Living in the new virtual world. How technology has changed every aspect of our lives.
Submitted by the Bond & Botes Law Offices - Wednesday, August 18, 2021
For nearly a year and a half, we have been living at home. And in what seemed like an almost overnight transformation business, consumers evolved to survive and adapt to keep families and their livelihoods safe. This week on Facebook Live we discuss the benefits and challenges of living in a virtual world.
Welcome Facebook viewers. This
is Brad Botes and with this
week's episode of the Bond
and Botes Facebook Live, we
appreciate you joining us again
today and I want to remind all
of our viewers that these
episodes live on our Facebook
page and also on our website.
Um so, if you know somebody
that you think would benefit
from the information we'll talk
about today or any of our past
episodes, please refer them
back to our Facebook page or
just share this feed. Uh Today,
we're very fortunate to have my
good friend uh California
attorney Erik Clark. Erik,
welcome. Thanks for joining us.
Thank you, Brad. It's good to
be back with you. Thanks. So,
Erik, last week, we had our
friend uh Attorney Ed Bolts
out of North Carolina and we
talked about the new
legislation that's been
introduced in congress to
provide for dischargability of some
student loans anyway, um we're
we're hopeful with bipartisan
support that that legislation
is going to make its way
through congress but you know,
it's just an adaption that
we're making as bankruptcy
attorneys pushing for changes
in bankruptcy, you know, and on
that note I, guess everything
is changed for the last 14
months or so and that's what we
want to talk about today but
first for my viewers, um just a
little bit about Erik. Erik is
the managing partner with Borowitz
and Clark which is a bankruptcy
law firm located in Southern
California. Erik's board certified.
He attended. Let's see.
You're a member of the state
bar of California, New York, and
Connecticut. You served as an adjunct
professor for a period of
time at the Loyola Law School
there in Los Angeles served as
president of the National
Consumer Bankruptcy Litigation
Center and uh the American
Consumer Bankruptcy College. um
and you've really helped your
local bar there in California
um adapt to the changes that
we've seen over the last year
and that's one of the reasons I
wanted to have you on today. Um
let's see You finished law
school in 1994 at a university
which is in Hampton,
Connecticut. Hampton,
Connecticut. Yes. Made your way
out to California. um and uh
you know, as I shared and I
want to just emphasize for our
viewers, Erik is one of the
leaders um nationally amongst
the consumer bankruptcy bar uh
respected by attorneys across
the country. Uh lectured to
numerous groups and taught
about bankruptcy not just to
law students but to other
bankruptcy attorneys. Erik, I'm
sure I'm missing something.
What else important about your
background for our viewers? I'm uh
I'm married with four beautiful
children and uh that's my
that's my real job and I and
this bankruptcy stuff is what I
do when I'm not playing the
role of husband and dad. Well,
Absolutely practicing law comes
secondary to our roles as
husbands and fathers and we
both, we both share that
feeling Erik. Um if you would
have approached me and I don't
know what your feelings were
but if you would have
approached me and 15-16 months
ago in early 2020 and you would
have told me that um I would be
meeting with clients virtually
that I would be interacting
with clients virtually I would
have told you. There's no way.
I guess I'm kind of old school.
Um you know, I wanted to shake
a client's hand I wanted to look
them in the eye. Um uh and uh I
just wanted to hug him when it
was all over. I mean, uh yeah,
I mean the touch and feel of it
all was it was uh was an
important aspect of our
business but you know, we had
to change out of necessity as
COVID set in um and the change
we have and it hasn't been just
with our professions with the
practice of law. We we've seen
changes just um throughout
everything we do. um and
that's why I wanted to have you
here today because I know
you've been a leader in this
transition there in California
um and we've talked back
and forth and I thought it
would be interesting for our
viewers to hear our perspective
on how things have changed,
how businesses and consumers
have adapted, how our clients
have adapted and um and what
the future brings. Um so, are
you ready to jump in and have
this discussion? Let's do it.
Let's do it. I mean, we've all
been through quite a quite a
roller coaster over the last uh
sixteen to 18 months and you're
absolutely right. I mean, uh we
were we I had heard of certain
firms uh law firms practicing
in other areas of law uh that
were trying to do things
virtually um back in uh the end
of 2019, the beginning of 2020
Um I I met with clients who had
met with attorneys virtually
and were really put off by
that experience and they came
into my office saying, you
know, I wanted to meet somebody
face to face and and talk to
them about my situation and so,
uh we had talked about it. My
my business partner and I and
um had decided against it at
the time for a variety of
reasons and some of which will
touch on today but um yeah I
mean uh March I think it was
March 13th or nineteenth of
last year um literally with in
48 hours. My law firm went from
a six office throughout
Southern California firm to
everybody working at home and
really did not miss a beat in
that transition and it was it
was tough. It was uh it was a
little nuts but um but we did
it and uh we had some great
help during that time and our IT
people really stepped up to the
plate and hit it hit it out of
the park but it was not easy
and um and then of course you
didn't go through the
transition and and the learning
pains of how to conduct uh
the of businesses that we
do and meet with clients and
and meet our clients’ needs and
the court's needs and our
employees needs and so on
and so forth with everybody
scattered across, in my case, Southern
California. Right. And we
experienced almost the same
thing. You know, these the stay
at home orders went into
effect. Um in Alabama and in
Mississippi where our offices
are located. Uh I know you had
the same in California so we
had to adapt quickly. You know,
one thing at the beginning. Um
in addition to our IT folks
really stepping up and helping
us adapt technology. My staff
across the board um you know,
there might have been some
little concern that are a
little bit of concern. We
couldn't monitor folks. We
we couldn't keep an eye on them
throughout the day but folks
have jumped in and done their
share and have been a real
receptive to being able to work
remotely when necessary. Um
have you experienced the same
