Tips for Virtual Practice

I have not been in a courtroom since the first part of March. Courts have adapted to life under Covid-19 with a combination of telephonic and video hearings. I have attended several CLE presentations on virtual court and have some observations of my own. Here are some tips.

1. If you are not 15 minutes early, you are late. When working with technology, assume that you may have problems and dial in/log in early. Sometimes you may input the wrong access code and have to look it up. Other times the court's phone line may be overloaded and you may have to try multiple times. You may notice that the battery on your laptop is almost dead and to go searching for the cord. Judges hate it when you log into a hearing which is already in progress. I have heard one judge order a late participant to hang up. 
2. Make sure you know what technology the court is using. Prior to one hearing, I noticed a blurb about Webex video hearings on the court's website and decided to log in that way. What I didn't notice was that the court wasn't using Webex yet and I ended waiting for a connection that never came with the result that I violated Rule 1.
3. Don't use a speakerphone. Speakerphones produce bad sound quality. However, you don't want to hold the phone to your ear the entire team so it is best to get some technology. I have tried both ear buds and a headset to connect to my cell phone by bluetooth. I found that the earbuds tend to fall out so I prefer the headset.
4. Mute your phone when not speaking. The judge does not want to hear your dog barking or you asking for more coffee. 
5. State your name before speaking. Seriously, this was a rule for in person court but it is all the more important for virtual court.
6. Wait your turn. Another thing judges hate is when people interrupt. It muddies the record and is rude. Typically, judges will tell you the order in which they will call on people. If the judge fails to call on you, then you should pipe up before he moves on but you should be very patient.
7. Exhibits  are tricky. You still have to exchange exhibits in advance just like before. However, you can't hand them to the courtroom deputy or place a copy on the witness stand like we would do in IRL court. Make sure that everyone has a set of exhibit books in advance, including the court and the witness. Don't count on being able to pull up an exhibit on the screen. Different courts may have different capabilities. See Rule 2.
8. When presenting direct testimony, it is good to prepare a written proffer, file it with the court and then send it to all the parties, including the court. This is probably a good time to point out that while the prohibition on ex parte contacts still applies, the courtroom deputy and law clerk are the gatekeepers for getting the judge what he needs. Know their email addresses.
9. If you are appearing by video, dress like you are in court. Today will be only the second time since mid-March that I have worn a coat and tie. Hopefully I still remember how ties work.
10. Finally, an anecdote. I recently participated in a day long hearing in Alaska on a claims objection. My client was a witness so I was just monitoring the hearing.The sponsoring attorney spent days working on her proffer because she was not a party and did not want to have words put in her mouth. The hearing got started late because someone was calling in from a location with bad cell service and the static overpowered the line. No one would fess up to creating the bad connection. We had to go through a series of having people hang up and dial back in until the connection was adequate.  When the time came for y client to be cross-examined, she had the exhibits on her laptop and could readily pull them up. She and I were in a conference room at my office. If I had wanted to mouth the answers to her or pass her notes, I could have. I did not for the reason that I believe in the rule that if you can get caught doing something wrong, you probably will. 

What are your stories from virtual court? I would love to hear them.