The COVID-19 pandemic has brought America’s already overwhelmed legal system to a standstill, creating massive backlogs that will take years to clear once the crisis subsides. Courts are operating at reduced capacity, and many cases are being delayed or postponed indefinitely. For individuals, this means longer jail stays if arrested, slower immigration processes, delayed family law matters, and even lower insurance settlements. The situation is causing frustration across the board, with no clear timeline for when things will return to normal.
Here’s what you need to know:
- **Court delays are widespread** and will persist even after courts fully reopen. With limited resources and staff, the backlog is expected to grow.
- **Every area of law is affected**, though the extent of delays may vary by location and case type.
- **Lawyers are adapting** by using virtual meetings and alternative dispute resolutions, but not all cases can be handled outside of court.
Everyone is feeling the strain. “I’ve never practiced law during a pandemic before,†said Joshua Goldstein, an immigration attorney in Los Angeles. “I don’t know how long it will take to get things moving again.â€
### Why Are There Delays?
When the U.S. shut down in March 2020, the legal system followed suit. Courts are essential services, but they also pose a risk of spreading the virus. As a result, most courts have shifted to prioritizing criminal cases, while civil and family law matters are being delayed. Even criminal cases are facing backlogs due to safety protocols and reduced courtroom availability.
Stewart Guss, an injury lawyer from Houston, compared the situation to Hurricane Harvey in 2017. “Courts were closed for four to six weeks then, and the backlog lasted almost two years. What happens with a four to six month shutdown? It could be much worse.â€
Tony Kalka, a personal injury lawyer in Atlanta, says his clients are waiting up to six months for trials. “People who were injured are stuck without relief for months, and that’s not right,†he said.
### Who Will Be Affected?
Everyone. From criminal defendants to personal injury victims, no one is immune to the delays. Stewart Guss likened legal cases to snow pushed by a plow. When the courts shut down, all those cases were moved to later dates. Now, as the system tries to catch up, the workload is growing.
“Trying circumstances lead to innovation,†Guss said. “Courts are trying to find ways to operate safely and efficiently.â€
But for now, the delays are significant and could worsen. In some cases, they even affect people’s health and safety.
### Key Areas of Impact
#### **Criminal Law**
Criminal cases are being delayed, and many people are spending more time in jail than expected. Brian Joslyn, a criminal defense attorney in Cincinnati, warns that this could lead to rights violations.
“Jails are crowded, and that’s dangerous during a pandemic,†he said. “Some prosecutors are offering better plea deals to speed things up.â€
#### **Injury Law**
Car crash fatalities have increased despite fewer cars on the road. Insurance companies are taking advantage of the lack of jury trials, often offering low-ball settlements.
“Many of my clients are getting offers that don’t reflect their true injuries,†said Tony Kalka. “Cases that used to take a year now might take two.â€
#### **Family Law**
Domestic violence survivors are especially vulnerable. Many cannot meet with lawyers in person, and shelter-in-place orders make it harder to leave abusive situations.
Brian Joslyn, who also practices family law, said delays are making things worse. “It’s harder to seek help when you’re trapped with an abuser.â€
#### **Immigration Law**
Immigration processes have been disrupted by lockdowns, furloughs, and shifting policies. Joshua Goldstein, an immigration lawyer, says processing times are unpredictable.
“People are still coming here, but the system is struggling to keep up,†he said. “Now is the time to act.â€
### What’s Next?
Technology is playing a bigger role in legal proceedings. Zoom calls and virtual hearings are becoming the norm. But there are challenges—like jurors leaving the room during video trials.
Despite the hurdles, some lawyers say remote work has its benefits. “Clients are less stressed when they can talk to their lawyer from home,†said Guss.
Out-of-court resolutions are also increasing, which can save time and money. But for those needing mediation, delays are still likely.
“The system is under pressure, but everyone wants it to work better,†said Guss. “We’re all trying to adapt.â€
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