Court Virtual Hearing: What should be the Guidelines for Lawyers
Virtual court hearings have become a standard practice in many jurisdictions, requiring lawyers to adapt to unique technical and procedural challenges. Below are practical guidelines for lawyers to ensure effective participation in virtual hearings, based on best practices and recommendations from various judicial and legal sources:
Test Technology in Advance: Ensure your internet connection, microphone, camera, and conferencing platform (e.g., Zoom, Microsoft Teams) are functioning properly. Triple-check mute functions and audio settings to avoid disruptions. Log in at least 10 minutes early to troubleshoot any issues.
Familiarize Yourself with Platform Protocols: Review the specific virtual platform’s features and the court’s guidelines for its use. Courts often provide instructions for joining hearings, managing evidence, or handling breakout rooms. Check for any court-specific protocols, such as those outlined by the New Jersey Courts or Alabama’s Alacourt system.
Prepare a Professional Environment: Choose a quiet, well-lit location with a neutral background. Avoid distractions like background noise or unprofessional settings. Ensure your camera is at eye level and your face is clearly visible. Courts emphasize maintaining the formality of in-person proceedings.
Dress Appropriately: Wear professional attire as you would in a physical courtroom. Courts expect lawyers to maintain decorum, as virtual hearings are formal proceedings.
Organize Materials in Advance: Have all necessary documents, exhibits, and notes readily accessible, either digitally or in hard copy. Courts may require pre-submission of evidence for virtual hearings, so follow any pre-trial protocols, such as those suggested by New York Courts for virtual bench trials.
Ensure Privacy and Confidentiality: Confirm that your remote location is secure and private to protect sensitive case information. Courts advise against participants accessing livestreams during hearings and restrict witnesses from communicating with anyone other than attorneys or court staff.
Follow Court Etiquette: Treat virtual hearings with the same respect as in-person ones. Avoid interrupting, use proper titles when addressing the judge, and mute your microphone when not speaking to prevent background noise. Courts note frequent issues with attorneys forgetting to unmute or mute appropriately.
Prepare for Evidence Presentation: Understand the court’s process for submitting and sharing evidence digitally. Some jurisdictions, like those covered by the National Center for State Courts, provide guidelines for managing electronic evidence in virtual settings. Test screen-sharing or document-sharing features in advance.
Communicate Clearly and Concisely: Speak slowly and clearly, as audio delays or distortions can occur. Avoid speaking over others and wait for the judge’s prompts. Virtual platforms can amplify communication challenges, so clarity is critical.
Plan for Technical Contingencies: Have a backup plan, such as a secondary device or phone line, in case of technical failures. Confirm with the court whether hearings can proceed via phone if video fails, as noted in guidelines from the Ohio Supreme Court.
These guidelines draw from judicial recommendations and practical advice across jurisdictions, ensuring lawyers are well-prepared for the unique demands of virtual hearings.
Here are essential guidelines for lawyers to ensure effective participation in virtual court hearings:
Familiarize Yourself with the Platform
Get comfortable with the videoconferencing platform (e.g., Zoom). Download the application, test its features, and conduct practice sessions before the actual hearing to minimize technical surprises.
Test Equipment and Connectivity
Ensure all necessary equipment (computer, webcam, microphone, speakers) and software are in proper working order. Check your internet bandwidth and conduct a trial run, preferably 30 minutes before the hearing.
Prepare Your Environment
Choose a quiet, private location with a neutral background. Avoid distractions, clutter, and anything unprofessional in the camera’s view.
Be Punctual and Ready
Log in at least 10 minutes before the scheduled time (or earlier if instructed). Have all case materials, exhibits, and identification documents ready and accessible.
Coordinate with Clients and Witnesses
Arrange for your client and all witnesses to be available and ready at least 30 minutes before the hearing. Ensure they understand the process and have the required technical setup.
Observe Courtroom Decorum
Dress professionally as if appearing in person. Address the court with appropriate formalities and remain attentive throughout the hearing.
Manage Audio and Video Controls
Mute your microphone when not speaking to prevent background noise. Unmute only when addressing the court. Ensure your video is on unless instructed otherwise, and maintain eye contact with the camera.
Handle Documents and Exhibits Efficiently
Coordinate with opposing counsel regarding exhibits before the hearing. Ensure all digital exhibits are organized and ready for electronic sharing as per the court’s instructions.
Maintain Confidentiality and Security
Do not record, photograph, or share any part of the hearing without explicit court permission. Ensure no unauthorized persons are present or listening in on the session.
Be Patient and Flexible
Virtual hearings may not always start on time due to technical or scheduling issues. Stay patient, follow instructions from court staff, and be prepared for unexpected delays or changes in procedure.