thing there? I have I mean it
Again, it was difficult because
people were taking their
computers home and IT
people were having to reach out
to them at home and get them
connected and make sure that
their internet connections were
secure. that their computers
were secure. I mean, obviously
in a in a in an industry like
ours where we have tremendous
amounts of sensitive financial
documents and information on
our clients. Uh one of the
premier considerations or
concerns I should say that that
you know, I have and I know you
have is safeguarding our client's
information and documents and
so we had to go through that
process to make sure that
everybody had the same security
protocols at home that we had
within the office and so again,
that's you know, that's
a feather in the cap of our IT
people that we're able to order
up. uh all of the firewalls and
varieties of things that we
needed to do in order to get
things um safeguarded and um
you know luckily uh or maybe uh
because we did a good job doing
it. Um we've had no instances of
any kind of uh concerns about
that during the during the
entire pandemic and again, when
we were, when we first started
this, I mean, we all remember,
we really didn't know what we
were facing. That's right. Um
you know, if somebody had told
me when I sent everybody home
in March of 2020 that everybody
would still be home uh in
August of 2021 with really no
end in sight. Um it would You
know, it would have been I
would have just not believed
it. Um but and then there was
also some real fear going on
then because you know, know, we
had never dealt with a
pandemic. Nobody really, you
know, in this country had dealt
with that on any large scale
like we we did with COVID and
nobody really knew what to
expect. I mean, we you know, we
may recall everything was
locked down the restaurants,
the supermarkets. I mean, you
know, you were ordering and food
and being told on the
internet that you had to wipe
down all of your fruits and
vegetables and cereal boxes and so um
it was just you know, not only
did we have to maintain the
business side of this but we
also had the real life side of
it that had its own levels of
fear and uh inconvenience.
So, it was a real tough time and
again the
uncertainty at the time of how
long this is going to be for
created another problem because
we didn't know if we were going
and investing in a virtual
infrastructure that was going
to be long term or if this is
just something as we were being
told by the summer would be
over with and um so you know,
obviously, um you know, we can
now look back on it with a lot
more clarity but at the time it was
um very uncertain as to where
things were headed. Yeah, it's
it's certainly been uh
something that you know you
can't see the future and we
still don't know where this is
going. You know we can't talk
about COVID as being in the
past perhaps a month or two
ago. Thought we were seeing the
tail end of things but things
continue to change with this
new variant. You know, I need
to back up a little bit for our
viewers. just to give a little
bit more perspective on an
Erik and myself and our
practices. So, uh the Bond and
Botes Law Offices are located
throughout Alabama and
Mississippi. Borowitz & Clark
throughout um uh serve clients.
now, go ahead and yes, I'm in
California, right? The
locations are fiscal locations
are not still there but you're
still servicing clients
throughout Southern California.
We help people with financial
problems and have been for
decades at both of our firms
and we know a lot of our
viewers after what we've been
through the last 15-16 months
are having financial problems.
Um we encourage you to be
proactive. Our offices offer
absolutely free initial
consultations. We'll do them
from safety or comfort of your
own home or office. So, so, you
know, you don't have to take
any risks We're concerned about
your health and encourage you
to reach out for help. A free
consultation will be with an
experienced attorney um and
there's no pressure. It's just
an opportunity to learn what
your options are. Um don't wait
until you're facing a
foreclosure. Don't wait until
you're facing a repossession of
your automobile because you
can't afford the payments. Um
we have had some protections,
you know, over the last year
from our government. Uh there
has been a moratorium on
foreclosures and evictions,
student loan collections but those things
either have or are coming to an
end and we need to deal with
problems. So, please, if you
are having financial problems
or if you know somebody that is
reach out to one of our firms.
Uh again, we'll do that
absolutely free initial
consultation for you. So,
jumping back in, Erik early
2020. Uh we have to make those
quick changes and you're right,
Everything changed how we
grocery shop. Um we couldn't
go out to restaurants anymore.
Um so, our business and not just ours
but all businesses had to
adapt. Tell us some of the
things that you did early on uh
to make yourself available to
clients and how things have
progressed. Sure. So, uh again,
the first thing we did was make
sure that everybody was up and
running uh in terms of my staff
and then put out uh a
series of Emails to contact
clients to let them know that
even though the physical
offices that they were used to
uh connecting with us at
We're no longer available to
them. We were still available
to them just through different
means. So, primarily what that
means is that um Email has
become the primary mode
of communication obviously,
telephone uh is still uh still
available and then um we
started to incorporate
additional technologies in our
office to be able to
communicate with clients
because again, as we all know
now looking back, things have
changed and the really the way
businesses communicate with
their customers and/or
clients. have changed as well
and so, how you communicate
with your clients uh we now do
text messaging with clients and
uh they're able to text
message back to us which is
very convenient. um uh Email,
we scan a lot of documents. We
do um uh we don't do as much
Zoom meetings as we do Google
Meet but it's the same thing.
Um so, if a client uh wants to have a
face to face. It's done through
Google Meet. Uh we offer people
who are doing consultations,
the ability to do it through
Google meet out here in
California. Um what we found
was that most of the
clients, almost all of the
clients did not want to do uh
Google Meet because they felt
that they weren't camera
ready which uh is the big thing
out in Los Angeles apparently,
I know how they're felt. I felt
the same Uh I did too. I just
figured that you know, people
would forgive me if I wasn’t
camera ready but uh
but the reality is that uh
out here, we found that most
people have gotten very
comfortable by conducting
consultations over the phone.
