The Virtual Courtroom is Now in Session By Dallas L. Jones
“There is nothing wrong with change, if it is in the right direction.” The COVID-19 pandemic has instigated change to our lives and touched every industry across the country. For schools, students were moved to online platforms in place of classrooms. Gyms and yoga studios were limited to offering various workouts and classes online. For many businesses with office settings, employees traded in cubicles and conference rooms for a laptop and Zoom subscription. The practice of law is no exception. This article is intended to highlight the current trend of the virtual courtroom and law practice, to discuss the positives and negatives behind this trend, and to feature why the future practice of law may be dependent on a law firm’s acceptance of the trend. 1
The Growing Use In Oklahoma, State Courts are authorized to use videoconferencing in place of court appearances. The Rule “is intended to provide a judge presiding over any matter in District Court with broad discretion regarding the use of videoconferencing.”3 Meanwhile, in response to the COVID-19 pandemic, Federal Courts in Oklahoma have provided instruction for implementing similar videoconferencing for several types of proceedings. In the Northern District of Oklahoma, proceedings may be conducted by video conferencing for detention hearings, initial appearances, preliminary hearings, waivers of indictment, arraignments, probation and supervised release revocation proceedings, pretrial release revocation proceedings, misdemeanor pleas and sentencings, among other proceedings. The Western District of Oklahoma has issued a nearly identical Order.5 2
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Not surprisingly, this innovative answer to the COVID-19 pandemic is not limited to Oklahoma. There are other stark examples of courts across the country implementing similar procedures. Many states began holding virtual hearings by early April. Meanwhile, Texas has already performed an entire trial on Zoom.6
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In addition, examples of face-to-face business taking place in a virtual world has already reached incredible heights. On the night of April 23, 2020, 15.6 million viewers tuned in to watch the First Round of the NFL Draft.7 This broke the previous record by more than 3 million viewers. And how was this possible during a global pandemic? Every NFL team’s draft room went virtual, connecting by video conference through an online platform for four straight hours of draft coverage. Granted, this substantial result may be somewhat attributable to fans going six prior weeks with no sports. However, it also serves as a clear indication that these virtual capabilities can be used on a significant stage. And on April 23rd, that point was on display for a large portion of the country. 8
The Pros Although the virtual courtroom may have started as a short-term fix to an unprecedented crisis, going forward, it is likely that its positive aspects will be too attractive to turn away. According to a 2019 Business Travel Report, an average business trip costs $1,293. Those numbers are only expected to rise in the future. Imagine the money clients will save when a large percentage of traveling expenses are eliminated. Say you have a deposition in Philadelphia that would normally take two days away from the office. You pay for roundtrip air travel and cross your fingers that the delayed, connecting flight at O’Hare still gets you in on time. You reserve two hotel nights just in case someone shows up late or comes down ill the following day. Then, factor in meals, as well as some form of transportation in an unfamiliar city. Compare that scenario with a potential alternative. You log on from your office or conference room, videoconference with the deponent from 9:00 to 3:00, and still have time to finish up some research before you are home before 6:00 P.M. that same day. 9
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