Remote Defense Counsel — How It Works

New York litigation has changed. The pandemic accelerated a shift that was already underway, and carriers that were once hesitant to retain out-of-state counsel are now doing it routinely. Here's the practical reality of how remote defense works on Labor Law and WC files.

What's Fully Remote

• Motions & briefs: Filed electronically via NYSCEF (New York State Courts Electronic Filing). No geographic limitation. Summary judgment motions, motions to dismiss, discovery motions — all filed and decided on papers, regardless of where counsel is located.
• Depositions: Overwhelmingly conducted via remote video since 2020. CPLR § 3113 permits depositions "by telephone or other remote electronic means" upon agreement of the parties or by court order. In practice, most plaintiff's firms stipulate to remote depositions — it's easier for everyone. We schedule, conduct, and defend depositions remotely as a matter of course.
• Document discovery: Demands, responses, document review, privilege logs — all electronic. No geographic component.
• Conferences: Preliminary conferences, compliance conferences, and most status conferences in Supreme Court are conducted by Teams, Skype, or phone. Individual Part practices vary by justice, but the trend is overwhelmingly toward remote.
• Mediation: Virtually all mediations are now remote. Major mediation providers (NAM, JAMS, AAA) conduct sessions entirely by video.
• WCB hearings: Virtual hearings are the standard at the NY Workers' Compensation Board. This is permanent.

What Occasionally Requires In-Person Presence

• Oral argument on dispositive motions: Some justices require in-person argument on summary judgment. Most don't, but when they do, we arrange appearance counsel or travel.
• Trial: Trial is in-person. For files that proceed to trial (a minority of Labor Law cases), we coordinate with local trial counsel or handle trial directly, depending on the carrier's preference and the venue. Trial logistics are planned well in advance and budgeted explicitly.
• IMEs: Conducted in New York at the IME doctor's office. We prepare the doctor remotely; the claimant appears in person. No counsel attendance at the IME itself.

The Rate Advantage — Honest Math

A Manhattan defense firm with midtown office space, associate salaries pegged to Cravath scale, and the overhead that comes with a 200-attorney operation bills accordingly. A senior associate at that firm is billing $400–$500/hour. A partner is $500–$700+. On a Labor Law file that runs through summary judgment, total defense costs routinely hit $75,000–$150,000 before anyone talks about trial.

We provide the same substantive work — the same motions, the same depositions, the same case evaluations, the same results — at rates that reflect Doylestown overhead, not Manhattan overhead. On a typical file, the savings are material. On a book of business, they're substantial.

This isn't about cutting corners. It's about the fact that a summary judgment brief on sole proximate cause is the same brief whether it's written in a corner office at Lexington and 52nd or in a townhouse on Main Street in Doylestown. The brief either cites the right cases, develops the right facts, and persuades the court — or it doesn't. Geography has nothing to do with it.