Um if there are documents that
they need to provide, uh they
can quickly scan it in. I'm
surprised by the number of
people that have scanners but
also we've provided our clients
with instructions on how they
can download scanning apps and
things like that so that uh
we're really there isn't
anything that we were able to
do, pre COVID that we're not
able to do right now other than
shake their hands and give 'em
that hug when the case wraps up
and while we miss that, you
know, for health reasons, I
think that that's probably a
good thing these days. So, it's
and then there's some, there's
a lot of other benefits that we
can get into that that um that
both we and the clients uh have
realized by doing things
virtually. Yeah, I think I think
that for our clients, the
biggest thing, you know, I've
been practicing consumer
bankruptcy law for well over 30
years now. This last year,
first time in my experience,
you can file a bankruptcy from
start to finish without ever
leaving your, you know, your
home. um consultations with
with the attorneys at our firm
and at Borowitz and Clark can be done
virtually over the phone or
video if you’re camera ready Um
you can retain us, we can
gather documentation, we can
prepare your petition. Uh you
know, we can review it with you
and then when we file it with
with the court. The court is
scheduling uh the hearings um
by phone or by video also. Um
so from start to finish, you
never need to leave your home
and Erik, that's so
important because so many of
our clients are already
struggling. you know, having to
take off from work to drive to
one of our offices and sit in
the waiting room took additional
time. Now, we just schedule a
phone call or if you'll call
in, often we’ll have an attorney
available when you call in to
talk to you. You don't have to
go uh to a court and find
parking and sit and wait
for your hearing. You can do
that virtually. Um there are
really been some benefits to
our clients and to consumers Uh
uh I guess we're fortunate that
we are in a service type
business where we were able to
easily transition. I do feel
for those people that were in
the restaurant business. um uh
businesses that did require
folks to come by in person
although even those people have
adopted by offering delivery or
pickup or You know, I don't
know. You go to the grocery
store anymore there in
California? I have not been to
the grocery store in months and
months and months. Uh
everything gets delivered um
and I mean, we did have a
period of time where we had
dining out uh but I think that
that's coming to an end as the
variant starts to research in
Los Angeles area and um you
know so but again it's not it's
not as bad as it was back then
because we've been through this
we now know what to expect.
We've adapted. we know how to
how to respond to surges of
this uh of this virus um and so
yeah, I mean and then the big
thing for us, I mean, obviously
here in Southern California
which is you know,
internationally known for its
traffic and weather Um the
traffic is real and so for a
client as you stated for a
client to come in to set up
an initial consultation with my
office was not uh. Um it
was it was relatively
inconvenient. I mean they would
have to take time off. they'd
have to fight through traffic
depending on how long they you
know, if it was twenty miles
away it may take them 45
minutes to get to my office and
then they wait for their
appointment and they have I
mean, I mean, it's, you know,
it could be a day long
experience Now, they call in or
we call them uh I mean, most of
the time what happens now,
quite frankly, Brad, is that a
client calls in to get
information and they get
transferred to an attorney
right away and have their
consultation right then and
there. I mean, it could not be
any more convenient. They're
they're calling in when it's
convenient for them. They're
getting all of their questions
answered right then and there.
uh a number of strategies may
be laid out as to how to solve
their current financial problem
and then can make the decision
and if they want to retain our
firm, we send them a retainer
agreement through a platform
similar to Docusign all legally
binding, uh confidential. They
just open that Email up. They
read the retainer agreement,
they click a few clicks and
boom, it's sent back to me. I
do the same and we are
their attorneys and it can
happen very quickly. Um so,
it's been very nice that they
have uh been able to make it not
have to make the drive to one
of our locations and um as a
Californian, we also like to
point out the fact that it does
lower our carbon footprint It's
it's something that uh you
know, as we wake up every day
and the smog in LA uh which
has gotten better under COVID.
That's one of the benefits of
COVID but Borowitz and
Clark is doing its part to
reduce its carbon footprints by
saving all of our clients to
drive into the office. Well,
That's a great positive. Erik.
One of the things I was
concerned about and I'm still
frankly somewhat concerned
about is the loss of the social
connection, not just with our
clients but with one another.
Our staffs, um you know, we've
we have a lot of people that
have worked in our offices that
have worked with us for many,
many years and we've
become like family with one
another. um and I miss seeing
everybody on a regular basis.
How have you dealt with
with that issue? Well, to be
honest with you. in the
beginning, I didn't really
focus on that and that was uh
in in hindsight uh a mistake on
my part um while all of my
staff for the most part uh
really enjoys working remotely
uh for reasons that we can
talk about but uh and it's
benefited them and their
families. Um you're absolutely
right Uh us to we are most of
our staff has been here ten or
15 years or more Um you know,
they're used to baking cookies
and bringing them into the
office and celebrating each
other's birthdays and all of
that type of stuff and I guess
it was lost on me and sort
of the hustle and bustle of
everything that I was trying to
manage that how important that
was and so one of the things
that we did a few months back
was we instituted um regular
meetings, Zoom meetings. So, I
made sure that all of my staff
had webcams, good quality
webcams on their computers. We
went out and bought those and
we set up monthly meetings and
and um and and departments
have uh meetings more
frequently but um and it
doesn't necessarily need to be
uh organized around a bunch of
information that we're
dispensing about The law
changes in the law or the
court's requirements or
anything like that. It could
just be checking in with
everybody and you know, telling
us, you know, what's the
best thing that's happened to
you in the last week? Um you
know, just to sort of again as
you say, connect with one
another and reestablish uh that
uh the communication between
between each because it does
get somewhat isolating when
you're sort of locked in a room
in your house away from your
family and away from your
your friends at work. um
to just be plowing away at work
and so we've started the
the regular meetings to sort of
get that connection back up
and it's been it's been pretty
it's been it's worked
really well. Yeah that's
great. We try to do similar
things Um although not as
regularly as I'd like to and I
need to be better about that
myself. However, this new
technology, whether you're
using Zoom or Google or you
know, Facebook it is you're
you're sitting in California.
