It’s not yet clear what the “new normal” will look like as a result of the pandemic, but there is little doubt that the transition to “virtual” litigation over the last two years will have a lasting impact. Remote mediations, depositions, court hearings, and even trials all became viable options and may remain so, to some degree.

But presenting virtually is more than just staring into the computer camera. Attorneys are well-served by taking preparation for virtual proceedings seriously and by working to develop skills that may continue to be part of the practice of law for the foreseeable future. Below are some practical tips for attorneys to advocate effectively in a virtual litigation setting.

Preparation Is Everything

It has become almost cliché for attorneys to struggle when confronted with unfamiliar video conferencing technology. Although a lack of familiarity can be amusing during informal conferences, it can detract from even the best laid plans for a virtual deposition or court hearing.

For that reason, confirming the service that will be used for the deposition or courtroom appearance—and even scheduling a trial run or some instruction from an IT expert—can be incredibly helpful. Different programs can vary in how to mute oneself during an appearance, how to share a screen, or how to convey written information to other parties. Becoming familiar with the technology prior to the actual appearance can help avoid delays and missteps on the day-of, as can having an emergency IT contact on speed-dial.

Lawyers can also consider downloading the appropriate program apps on their phone. That way, if there is a sudden disruption in the Wi-Fi that prevents the use of Zoom on the computer, the attorney may be able to transfer seamlessly to the same conference on a smartphone, powered by the cellular network.

Attorneys can also review their home setup objectively before engaging in a formal court appearance or deposition. How’s the lighting? Are there other family members creating noise (or, a potential risk, overhearing confidential or privileged information)? Are there colors, artwork, or objects in the background of your setup that could distract the court, the witness, or opposing counsel? Is the home setup in a high-traffic area of the home?

Although the practice of law does not always focus so intently on the aesthetic, the technology and visual component of the virtual appearance can set the tone for the attorney’s presentation.

Adapt to New Procedures

For in-person appearances, courts often have dedicated rules regarding the use of exhibits, the procedure for introducing witnesses and evidence, and other details. However, there are some rules that may not translate as easily to remote depositions and court hearings. Courts have not always provided amended guidance for attorneys on how to address the issues that can arise in remote proceedings; as a result, lawyers may work together with opposing counsel to try to reach agreement on ground rules and procedures prior to an appearance, if necessary, to submit to a court.

One thing to consider is the use of an external vendor to assist with putting together an electronic presentation. A vendor could help assemble the exhibits ahead of time to make them easy to use in the moment, and can provide assistance on court reporting and other duties.

Appearances Matter

Lawyers know how to dress for court and depositions. Most adopt the same style for at-home virtual depositions and court appearances. Indeed, early on in the pandemic, some judges made headlines for chastising counsel for their exceedingly casual dress. Just because attorneys may not be actually setting foot in the courtroom does not mean that they shouldn’t still dress the part.

It is not vain for lawyers to review their video setup and make sure that it is flattering. Making sure that the microphone works and that the camera is angled toward the lawyer to show their whole face adds to the overall professional feel and helps the lawyer maximize their ability to present evidence in a cohesive and easy-to-understand way. Being poorly lit or angled away from the camera can distract from the message, just as it would if a lawyer stood up in court and faced away from the judge and jury.

Further, on a video call, the lawyers are almost always within view. While some attorneys may try to pull off the suit jacket and sweatpants look, it can be risky if attorneys stand up while on video, without realizing that they are revealing their less than appropriate courtroom attire. In addition, although lawyers might have been tempted to smirk or react to courtroom developments if they were sure the judge or jury could not catch them, there is no hiding on a video appearance. Relatedly, it can be helpful to make sure that documents or sources needed for the appearance are within the lawyer’s eye line, so that the lawyer can maintain “eye contact” with the court while reviewing or reading from the record.

Create a Clean Record

A critical tool for litigators in depositions, hearings, or trials is to remember that the record reads cold. That is, if a question sounds great, but the witness doesn’t answer—or if an important discussion of evidence occurs off-the-record—the transcript may not reflect what the lawyer thought happened in the courtroom.

The same is true for video appearances. Thus, it can be helpful to identify oneself before speaking to make sure there is no confusion on the record. Similarly, many lawyers recommend taking a longer than usual pause after speaking to allow for any lag and/or questions from the court or another party. Speaking slowly and deliberately will also help confirm that the recording is clear and can be used to accurately develop a transcript.

Virtual litigation has moved beyond novelty status and now is an established part of practicing law. Attorneys can ensure they remain effective advocates in the virtual world by investing time in preparation for virtual appearances and by honing their virtual presentation skills.