For the Defense - Vol. 5, Issue 3 - 17

operate better on a personal computer or laptop than
on a tablet or telephone. If you are connecting by
phone or on a tablet, know that functionality may be
limited, meaning that options like virtual backgrounds,
sharing your screen, or use of breakout rooms may
not be available to you. And, it is always better to
download the app for the program and connect to
court through the app, rather than connecting through
your Internet browser.
	

Professionalism
Professionalism is always part of a persuasive
presentation. The same holds true in an online
courtroom setting. You or your client may be
connecting with the court in your home, but do not
succumb to the temptation to dress unprofessionally or
only dress professionally from the waist up.17 Dress for
court as though you were there, and advise your client
and witnesses to do the same. As with regular court, be
specific when advising your client on appropriate dress
for the online courtroom.
Other small things detract from your presentation
and convey a lack of focus or a lack of respect. Make
sure your microphone is unmuted when you are
speaking and muted all other times. Online forums
are not great when two people talk at once, so try
not to speak over others, except, of course, when it is
necessary to do so, like when objecting. Plan where to
position your camera, observe the way your backdrop
appears behind you, and be thoughtful about your
lighting. Avoid sitting with all the light behind you, as
it creates the risk of you looking like a silhouette.18 If
possible, position your computer such that you meet
the camera head on, and avoid positioning the camera
to look up at you.
Finally, do not eat or drink in an online proceeding
since you would not eat or drink in a courtroom. The
golden rule when it comes to decorum is that if you
would not do it in person in court, do not do it online.

Have a Plan to Communicate with Your
Client
Part of preparing is having a plan for communications
with your client during proceedings. Different
platforms have different capabilities, and each county
may have its own protocols about communicating
during an online proceeding. Some platforms permit
you to type in questions or answers to your client via
a chat function. Know, however, that the way your
court's system is configured will determine whether
chats might be accessible later or automatically saved
when the proceeding ends. Texting or calling may
be more private, but also potentially more disruptive
during the middle of a hearing. Additionally, if there
are others in the room with your client, phone calls may

not be subject to traditional attorney-client privilege
protections if the conversation is not confidential.19
None of the available solutions are ideal, as none
provide the requisite privacy; but, it remains essential
that you and your client know what the court permits
and that you have a plan before the need arises, before
the online proceeding begins.
	

Tips and Tricks for Online Advocacy

	
Each online court/meeting platforms offers slightly
different features. Some platforms allow you to share
things with others on your screen.20 This permits an
attorney to use a PowerPoint in a speech, to publish a
document once admitted so that all in the courtroom
can see it, or to create a demonstrative exhibit. Several
platforms that permit screen sharing also have a
whiteboard feature on which a lawyer can create a
demonstrative exhibit, and several platforms allow for
annotation of documents by anyone in the meeting.
Note: to share something on your screen, the document
or PowerPoint needs to already be open on your
desktop when you hit the 'share screen' button in the
online courtroom.
	
You may also encounter breakout rooms in online
proceedings. The breakout room function allows the
judge or court officer to put people who are in the
online courtroom into a separate, private online space
where they can talk privately but cannot see or hear
what is happening in the greater online courtroom.21
Breakout rooms can be used as private space to
sequester witnesses, for jury deliberations, for sidebar,
for attorneys and clients to meet, or for attorneys to
meet with opposing counsel.
	
The availability of chat functions will be determined
by the court administrators, but chatting permits
lawyers to do several things. You can chat with
everyone in the courtroom, to alert everyone of a
technology issue or other broad problem. You can chat
with an individual alone to address specific concerns, be
it the judge, opposing counsel, or your client. Keep in
mind that while these chats feel private in the moment,
chats can be saved and then preserved for others to see
once the online court proceeding concludes. You can
also attach a document, photo, or internet link into a
chat, which would permit a lawyer to show a witness an
exhibit to have them authenticate it before publishing
it to the greater courtroom by sharing your screen.
	

Where To Go For More Help

	
If the above section left you confused or
overwhelmed, do not worry. There are all kinds of
resources available to help you. Many of the online
meeting platforms have video tutorials and articles
available for free on their websites. Additionally, check
for CLEs about online advocacy.22 Also, several trial

Vol. 5, Issue 3 l For The Defense

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For the Defense - Vol. 5, Issue 3

Table of Contents for the Digital Edition of For the Defense - Vol. 5, Issue 3
