teams or a pack. Lawyers must have someone to argue with, advocate for, or vent to. We need an antagonist for survival. Every hero needs a villain and vice-a-versa. Otherwise, we have in the past turned to depressive and addictive behaviors. Well, the OBA has your back. OBA President Susan Shields did a fantastic job on Facebook live on Sunday, March 22, 2020 discussing mental health issues for lawyers. You can watch it on the OBA site. Remember Lawyers Helping Lawyer resources at 800-364-7886; http://www.okbar.org/lhl.
My second concern was keeping our businesses going during a nationwide shut down of businesses and social distancing. However, I should not be concerned there because we are now deemed “essential”. There was a 24-hour period during which everyone was trying to figure out who was essential and who was not. Sort of like first class versus coach on the Titanic, right? But again, the OBA and President Shields came to the rescue pursuing the State for a finding of “essential” status for lawyers and law firms. I mean liquor stores, pot dispensaries and golf courses first made the cut, why wouldn’t the legal profession. Well we did make the second cut, and many lawyers continue working hard representing clients and supporting the rule of law while adhering to the new rules.
Shouldn’t we all be happy with $.99 gas, liquor store deliveries to your doorstep, pot dispensaries open every other block on May Ave., and endless binge watching of every old sports event imaginable airing 24/7. Instead many are gripped with fear as COVID-19 continues to spread. The financial market wildly goes from one extreme to the other. All of the sudden most Americans and business don’t have the savings to last a few weeks. What happened to saving sufficient funds to survive 3-6 months without new revenue. Most are following the CDC and medical professionals’ recommendations and practicing social distancing. A few are not. I find the social media photo of the walk or bike ride on day # of quarantine a bit confusing. Saying you are quarantined I thought meant something more limiting. Then people were told it was good to get out and walk, but when others saw the large crowds at lakes and parks, they went nuts on social media seeking a complete barricade.
That brings me to the social media and media. My phone now tells me how much time I’ve spent online. Guess what, that number increased greatly since Rudy came to town. What spending time reading social media tells me is that someone is not happy no matter the circumstances and there better be someone for them to blame. The news readers and daily news conferences are unbearable. Politicians from both sides of the argument are not particularly helpful to calming fears. I’ve previously viewed social media as a way of keeping in touch with friends and colleagues across the U.S. I like photos of food, kids, grandkids, sunrises, sunsets, flowers, dogs, and pie. But it seems that a great number of you need social media to affirm your own belief system and be critical of the opposing viewpoint. Something I did not count on was the addictive nature of getting a rush from being on a social media bandwagon where other like thinking people affirm your beliefs. Recent history teaches us that social media and news media are poor predictors of election outcomes. It is a dangerous place to go and I hope that in these trying times you can disengage. It is difficult enough to determine fact from fake in a time when that discernment is of utmost importance.
Back to real fears for a moment. The numbers of infected and dead are going to increase. It is a fact that was made public from the beginning. The question is whether you can do anything to sandbag for the flood. If you are waiting for the government or someone to rescue you, it will be a long wait with poor results. Historically, the government is always behind the curve in disasters and outbreaks. You have to make the decisions for you now. Read and follow the rules and orders, use critical thinking, make reasonable decisions, and also use your common sense. Have a plan for each day, week, or month that the effects of this health crisis are upon us. I’ve noticed many are using some of this stay at home time to calm themselves with meditation and others are using it for prayer. Don’t do nothing! I threw my back out doing online home Pilates on Monday. Don’t do that either.
We know that Rudy didn’t wash his hands before touching everything in the locker room and the microphones at that press conference. Apparently, people attending large gatherings, living in densely populated cities, meeting Royals, and at Mardi Gras didn’t wash their hands with soap either. Keep social distancing, use hand sanitizers, wash your hands with soap and warm water often, monitor your temperature, and don’t go out (quarantine) if you feel sick or think you’ve been exposed. In the midst of all the bad news, you do see examples of great acts of kindness, and you see distilleries making hand sanitizer, schools donating supplied to hospitals, volunteering, manufacturers switching to make ventilators and masks, homeschooling, and mass hiring by truckers, grocers, and supply distributors. With that, stimulus is also coming from the government but with it enormous jobless numbers and unemployment filing. It does not feel like there is any stable positive movement. But each of you can control that feeling and the impact of all of this on you, your family and your profession. Just decide to do so.
I did not know I would be the OCBA President who cancelled everything. It was actually an easy decision. All OCBA committee, board meetings and events have been cancelled through May 1, 2020. Yes, that means we cancelled the Law Day luncheon on May 1. The OCBA is in fact a volunteer organization and there was no need to take any exposure risk. But as lawyers, you should do your utmost to support the rule of law and our chosen profession.
We did not pick this day or time to live in, but here we are living at this moment. You are to make what you can of it. You do have control over your fear. Just maybe April showers will give us a backdrop to the end of the pandemic and then we can more fully enjoy May flowers( or tornado season). Stay healthy, be smart about how you navigate these times, seek help if you need it, and when this social distancing is over, we should gather at an OCBA event and rejoice.
Byline: Michael W. Brewer is an attorney, founder, and partner of Hiltgen & Brewer, P.C. in Oklahoma City, Oklahoma. To contact Mike, email mbrewer@hbokc.law, call (405) 605-9000 or tweet him at @attymikeb. For more information, please visit http://www.hbokc.law.
Open & Obvious? 