Prepare Clients for Virtual Hearings: Court Confidence

Since the pandemic, technology has transformed how we handle cases, making it essential to get your clients fully prepared for this new virtual landscape. Whether your client is tech-savvy or a complete novice, it’s your job as their attorney to walk them through the process, ensuring they’re ready to take on their virtual hearing with confidence.

1. Confirm the Platform and Format of the Hearing

Although at the beginning of the pandemic some hearings were exclusively held online, some of those hearings are now shifting back to in-person proceedings. Check with the Court to confirm whether Zoom, WebEx or Microsoft Teams will be used for the hearing or if the case will be heard in person. Test the link to the hearing, typically found on the Rule Nisi, prior to the hearing date, and encourage your client to take the time to familiarize themselves with the hearing platform.

2. Ensure Technical Equipment and Connectivity Are Ready

The most common issues with virtual hearings are  technical difficulties such as poor internet connectivity, microphone issues, and camera malfunctions. Make sure that your client has a reliable internet connection and strongly discourage them from using their phone or iPad. Viewing evidence on a phone is extremely difficult, and clients often cannot do so and testify while using a phone. A wired connection, if possible, is best; however, if your client only has access to a wireless connection, make sure that they close all non-essential applications and other distracting programs during their trial. Prior to the hearing, log on and ask your client to test his or her microphone, camera, and make sure that they know how to mute and un-mute themselves.

3. Choose an Appropriate Location

A quiet, private, and well-lit space is essential for a successful virtual hearing. Distractions, background noise, and poor lighting can be distracting and can affect how your client’s case is perceived. If your client can be present in your office, you may want to request that they attend the hearing with you. Remind your client that it is not appropriate to appear from their vehicle, their bedroom or their bathroom, and that they should be in a private, well lit and quiet space. You may want to encourage your client to test using a virtual background prior to the hearing in order to remove any  additional concerns about clutter or distracting views.

4. Prepare Your Client Mentally and Emotionally

Virtual hearings can feel less personal than traditional hearings, and this often causes anxiety and confusion for clients. Preparing your client emotionally is just as important as preparing them technically for the online proceedings. Explain the process to your client beforehand and walk them through how the virtual hearing will unfold, including the order of events, how the judge will communicate with all individuals involved, and the rules for speaking. Remind your client that they can ask for clarification if they cannot understand or hear what is being asked, and that regardless of what is being said, they must appear calm and composed. Even more than an in-person hearing, the judge is able to view their expressions and reactions and draw conclusions from what is being conveyed non-verbally. Make sure to have your client’s cell phone or email available so that you can communicate with them outside of the virtual chat. Your client may try to use the group chat function to communicate with you, or to speak out when others are speaking, thus caution them to write to you discreetly so that the communication remains confidential and they avoid unwanted outbursts or communicating directly with the court.

5. Review the Case and Key Documents

Ensure that your client has electronic and/or physical copies of all documents they may need for the hearing and use a secure platform like Dropbox or ShareFile to share these materials to ensure confidentiality. Help your client organize their documents in advance, so they know exactly where to find what they need if the judge or opposing counsel asks them to refer to specific exhibits during the hearing. Review key arguments, objections, or questions with your client. If you have the opportunity, hold a mock hearing with the client so that they are aware of the limitations and advantages of an online hearing.

6. Dress Professionally

Just because a hearing is virtual that does not excuse your client from dressing for the occasion. Advise your client to wear business/professional attire and remind clients that there are situations where they may be seen standing or moving so their entire outfit may be seen. Encourage your client to avoid wearing bright colors or anything that may be distracting including text or graphics. Solid colors often work best on camera as plaids, checks, or stripes tend to “strobe” on camera and can be distracting as well.

7. Explain Virtual Courtroom Etiquette

Just like in a physical courtroom, virtual hearings require participants to follow certain decorum. This includes respecting the court’s rules, not interrupting others, and avoiding unnecessary distractions. Advise your client to keep their microphone muted unless they are speaking. Remind your client to speak directly into the microphone, speak clearly, at an even pace, and at an appropriate volume. Since virtual hearings lack in-person interactions, clear verbal communication is crucial. Instruct your client to refer to the judge as “Your Honor” and to wait for permission before speaking. No matter what is said, your client should avoid interrupting the judge, opposing counsel, or any witnesses.

8. Plan for Technical Issues

Despite the best preparations, technical issues can sometimes arise. Help your client understand how to address common problems without panicking. Discuss with your client what to do if their internet connection fails or their device malfunctions during the hearing. Make sure they know how to contact you or your team immediately if they need help.

Conclusion

Preparing your client for a virtual hearing requires a combination of technical preparation, emotional guidance, and courtroom etiquette. With the right guidance, your client will be ready to face the virtual courtroom with confidence and professionalism.