News and Insights

Best Practices for Video Court Hearings

For better or worse, video conferencing technologies remain necessary in many instances to have your day in court even after the pandemic.  Here are some suggestions for best practices for better video presentations..  Travis and Hays County judges are favoring Zoom.  The Williamson County judges favor Microsoft Teams.  I suggest learning and practicing on both.

Court decorum for video hearings is new to most folks, so I will recommend the following video tutorial for those seeking to present smartly in family court.

Defects in lighting, misjudged backgrounds, and dubious audio were once commonplace and understandable.  As this pandemic has gone on, however, those kinds of easily avoidable mistakes make one look increasingly sloppy.  Part of client preparation is helping the client get oriented, feel comfortable, and present well in court.  Here I'll add some tech specific tips to supplement my usual advice.

TIPS FOR PRESENTING WELL:

  1. Remember that you are still in court.  You must wait for your turn to testify and cannot interrupt a witness any more than you could in a live courtroom. 
  2. Your gestures, reactions, head shaking is perhaps more visible to the judge because it is in her line of sight on one screen.  Be mindful of your movements.  Keep your hands off your face and your head out of your hands.  If you talk with your hands you will knock over coffee in your fidget radius.  Don't do that. 
  3. Set up a practice call with me.  We'll go over everything and I'll make any custom suggestions, as needed.
  4. Plan for appropriate lighting.  Are you blue?  Is half your face dark?  Do you need a ring light or a softbox light?  If we're going to be in court a lot, such an investment could be wise.
  5. Mind your angles.  Is the camera looking up your nose?  Are you looking down at a camera with a reflection in your glasses?
  6. Make sure you know how to activate your microphone and the mute button.  If muttering recriminating sass under your breath will activate your microphone and interrupt proceedings, I would like you to know that and have that under control with either your good self discipline or the muting feature.
  7. Electronic backgrounds often backfire.  They can be distracting and depending on the light can superimpose themselves on clothing and faces.  I think the better background is a modest, unbusy, natural room background.  No controversial images, messes, contraband, novelty lamps, pets, fans, noisy birds, beeping appliances, wandering children.  Book cases are fine, but you want the judge to pay attention to what you're saying, not on what you're reading or to get antsy over your dog about to hike a leg on the drapes.  
  8. Mind the delay.  Sometimes when you speak certain conferencing services can chop the first half of your sentences.
  9. Check your WiFi and make sure it is more than adequate to accommodate your appearance.
  10. Use a headset if you must, but I think they look goofy.
  11. Do not visibly fidget or get caught surfing the web.
  12.  Keep it inside.  If you are Joe Biden and or rich then sure, have a crew put you in front of a set of French doors opening upon your garden with the fragrant, flowing, and flowering Delaware Spring behind you in the breeze, but if you are not Joe Biden, keep it simple to avoid distractions.  A long, deep room behind you is more distracting than positioning your background to be a nearer wall or corner.  I want the judge to pay attention to YOU, not your sprawling mansion.
  13. Sit in a chair.  No reclining.  No snacking.
  14. Office appropriate clothing -- no t-shirts or pajamas.  Attend to your normal office presentable grooming.

I'm certain this list will evolve.  Should any clever reader have anything further to add, I'd be happy to hear suggestions by e-mail or a call to the office. 

ABOUT THE IMAGE:

The portrait of Willie is by fun and talented English-born artist Malcolm Bucknall.  Collectors find his anthropomorphic animals in Tudor attire delightful.  He usually has works for sale at the Wally Workman Gallery on West 6th Street in Austin.