I'm sitting in Alabama and uh
you know, we're having a face
to face type conversation here. Um I
know my family, my mother um
is in her 90s and we don't
haven’t been able to visit with
her um in person over the last
year but we've done weekly Zoom
type meetings just to get together and
talk and that wasn't something
we did in the past but it's
been it's been great. It's been
able to get family together and
just talk from different parts
of the country and even though
we're different parts of the
world. So, I think we all need
to be very conscious of trying
to maintain those social
connections, You know,
unfortunately, I know there's
been a lot of loneliness,
suicide rates have been up
nationally so we need to be
aware that there are people out
there that still need to be
touched even if it's virtually
right now. Right. And that's
and that's again the technology
has allowed us to do that with
our clients which is really
nice because you know, like I
said earlier, I mean, while
Email and phone is a is a
method of communication, seeing
each other, letting them know
that their attorneys are still
here, we're still there for
them. Uh we still have their
back and you are available
to have a face to face
conversation even though it's
it may not be sitting in the
same office and again, the
acceptance on the client's
behalf of that has really
changed I. don't know. I
assume you've had a
similar experience. Um you
know, uh as I said
early on where we were meeting
with clients that had had
virtual experiences and were
really not um did not enjoy the
experience. The fact that we've
all been thrust into this
situation where these types of
virtual experiences are almost
mandatory has really broadened
the acceptance of them and so
the same clients that used to
resist that are now very
welcome to it because they see
the benefits and they
understand Even though it's a
two dimensional communication.
It's not something that you
know, it's still valid and can
be as important. Right. And
thankfully, technology has made
it this type. um uh
communications um much better,
you know I. remember several
years back. um an attorney
giving a presentation on
virtual meetings and he almost
had a studio set up in his
office where you know but
things could be projected in and
all but now, it's just as simple
as clicking a button on the
computer and you're talking to
somebody. Erik, you mentioned some of
your employees. um you know,
though we're not together as
much um in person that some
have really enjoyed working
from home and that there's some
benefits uh expand on that a
little bit. What are the
advantages of working from home?
Sure I think that um
I mean obviously there you know
speaking for myself I mean I
spent about I calculated it was
about 15 hours a week commuting
between all of my offices and
I've got, like I said, early
on, four children of variety of
different ages and it allows me
to spend, I mean, I get that 15
hours back to spend with my
family which you know, my
young son doesn't even remember
a time when I went to the
office anymore. You know, he's
4 years old and and uh you
know, he knows there's an
office out there but he doesn't
remember me going and the
concept that I would leave at
seven in the morning wouldn't
get back till six or seven at
night is foreign to him and so
It's um it's that's just been
terrific. I mean, I love the
that amount of time as do as
does my staff. They're able to
stay home. Lunch time is spent
with their family. Um they can
they can wind down at the end
of the day and go straight into
family time. Um so that's been
fantastic. Uh they're they
don't have to maintain the same
wardrobe that they did and the
dry cleaning bills are a little
a little lower Um so, you know,
there's some savings there um
and it's just It's just a lot
less stressful. Uh I think um
than the again here in
California traveling, commuting
to work is a stressful
situation whether it be on the
freeways or through the subways or
the bus system and so that all
goes away and they can just
focus on work and um and
and what they're doing uh from
during their work day. So
that's been a real benefit to
them. Um I think you know there
are challenges that that
presents to uh those of us are
the managers of these law
firms. Um the most important I
guess would be um managing not
only the client interaction
with the staff and so if
there's an issue that you might
have overheard on the phone
while a staff member is on the
phone in your previous in
office life, you don't have
that ability anymore. So, the
only feedback you get from
clients is directly when the
client brings it to your
attention and those are rare
but still you want to you want
to be on top of those and then
also Just the I think any
virtual setting or remote
setting I should say. Um
employers have uh have an issue
of productivity and are the
people really, you know working
to their to their um uh to
their full extent and again
I think that that comes down at
least in my experience that
you've got seasoned people that
have been with you for a long
time. They're committed to what
they do. They like what they
do. They enjoy helping people
going that are going through
financial distress. Um they
love being able to dispense the
knowledge that they've incurred
over all of these years and um
and so I don't really nobody
needs to stand over their
shoulder and say, you know,
take that phone call, write
that Email. They just know what
to do and um and when they
don't, they know what they need
to do. Uh if they're not fully
informed as to you know, what
the next step might be, they've
gotta take it up the up the
chain and eventually comes
to me or my business partner
and we will handle it but um I
think I think again I took a
poll when COVID was sort
of dimming and there was
something on the horizon and
that Los Angeles and the
surrounding areas would reopen
and uh I took a poll of which
ones you know, who wanted to
come back to the office and who
wanted to work from home and
there wasn't one person who
wanted to come back to the
office. Um you know, in spite
of and we had already
implemented this sort of
monthly get togethers and
things like that. So, you know,
that sort of scratched that itch
if you will in terms of the
interaction between them and um
the convenience of working
from home just it's tough to
it's tough to beat. It is. it
is. you know, we we've heard a
lot of the negatives and
there are negatives out there.
