Courtroom Drama: Trial Presentation Best Practices for the Virtual Courtroom by Jim Gill
As early as May, the ABA Journal was raising the idea of virtual trials becoming a part of the “New Normal,” an oftused phrase to indicate life moving forward in the aftermath of the global COVID-19 pandemic. Now, three months later, virtual hearings and trials are becoming a regular occurrence, and as they do, challenges arise with them. This week’s eDiscovery Blues cartoon tries to capture a few of those challenges with our usual combination of levity and insight; in particular, the struggle of an attorney being able to gauge the reactions of various parties while presenting an exhibit on screen. Also, it was hard to pass up the chance to show someone taking advantage of professional attire for the camera, while still rocking shorts and fuzzy slippers off screen.
A Few Basics to Consider for Trial Presentation in the Virtual Courtroom As most of us become accustomed to video conferencing and remote work, a few things start to become apparent as being necessary. Second Monitor: When you move from a real life setting to video, your brain might be expecting the outcome of a multi-camera television production, but the reality ends up something like today’s cartoon. But with Zoom calls, you actually do have multiple camera views to work with. This is where having, at minimum, a second monitor in order to optimize presenting as well as organizing participant and speaker views is crucial. Backgrounds, Dress Codes, Lighting and Audio: In the recent congressional hearings with the leaders of
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Attorney Journals Orange County | Volume 175, 2020
Google, Facebook, Amazon, and Apple, one thing that came out of that was an analysis of the speakers’ video presences (there was a great write up about it in the NY Times). Keeping that in mind, here are some things to consider: • Attendees should keep their background simple and neat (backgrounds such as a beach landscape or a galaxy are inappropriate for the courtroom). • As dress codes are still required, attire needs to be professional. At least follow the “Zoom mullet” approach—business on the top, party on the bottom. • Also consider staying away from striped patterns in clothing. In a recent hearing, one participant was constantly closing his eyes, because another participant’s striped blouse was making him slightly nauseous as the pattern was visually vibrating. • Good lighting is also very important. Avoid being backlit. Also avoid dark spaces and shadows, which can add an unintentional, somber mood. Ring lights are more popular than ever and for good reason. • If you have to choose between good audio or good video, choose good audio. Investing in a quality mic can have a huge impact.
