The Seven Commandments for Virtual Hearings
In the United States there are a number of major platforms that were already being used for remote calling to court hearings.
With COVID-19, the use of these platforms has been extended to trials and arguments. But as the technology already existed American attorneys have easily got used to it.
Evan Zucker, Of Counsel from Blank Rome in New York, shares some very useful tips for INSOL Europe members to successfully appear (virtually) before European commercial courts.
1. Test the Technology:
Ensure that your internet/Wi-Fi is secured and stable. Determine in advance what device you will use to participate in the hearing. Make sure your device's camera and speakers are working properly. If possible, log in to the platform beforehand to test the technology and to practice.
2. Set Up Your Virtual Office:
Have a clean office and a wall 1n the back with no objects which could attract interlocutors from what you have to tell. Consider where you set up your camera and what is behind you. To the extent possible use a solid background. Pay attention to lighting. For example, depending on the time of day, if you are sitting in front of the window, the glare of the sun can interfere with the video.
3. Minimise Noises and Distraction:
When you are not speaking, mute your microphone. Avoid using the mouse for opening or closing the microphone and learn the relevant shortcuts.
4. Speaking:
Look at the camera when you are speaking. Position the camera at about eye level if possible (you can use books and other objects to raise your laptop temporarily). Speak slowly and clearly. There may be an audio lag, so pause occasionally.
5. Flexibility:
Do not be hard on yourself – technical glitches will happen, embrace them everyone understands and is going through similar issues.
6. Virtual Documents:
If your materials are all digital, consider combining all of them into a single PDF document with bookmarks and hyperlinks to make jumping to the relevant document seamless during oral arguments. A second monitor can also make a big difference to having the courtroom on one screen and your documents on the other.
7. Trial Team:
To the extent permitted by the local court, if you have multiple colleagues participating in the hearing, establish a protocol for communicating during the hearing (e.g., through WhatsApp or another messenger). Use different channel to discuss with different participants (For example: WhatsApp between lawyers and with the court and Signal app for discussing with your client) to avoid mistakes.
“The Seven Commandments for Virtual Hearings,” by Evan J. Zucker was published in the Summer 2020 edition of Eurofenix Magazine, a publication of INSOL Europe.