Um loneliness for some people
and certainly this pandemic
has had an impact on kids. um
uh not being able to be at
school often with their friends
not being able to participate
in athletic activities. On the
other hand, You know, often
kids are home with their
parents and they're able to
spend more quality time with
one another. Um you know,
before we break here and I do
want to just uh break away for
a second here and then give our
audience uh if anyone has any
questions, we've had a couple
come in already um but please
if anyone has any questions,
feel free to post them here.
We'll try to address them
Erik, what do you see with the
future? Are we ever going to go
back to meeting in person? Um how will
court be held in the future.
Well, what's your perspective?
How are things going to change
in the future? I think that it
depends upon the individual. I
mean, but I think generally
speaking, society, society at
large uh will stay very
comfortable with this virtual
um concept and um it is just
the efficiencies that it allows
businesses to operate under uh
are really tough to ever foresee.
going back to the way we were.
Uh I know my firm is fully
committed to maintaining a
virtual uh presence. Uh again,
pre pandemic, we had uh lots of
offices scattered around Los Angeles. We
are winding that down and
eventually we'll have one
central location where staff
can come in to work if they
need to if something were to
happen or their internet was
down or or they just wanted to
get out of the house and come
into the office. we have that
available to them. and we have
an office that for those
clients who do want to come in
and sort of see the plaques and
the diplomas on the wall and
all of that. Uh there's that
space for that um but
truthfully, the attorneys are
and the staff for the
most part will remain virtual
and um you know, it frees up
a lot of uh a lot of
flexibility. I mean, you know,
I have uh you know the housing
costs just to give an example
the housing costs are rising
all over the country and
and meteoric ways but here
in Los Angeles, the housing
costs are just astronomical and so
It has allowed employees of
mine move out of Los Angeles.
Um I now have people who work
for me in in Nevada and Texas
who have worked for my firm for
15 years and as soon as we went
virtual, they realized
they were no longer tied to Los
Angeles and they were able to
move out and um and live a
little bit more comfortably out
of state. so I just don't see
it going back to the way it
was. Uh there may be a hybrid
model uh where some clients
want to come in like I said and
we will we will have that for
the time being for the
foreseeable future, we'll have
that opportunity available but
my firm is going to remain
virtual and we will pass on
the benefits of that to our
clients and um and we will
continue to look for an
employee technology that makes
that experience effortless but
um we're pretty, we're pretty
much there at this point. yeah
I would agree. I just people
who want to keep things from
changing but it's hard to do.
Um we've learned a lot of
benefits um uh of interacting
virtually. You know, it's
funny. Um I used to get on my
kids about not being able to
interact with people in person.
They spent too much time on their
phones and who knew? Yep. Now
we're all doing it this way.
Erik, I want to take just a
quick break here and then we're
going to um field some questions
from our audience for people
that may have just tuned in. My
name is Brad Botes. I'm an
attorney with the Bond and Botes Law
Offices and my guest today is
Erik Clark with the Borowitz
and Clark uh Law Offices, The
Bond and Botes offices are located
through Alabama and Mississippi
Borowitz and Clark is in Southern
California and we help people
that are facing money problems
We offer absolutely free
initial consultations. We'll do
them by phone or video from the
comfort safety of your own home
or office. If you do want to
meet in person, we can do that
also, but we want to help you
address financial problems
before they become a big
problems. We encourage you to
be proactive reach out and get
your questions answered as far
in advance of when real
problems come to fruition as
you can. I can help you and Erik
can help you to stop a
foreclosure. We can help you
stop an automobile from being
repossessed. We can help with
wage garnishments with other
financial issues that may
become a reality After the
challenges we've had this last
year, um but the further
out in front, you reach out for
help, the better off you're
going to be and although we
are bankruptcy attorneys, I
will tell you my first
objective is usually to avoid
bankruptcy. Bankruptcy
shouldn't be your first option.
We're going to help you explore
all the ways out of the
situation you're in but I'll
promise you this, after you
reach out and talk to one of
our attorneys, you'll know more
about the options you have. The
uncertainty will be reduced um
and maybe we can help you um
get over some of the
misperceptions about bankruptcy
and what a fresh start in
bankruptcy really can be for
you. So, please reach out for help.
this Facebook Live event and
and the events we do every week
live on our Facebook pages. Um
if you know somebody that could
benefit from this information
or from one of the many topics
we've addressed over the last
18 months or so, please uh
share our Facebook page or
share this episode with them.
You can also go to our website
where these videos uh reside
and get additional
information. our website um is
available both on the screen
and both of our firm's websites
and on our Facebook feed Um and
just to build on that I. Just
wanted to add my client's
feedback that that I've gotten
over last 26 years. I've been
doing. This is the hardest part
of this entire process is to
reach out initially to the
attorney and because
once they do that and they
realize that this is not that
there are there are real
effective ways that out of this
situation that um and ways
to sort of rebuild the future.
Uh the hardest part is reaching
out and once they do, we can
take it from there and uh
forward Erik I've said
that same thing um or something
very close to it so many times.
In fact, just last week, I had
a call from a gentleman who
had a business that had failed
during COVID and he had been
given my name by an associate
and he said he'd been carrying
my name and phone number around
for months and he was served
with a lawsuit and he finally
realized he needed to do
something and he reached out
and we talked for about an
hour. We had a good
conversation. We explored all
of his options. Um told me at
the end of the call that he
just felt so much better and it
felt that he could face his
wife and that they could
discuss the situation together.
So, um please folks, a phone
call, a visit to our website.
