The COVID-19 pandemic has changed the legal profession and sped technological change in the profession at a pace never before imagined. We are now much more a virtual profession and with it emerges this new column titled “Virtual Lawyering” to help guide and educate lawyers in this world of remote lawyering. The New York State Bar Association led this movement with its “Virtual Lawyering” e-book published this past August.

It is only apropos that the first article of this column addresses the issue of conducting an in-person versus a virtual bench trial while serious health concerns due to the pandemic remain present and before our population has been vaccinated. Just two weeks ago, Justice O. Peter Sherwood of the Commercial Division, New York County, issued the first decision in New York state on the issue of whether to conduct a virtual bench trial over objection in AMBAC Assurance v. Countrywide Home Loans, Index No. 651612/2010 (Sup. Ct. N.Y. Co. Dec. 24, 2020).

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