By adhering to these guidelines, lawyers can present themselves professionally and effectively advocate for their clients in virtual court settings.
Court Virtual Hearing: Guidelines for Lawyers
Test Technology in Advance
Check internet connection, audio, video, and software (Zoom, Webex, etc.).
Have a backup device or internet option ready.
Ensure Confidentiality
Use secure networks and private spaces.
Mute notifications and close unrelated applications.
Dress Professionally
Wear formal courtroom attire, just as you would in a physical court.
Maintain a neat, distraction-free appearance.
Choose an Appropriate Background
Use a neutral or professional setting with good lighting.
Avoid virtual backgrounds unless approved by the court.
Be Punctual and Prepared
Log in at least 10–15 minutes early.
Have all documents organized and accessible.
Follow Court Etiquette
Address the judge as “Your Honor.”
Speak clearly, don’t interrupt, and keep a respectful tone.
Mute When Not Speaking
Prevent background noise and ensure a smooth proceeding.
Unmute only when speaking to the court.
Maintain Eye Contact
Look at the camera when speaking, not at your screen.
Avoid multitasking during the session.
Identify Yourself Clearly
Announce your name and who you represent at the start.
Follow any local court instructions for introductions.
Handle Exhibits and Documents Properly
Share digital documents via approved platforms only.
Know how to screen share if allowed and ensure confidentiality.
Virtual court hearings have become a standard practice in the legal landscape, offering convenience and efficiency. However, they also present unique challenges that lawyers must navigate to ensure professional and effective representation. Here are essential guidelines for lawyers participating in virtual court hearings:
Master the Technology and Test Thoroughly:
Familiarize yourself with the specific platform the court uses (e.g., Zoom, Microsoft Teams).
Test your camera, microphone, speakers, and internet connection well in advance of the hearing.
Have a backup plan for internet or power outages (e.g., a mobile hotspot, a fully charged device).
Ensure any filters are off and your camera is at eye level.
Choose an Appropriate and Private Setting:
Select a quiet, private location free from distractions, interruptions, pets, or children.
Your background should be neutral and professional (e.g., a plain wall, a bookcase). Avoid cluttered or inappropriate backdrops.
Ensure good lighting that illuminates your face from the front, not from behind, to avoid being silhouetted.
Dress Professionally and Maintain Proper Demeanor:
Dress as you would for an in-person court appearance, including appropriate attire from head to toe, even if only your upper body is visible on camera.
Maintain courtroom decorum. Avoid eating, drinking, smoking, or engaging in casual activities during the hearing.
Be mindful of your body language and facial expressions, as they are often amplified on screen.
Manage Documents and Exhibits Effectively:
Organize all necessary documents and exhibits digitally and have them readily accessible for screen sharing.
Know how to share your screen smoothly and efficiently.
Consider having physical copies of critical documents as a backup.
Pre-mark exhibits and agree on a clear process for their presentation with opposing counsel and the court.
Ensure Clear Audio and Communication:
Use a high-quality microphone or a headset for optimal audio clarity.
Mute your microphone when not speaking to avoid background noise and feedback.
Speak clearly, slowly, and directly into the microphone.
Avoid interrupting others, and wait for the judge to call on you before speaking.
Maintain Attorney-Client Confidentiality:
Have a secure and private method for communicating with your client during the hearing (e.g., a separate phone line, secure messaging app).
Do not use the virtual platform’s chat function for confidential communications.
Ensure your client is in a private location and understands the need for confidentiality.
Be Prepared for Technical Glitches and Delays:
Virtual hearings can be subject to technical issues. Remain patient and flexible if connectivity problems or delays occur.
Have contact information for court staff in case of technical difficulties.
Familiarize yourself with the court’s protocol for rejoining the hearing if disconnected.
Understand Court-Specific Protocols:
Each court may have specific guidelines or standing orders for virtual hearings. Review these thoroughly before your appearance.
Pay attention to naming conventions for your display name on the platform.
Confirm whether virtual backgrounds are permitted.
Log In Early and Be Ready:
Log in at least 10-15 minutes before the scheduled start time to ensure everything is working and to be placed in the virtual waiting room.
This buffer time allows you to troubleshoot any last-minute issues.
Practice and Rehearse:
If possible, conduct a practice run with colleagues or staff to simulate the virtual hearing environment.
This helps you become comfortable with the technology and flow of the proceedings, and identify any potential issues before the actual hearing.
By adhering to these guidelines, lawyers can ensure a professional, efficient, and effective virtual court appearance, upholding the dignity of the court and providing competent representation for their clients.