It's easy to do. Reach out Uh I
hope you can tell that we're
we're both people that are
generally concerned about your
problems and we want to help
you if we can. So, please reach
out for help. Thanks for adding
that in Erik. So, uh I do
again, I want to encourage
viewers that have questions. Um
Please post them. Erik, I've
had couple that have started to
come in and if you don't mind
taking some of these questions,
um I'm going to go ahead and
let you address them. The very
first question we have and it's
a good one. Um are virtual
consultations secure. Are they
confidential? So, they're
they're certainly confidential.
Uh everything that is
communicated between us and uh
either a prospective client or
a retained client uh is uh
we are bound by that attorney
client privilege and we
believe that that is privileged
confidential information so and
it is treated as such in my
office. Um as far as secure. Uh
it's as secure as it can be. Uh
I guess it's it would be my
answer uh could somebody hack in. Yes.
Uh I'm sure that the I mean
Zoom had that big issue. Uh
they I believe they say they've
solved it but look, you know,
if the Pentagon can be hacked,
so can our phone calls so can
our consultations. Uh I
haven't had any problem uh and
uh and I don't know of any
problem that's that any of my
clients I've heard of no
problems since we started doing
this uh back in March of 2020.
So, I am very confident that
the information that we transfer back and
forth is as secure as it can be
under the circumstances. Um
again, I'm sure there's some
hacker out there that can
figure out how to certainly way
beyond my ability to hack into
to the conversations but you
know, I guess I could, you
know, the office of any
attorney you go to could be
bugged. I mean, so yeah II
think I'll just add to that you
know, just to emphasize again.
Yes, all of your communications
with one of us is going to
be confidential. Um I know some
firms um you'll talk a
paralegal or an attorney that
doesn't happen with our firms.
If you call in, you need legal
assistance, you're going to be
put through to an attorney or
have a call scheduled with an
attorney that's licensed by the
State Bar Association um and
and we've taken an oath of
confidentiality. So, the
communications are going to be
confidential um as to security
Um as I said, nothing's perfect
but I will tell you our
communications have become
better and better and more
secure as we've moved
forward with this pandemic.
frankly, when things first
started, we didn't really know
what we're going to do or how
to react but we made changes
quickly and uh we've continued
to improve the way in which we
communicate with clients and
yes II think you could be
confident that things are going
to be just as secure as they
can be and the other thing
I'll just add Brad is that not
only are the attorneys uh the
conversations with attorney's
confidential but the
conversations with our entire
staff from start to finish is
confidential. Uh the rules
of the state bar require all of
that to be kept confidential
and as do we in the office and
everyone of my employees signs
an agreement that they
understand that all the
communications that they have
with clients are confidential
and I often tell them when they
when they first come on board
uh that even if you refer a
friend over and that friend uh
goes ends up having a
bankruptcy through my firm when
you're out at a picnic with
your friends, that's not a
topic of conversation that you
get to bring up. Um so, Thank
you. Thanks for clarifying that
I certainly your communications
with our staff are also going
to be confidential. Um but I
want you to know that you will
have the opportunity to
communicate with an experienced
attorney one on one to address
your problems. You know, Erik,
just as a quick aside about
confidentiality um and the
conversation you had with
your employee, It happens to me
all the time. We'll be out.
I'll be out with my wife at a
function and somebody will
share um that they talked to me and my
wife will say you didn’t tell me that I’ll say
I can't share this information
with you. Yes. Yes. And you
know, for those of you that are
not sure about reaching out to
a bankruptcy attorney, I will
tell you, we are helping people
just like you all around you.
Um you know, I help the parents
of kids that my kids have gone
to school with. I help people
that we attend church with. Um
there's no stereotypical person
that has financial problems. We
all have financial problems. Um
so, don't allow yourself
to feel that stigma. If you
need help, reach out for help
and last a tidbit on
security. That's one of the
reasons why we use Google Meet
because Google has a pretty
deep pocketbook, a pretty
vested interest in maintaining
the security of its network and
so while I, you know, may not
have the resources to do all of
the layers and layers and
layers of security. Um Google
does and so that's one of the
reasons why we chose their
platform was because of the
security. Erik. Next question.
here is another good one. Um
what do you do if a client
isn't tech savvy enough to meet
online? Uh this person says, my
parents have difficulty with
virtual consultations and we
we've had that situation and uh
I mean it it always astounds
me when I'm talking to somebody
late in their 70s who says, you
know, yes, I'll scan this right
over and you'll have them in 5
minutes and just like, wow
that's impressive. Um
but we also have the people who
are 65 and have no idea and you
know, they still use the flip
phone and just can't do
it usually and these are
rare cases but usually what
we'll do in that situation is
they'll have a grandchild or a
nephew or niece or somebody who
is tech savvy who comes in and
you know, helps out with
some of the the technology
uh parts of it if that's
impossible to do, then we have
um again, we do maintain a
physical office so they can
come into that physical office.
Um we just had I tell you in
the last 18 months, I have,
I've I think I've had one
situation where they didn't
have internet, didn't have a
smartphone, Um really, you
know, didn't know how to do
anything other than talk on the
phone. There's no Email and so
we mailed them their paperwork.
Um they had uh they ended up
having a grandchild that had a
smartphone and we were able to
conduct the meeting uh to sign
the documents because again,
everything else could really be
done over the phone. um and so
we're able to um have the
documents, have them sign the
documents because it's part of
the bankruptcy process. The
attorney needs to verify that
the person filing the
bankruptcy is the one who
signed the documents and so
what we do is we hold a Google
meet and we actually watch them
on camera, sign the documents
that we have Emailed to them
and um so they ended up getting
some of the smartphones
but it hasn't happened where
that we've just completely
struck out on everything but in
the event that that happens
and there's just no way to get
over this tech hurdle. Um then we
do. that's the reason why we
still maintain the brick and
mortar uh presence. They can
come in and we you know, we'll
drive down and meet with them
and take care of it then.
