The impact of the shutdown has already impacted the lives of those with open cases, but with any luck, the financial impacts on the majority of law firms will otherwise be weathered. Mark S. Zaid, P.C., is a Washington based lawyer who specializes in cases dealing with national security.
Specifically, he handled cases dealing with “the rights of former, current, and prospective civilian federal employees, defense contractors, members of our active duty and reserve military, and journalists, particularly when they are threatened by the overshadowing spectre of national security,” according to information from his website. He said that for some the impact of the gridlock is immediate.
Lawyers who rely on income from their clients, some who may be furloughed, and clients relying on representation from their counsel now each face disadvantages.
“I am sure, for some lawyers, that the government shutdown will have a financial impact on them, particularly if they are representing military or lower level federal employees,” he said. “Sad but true, but there are many federal employees who do live paycheck to paycheck and any legal representation really sets them back. The shutdown will only compound their difficult situations.”
Zaid said that while many of his clients are senior level officials and cash flow has not been an issue thus far, he has had noticeable interruptions in his cases. He has already “had several agencies postpone security clearance appeal hearings, some of which take months to schedule.”
A few days matters, when clients’ futures are at stake. “These clients are often already waiting months or even years for decisions,” Zaid said, and employment decisions are hanging in the balance with “six figure” salaries on the line. “Most of my litigation cases, at least where briefing was underway, were stayed as well. And, given my type of law practice, these cases have already been pending for years oftentimes,” he said.
He suspects, fortunately, that once litigation returns to normal the financial blows to his practice will be quickly mitigated. “I don't see any long term effect on my practice, or for that matter, the overwhelming majority of law practices, but this is incredibly frustrating to have to deal with,” he added.
Jerry Stouck of Greenberg Traurig, LLP handles complex business, regulatory and environment disputes with government agencies. He, too, said his practice felt the effects of the shutdown. Stouck said his experiences participating in cases where the U.S. government is a party have all but come to a standstill.
Baring instances where there are extenuating circumstances, emergencies and special permission from judges, there is no litigation. One lawyer he was corresponding with in the justice department was unable to answer emails without permission from a judge, Stouck said.
On October 1, the first day of the government shutdown, Attorney General Eric Holder sent a message to the Justice Department via the department’s website. He said, in part “…I am mindful of how difficult this shutdown is on you, the Department's hard-working employees. While I hope that Congress will act to resolve this situation quickly, I will make every effort to keep you informed over the coming days. As always, I am proud of the work that we do together to keep our nation and the American people safe each day.” An inquiry from Progressive Law Practice sent to Holder’s office was not returned as of press time.
Dan Sabbatino is an award winning journalist whose accolades include a New York Press Association award for a series of articles he wrote dealing with a small upstate town’s battle over the implications of letting a “big-box” retailer locate within its borders. He has worked as a reporter and editor since 2007 primarily covering state and local politics for a number of Capital Region publications, including The Legislative Gazette.