Since the initial outbreak in early 2020, the COVID-19 pandemic has closed businesses and organizations nationwide, including the courts. For both lawyers and clients, changes and uncertainty related to court proceedings have been stressful, and cases have been stalled.
Remote hearings are becoming more prevalent, in which courts hold the hearings virtually to prevent more spread of the coronavirus. This shift is a must so that the courts can continue serving the public.
Here’s what you can expect as an attorney and what remote hearings mean for your clients.
What lawyers can expect
Many court hearings are being held over Zoom, Skype for Business, Court Call, and other platforms. It’s important for attorneys to be flexible and adaptable to the new technologies and tools being used, whether phone or video. Some judges are using telephone only, while others are embracing video to help the hearings feel more normal. It may be an advantage for attorneys to push for video meetings to better make their arguments.
Make sure that you still prepare for the hearing as if it were in person, and that you have a quiet, well-lit place to take the call. Test out your platforms and electronics before the call to ensure you can be heard and seen. Using visual tools like a slide deck can still be a good idea for remote hearings.
It’s also important to note that the use of these technologies should be integrated in your practice, whether or not court hearings will be virtual indefinitely. Attorneys can better communicate with clients, manage scheduling, and offer flexibility options when they can embrace these new conferencing and communication tools.
How remote hearings will impact clients
Clients may need extra assistance during these shifting times. Some may not have access to the tools necessary for remote hearings, including an internet connection or webcam. Make sure that you work out these details with clients before the hearing takes place and assist them however you can. You and your clients can also conduct practice hearings or calls to ensure that all technologies and tools are working properly.
Some types of cases may still be postponed, depending on the guidelines set forth by each state. Keep your clients up to date on any changes so that they know what’s happening with their cases during the pandemic.
How the remote hearing process works
Remote hearings generally try to follow the same procedures as in-person hearings, but there will be a learning curve for participants to use and understand the new technologies involved. And, judges, counsel, and clients will all have to find the right space in their homes or elsewhere to conduct the calls or videos, making it more challenging to coordinate the hearings. Some courts are posting links to conferencing platforms on their websites to communicate them to the public.
Because everyone is still learning how to adapt court hearings to a remote environment, cases could take longer, especially if further postponing occurs in some states.
As an attorney, make sure you understand the guidelines for your state and local courts. Keep in close communication with officials as well as clients about any updates or changes. And remember to stay adaptable during the COVID-19 closures.