Right. And our practices are
similar. I will say that um
there are fewer and fewer
people that are not tech savvy
from all different age groups
they've learned that
they have to Um virtually uh
whether it's ordering groceries
or food from a restaurant or
just about anything they do
these days. Um they have to
learn but if you are
concerned, if you have a
grandparent, if you know somebody
that just isn't tech savvy and
and they still need some help,
we’d be absolutely glad to schedule
an in person consultation and
and handle everything, you
know, a one on one with that
individual. Uh we understand
this is this is uh you know we
have issues. They're tough
issues to address and if you
feel more comfortable meeting
in person, at least at this
point, we'll make that happen
and I don't expect that
changing at any point in the
future. Um Erik, uh this person
wants to know must be uh maybe
a business owner. what
apps are you using for virtual
consultations. You already
mentioned uh Google um anything
else you've learned to use
effectively over the last year?
Well, Google's primarily what
we use for all um uh virtual meetings
So, uh I mean, obviously, if
the client, there's certain
clients that you know, want to
do it on Zoom or something like
that but we try to stick as
as much as we can to Google
Google Meet um everything else
is primarily done through Email
Uh the only other app and I
can't recall the name of it
right now but it's easily found
in the App Store. uh is the app
to scan documents. So, people who don't
have a scanner a desktop
scanner but have a smartphone.
Whether it be an Android or an
iPhone or whatever. Um you can
download an app that will uh
take pictures of these
documents and convert them into
PDF format that can easily be
attached to an Email and so um
we have uh I would say probably
the majority of our clients
when they're done signing the
paperwork in the Email that we
send them the documents that
they need to print out. Uh they
will um uh they scan those
documents with their phone and
and then send that back to us
via Email and then send the
originals back and the
other thing I didn't mention on
the tech-savvy part of it is
for people who don't have
scanners, don't have
smartphones, stuff. There are
lots of businesses out there.
UPS stores, FedEx stores,
things like that where you can
uh get things scanned in, uh
have things printed if you
don't have a printer and uh
especially UPS stores. they
seem to be all over the place.
So, um there are ways to get
around the tech issues but uh
as far as apps are concerned
that the primary one that that
um that we're using literally
on the phone would be the um uh
would be Google Meet and uh the
scanning app. Yeah, two things
there. Um it's probably almost
second nature now but a good
voice over internet. um a
telephone system and our
offices we use RingCentral. Um
you know, I can make a phone
call from my cellphone or from
anywhere and it's through
my office system and I can
answer calls coming into my
office from wherever I am So
many neat tools available with
with a good VOIP phone system.
You know, you can do either
voice or video calls. You can
record things You can
transcribe things. It's uh a
necessary tool. I think for
anybody to have a good um VOIP
phone system and then Erik, you
know, as to the scanning apps.
they're important but I've
learned a lot of the phones uh
just have those type features built
in. Um I'm using a Google Pixel
phone right now and the camera
itself allows you to save
something, scan it, and save it
as a PDF type of thing. So, um
again, technology is adapting,
making these things easier for
everybody. um and I and I
think that goes, I didn't mean
to cut you off. I think that
goes to, you know, how society
as a whole is moving into this
virtual the comfort, of the
comfort zone with the virtual
and so again, had it not been
for COVID. This transition that
we've made in a relatively
short period of time. maybe
maybe would have taken a decade
or more but we were as a
society forced into this really
compressed transition and it's
been uncomfortable uh and
certainly in the beginning, it
was uncomfortable for everybody
uh to get used to it all and to
figure out what to do but as
this drags on as this as this
virus drags on as the as the
variants come out and we
continue to see surges in the
in the virus Uh we're getting more and
more used to doing conducting
business as usual from home or
wherever we may be located and
so, as you said, technology is
advancing all the tech
companies are realizing, you
know, their employees are all
remote now. I mean, they're
starting to realize all of
these tools that we need and
they're coming out a much
quicker than they would have. I
think had it not been for the
COVID pandemic. We have
apparently a business owner
here that wants to know um what
type of business expenses have
you been able to eliminate by
going virtual, office space is
one of them. We've talked about
reducing our footprint but what
other expenses have you been
able to eliminate? Well, I
mean, we had employees, we had
attorneys that would drive uh
all over Southern California
for court hearings. Um that's
been eliminated because the
court hearings for now for at
least the foreseeable future
are being done virtually. we
when we didn't have um I mean
it would be difficult to serve
people who wanted consultations
along with our clients when we
were scattered out in five
different court locations um because
those hearings are virtual. It
allows us to handle a lot more
of those hearings and also have
time to talk with uh clients
that are you know, at the
beginning stages of the
process. Um so I think that the
the um the office rents are
are a big one obviously. Um the
commuting and transportation
and automobile expenses that we
had to pick up um are big one
especially gas being, you know,
$4.70 a gallon right now.
Those are the main ones. I'm
trying to think. Um yeah, it
probably the biggest one we've
heard it said, you know, for
for years and years and years,
attorney's time is his most
important commodity. We've been
able to save time, right? We
don't have to drive back and
forth into the office or
between offices or to court um
and that's also so
important for the people we
serve. They don't have to buy
more offices, drive to court
hearings, take time off of work
to handle a matter like this.
Uh interesting question here.
Um do you have any advice on
getting out of a lease of if I
uh want to go virtual? Um I
think you and I probably both
have one that's out there.
