All of us are quickly adapting to a new norm. Many are working from home. Meanwhile, courts across the country have restricted access to the public, including attorneys. This has led to an influx of court proceedings being conducted telephonically or through use of video-conferencing applications. Social distancing and appearing remotely before the court, however, does not mean that your professionalism or preparations should be any more relaxed. In fact, we believe that the notions of civility, in light of the environment, should be even more heightened. In that regard, we provide some quick tips on how to better your electronic appearances:

Preparations in Advance of Hearings:

It is important to know your local court and division rules. You should check if any special administrative orders specific to the COVID-19 pandemic affect your hearing. For example, what you might normally think is an urgent matter sufficient to qualify for an expedited hearing may not be as essential at this time, and certainly not an “emergency.” Do not embarrass yourself by asking for an emergency hearing if the matter truly is not dire or at the very least likely to cause irreparable harm to your client.

There also could be local rules concerning pre-hearing transmission of materials to be used or referred to during the hearing. To the extent permitted, it is a good idea to pre-mark, highlight, and send the court and your opposing counsel all exhibits or case law in advance of the hearing. This will ensure everyone is focused on the same materials and you get to the merits of your arguments more efficiently. Meeting and conferring in advance of the hearing with your opposing counsel on all issues that you intend to present to the court is also more critical. You no longer have the ability to have those last-minute opportunities to engage with your opposing counsel in the courthouse hallways.

Your Equipment:

While many courts use similar technologies, do not expect that it will be the same for all. The judges’ procedures or administrative orders will likely identify what technology is being used to hold the telephonic or video hearings. Zoom and GoToMeeting appear to be the apps of choice for many. If you are not familiar with these conferencing programs, take the time to do a tutorial in advance of the hearing.

Check your internet connection from the location where you intend to remotely appear for the hearing. Even if you have generally used your device for electronic meetings in the past, run a test in advance to ensure your signal is strong enough to provide for uninterrupted service. If you are using a phone, a landline is always preferable to a cell phone for the same reasons. And, if you have to use a cellular phone, try your best to stay in one position so that the service does not ebb and flow. “Can you hear me now?” is not how you want to be addressing the court during the hearing.

For video-conferencing, you want to be aware of your surroundings. A neutral, work appropriate background should be used to avoid distraction. Zoom and other video conferencing technologies have features to blur out or set up a virtual background, if needed. Prior to the conference, adjust your camera to make sure you are eye level and able to look directly at the camera. Center yourself and avoid awkward angles. You should make sure lighting is proper so the conference participants can see you clearly. Natural light, side lighting, or overhead lighting tends to be the best. Front or back lighting typically results in shadowing. Remember, the entire purpose of a video-teleconference is to see each other. With that also comes the reality that rolling your eyes or awkward facial expressions will also be readily viewed by the court.

Once you are familiar with the video-conference technology, you will discover features that will aid in a smooth and effective conferencing. For example, many applications have screen-sharing, document-sharing, PowerPoint and if permitted by your local laws recording capabilities. You should watch a tutorial to learn more about these features. But, also note that sometimes screen-sharing may include pop ups, including any emails that you receive in real time. Your computer may have “do not disturb” or other options to avoid any potentially confidential pop-ups.

Professionalism During the Hearing:

Promptness is an absolute necessity. In fact, you should be calling into all hearings at least five minutes in advance – especially if you are the conference “leader.” Making the court and other attorneys wait for you to appear will not bode well, and you could lose your hearing slot. Appearing early will also let you confirm that the technology is working appropriately. Meanwhile, do not be alarmed if the court does not come on the line right away. When in the courtroom, we all have witnessed other hearings running behind. Without being there in person to witness this, we have to exercise some patience and expect that the judge will join your conference when he or she is available. At the same time, with many trials and larger hearings being suspended, in the interim, this may be an opportunity to have hearings to resolve pending issues. A simple and single letter to the court advising of your pending motions and seeing whether any electronically conducted hearing time may be a consideration to ensure your cases continue to move towards their ultimate resolution.

You may be self-quarantining or socially distancing at your home, but it is important to appear for any hearing from as quiet of an environment as possible. Your children may be out of school and at your house, your dog may be home as well, but try to find the best spot to avoid interruptions. If you anticipate there may be disturbances, consider advising the court and counsel in the beginning of the hearing to avoid an appearance of unprofessionalism. One easy technique to also avoid distracting background noises is to put your device on “mute” or “listen only” when you are not speaking. Even Zoom and GoToMeeting have mute buttons. You should learn how to use them. Silencing your microphone is also effective to avoid others from listening to you type your thoughts or rifle through papers while others are making their arguments.

Especially in multi-party hearings, or when a court reporter is also attending, it is important to announce your name each time before you speak. This will allow everyone to confirm who is speaking. Don’t assume that people know who you are simply because of the tone of your voice. You should also acknowledge any lags in transmission, and even when there are none, pause before speaking. It is far easier to unintentionally interrupt someone when you are not in the same room. Even if you do speak over someone accidentally, it can easily be interpreted as discourteous. Simply take a breath before speaking to ensure the court or your adversary has finished his or her statements.

Consider dressing up as you would to appear in a courtroom. Sometimes wearing formal attire reminds you of the official nature of the hearing. For video-conference hearings, you should dress in professional attire, even if a tie or suit is not required.

Finally, in a time of crisis, be sensitive to what others may be going through. Civility is not only what should be expected of officers of the court, but together we, as legal professionals and leaders, have an opportunity to unite together and ensure all of our clients efficiently receive justice.