Well, certainly uh we can do
that through the bankruptcy
process um but uh you know,
talking with landlord,
negotiating I mean it's going
to be difficult because uh you
know in the old days you might
have been able to sublet the
the commercial space. You might have
been able to negotiate with the
landlord and the landlord be
willing because they had demand
on their on their space. Now,
unfortunately, for commercial
landlords, there's a there's a
surplus of inventory and um and
so they are less and less uh
willing to just say, okay,
we'll let you out um but there
may be some sort of negotiation
that could happen uh pay off
to so that you can avoid the
bankruptcy process and the
landlord still gets something uh
for the remaining term of the lease.
Um but again, that would that's
a great reason to call one of
us and come in for a free or
get in again on a virtual
consultation which again
doesn't cost anything at all.
to really talk that through
a little bit more because
there's obviously
issues that may be more
specific to a person's
particular situation that would
really impact that in ways that
we may not know in a general
way. Sure. And it's important
for business owners out there
to know, you know, I see a lot
of folks have seen a lot of
folks over the years that have
gotten into financial problems
in relation to starting up a
business or a business that
failed. Um you know, a free
enterprise system just wouldn't
flourish if bankruptcy
didn't exist if there weren't a
safety net there You know, a
lot of businesses have been
challenged. If yours has been
challenged, if you're having
financial problems, do give
Erik or my firm uh Erik's or
my firm a call and know what
your options are. I can't say
it enough. You need to know
what your options are. reduce
that uncertainty and the
anxiety that goes along with
it. Did I cut you off there,
Erik, were you going to ask if
There's just one last thing
on the lease issue is that
it also would it would depend
on whether or not there was
personal guarantees on the
lease. Yeah. so, There's just a
lot of factors that go into an
answer to the that kind of
question and best that you sit
down with an experienced um
certified bankruptcy attorney
and and get it and again,
bankruptcy may not be, there's
plenty of businesses that I've
had or conversations I've had
with business owners that
didn't personally guarantee it.
I said, look, if you just close
the door and hand the landlord,
the keys, it's really they're
going to go after a corporation
that doesn't have any assets.
There’s really not much they
can do. So, Bankruptcy what
wouldn't be the situation? It
wouldn't be the answer in that
situation. So, as you start,
you started early on. Our job
is not to have everybody file
bankruptcy. Our job is to find
the right solution and
bankruptcy is just one of the
one of the types of solutions
that are out there. I'm going to
throw in one last question here
because I want to answer this
one first then I'll give you a
chance. How has your staff
performed since they become a
remote? I'm going to tell you
our staff has been outstanding.
Um Again, we're blessed
at the Bond and Botes Law Offices
to have a lot of people working
with us that have been with us
for a very long, long time.
We're like family. um and I
shouldn't have had any concerns
about any concerns that I did
have. Uh they're gone. Our
staff has been very pleased
with the ability to work
virtually and they've been
outstanding in responding to
client needs, responding to the
attorney's needs. Um we've been
very fortunate. What's your
experience been, Erik? It's been
uh pretty much the same. I mean
I will tell you that one of
the ways to sort of judge a
good business whether it be a
law firm or anything else is
turnover and the fact that you
have uh seasoned employees as
do we um really is a testament
to how they uh you know, how we
treat the people that come into
our offices for help uh and
um you know it's unusual
for bankruptcy law firms to
have employees the length of
time that that your firm has
had and that my firm enjoys um
when I talk to other of our
colleagues, they're always
surprised that I tell them that
you know, the average um
employee has been with me for
for something like 14 years. Um
so, they've been
outstanding. They've adapted
very quick. Um I was concerned
as you as you say, probably
unnecessarily so that they
would have trouble with the
they didn't and they really stepped up
and made space in their
homes to have an office and uh
and didn't miss a beat and um
It was a great benefit to all
of us. You know, at the Bond and Botes
law offices and at Borowitz and Clark
we are families and if you
reach out to us for help, I've
said this countless times,
we're going to treat you like a
family member. We want to help
you find the best solution for
you. Um so, Erik, I want to be
respectful of your time. We're
nearing the hour here. Um I
want to thank you for joining
us to discuss these important
issues. Um to our viewers
again, the Borowitz and Clark law
offices are throughout Southern
California. I've seen clients
helping clients throughout that
area Bond and Botes we're in Alabama and
Mississippi. If you need
assistance, please reach out
for help. If you're in an area
that we don't serve I
recommend that you visit the
National Association of Consumer
Bankruptcy Attorneys
Website, it’s NACBA.org. There's an
attorney finder uh section on
that website. Um just about
offer free initial
consultations at Borowitz and Clark
and Bond and Botes we
will do them for you from the
comfort safety of your own home
and office right now but we
need to get through this
together. Please know, we're
here If we can help you, Um
Erik, anything I may have
missed that you want to throw
in here before we close up. No,
I want to thank you for having
me. It's uh it's an important
topic as we all transition into
this new world that we're
living in and I just hope
everybody stays safe and get
vaccinated and fights off this
resurgence of this variant.
Amen to that. Well, thank you
for your help with this and
with so many things you've
helped us with over the years
um and uh you can still
give hugs to your wife and
family. So, please give all of
them a hug for me out there and
um to our viewers. Again, thank
you for joining us today.
Please know that you can share
these episodes. um and at Borowitz
and Clark at Bond and Botes. Uh
we're all about you know,
faith, family, finances. Please
let us know if we can help you.
Uh until next week. Uh thanks
for joining us. Thank you,
Erik. Thank you very much Brad
Appreciate the time
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