With the Pandemic of 2020 due to COVID-19, many courts are loosening their rules and allowing telephonic appearances where they previously wouldn’t have been allowed. Some courts are also allowing people to appear by video conferencing software (i.e. a sort of “virtual court”). Outside of court, many law offices are now doing consults and client meetings exclusively by video or telephone. Here are some tips for working on your legal matter by phone or web conference.

Man appearing for court by phone and video — Eagle-eyed Internet denizens and memelords will recognize Hide The Pain Harold here.

Appearing For Court By Phone (Most Common)

Prior to any quarantining or stay-at-home orders, telephonic appearances were sometimes allowed by the courts– usually for civil procedural matters involving attorneys or parties from out-of-state, or long distances from the courthouse. Here are some tips for appearing telephonically for court:

Visualize and pretend that you are really going to court. Would you go to court chewing gum? Drinking a latte through a straw? If not, don’t do it when you appear for court by phone.
Budget enough time on your calendar for the expected court appearance, and assume your matter won’t be the only one the court hears. Most courts are bundling appearances several at a time, and yours may not be the first case called. Ask your lawyer about the expected time-frame for court to conclude.
Be indoors, and in a quiet environment. Get far away from wind noise, dogs or kids, and consider what other items in the room make noise (e.g. fans, TVs, radios, computers with loud fans, nearby roads or groups of people, etc).
Try to use a traditional landline phone if you can. Even in the 21st century with all our advancements in technology, the sound quality of an old telephone line still reigns supreme.
If you can’t be on a landline, make sure you’re in a location with strong cell reception.
Try to set up whatever phone you have to be hands-free, but avoid speakerphone if you can. Speakerphones often create echos or feedback. A headset or earbuds are best, if you’ve got them.
While waiting your turn, mute your phone. This is of critical importance. You will upset both the Court Clerk and the judge if you do not mute your phone. Imagine 20+ people on a shared conference phone line, with everyone smacking their lips, sighing, breathing, and occasionally clearing their throats or coughing. It becomes one loud mess, and everyone needs to mute their phones unless they are asked or expected to speak.
Have a full copy of your file in front of you, a pen, a pad, and some sticky notes.
Arrange with your attorney in advance of the call to have some way to communicate with them in real-time if an issue comes up during the hearing (e.g. text them quietly in the background, or message them using an app).

Appearing For Court By Video (Less Common)

Most courts aren’t very tech-savvy or sophisticated so while the majority of businesses and individuals are capable of figuring out how to use things like Zoom, Facetime, Google Duo, etc., the courts are still struggling with these things. For that reason, you will be unlikely to find a court that will allow you to appear by video, but there are advantages to video when it’s available. First off, it feels more natural. More real. Humans prefer to interact with other humans while looking at them, and reading visual clues such as body language, facial expressions, or an intent to speak, interject, or interrupt. Second, the ability to screen-share and see documents held up to the camera– even if they are not fully legible but can at least be identified and referenced– is very important in court proceedings. Here are some tips, and you can see many of them similar to recommendations made above:

Visualize and pretend that you are really going to court. Would you go to court wearing a baseball cap, or wearing a t-shirt? With a distracting background behind you? If not, don’t do it when you appear for court by video.
Do a test run of your camera and mic. If you are using your cell aka smartphone, they will be connected. But if you’re working off a laptop, there can sometimes be conflicts with audio and video devices. Test the gear by making an actual video call to your attorney or a friend, using the same software or app you’re going to use when you appear with the Court. Pay particular attention to what the camera will see, navigating around the app, turning on and off video, turning on and off audio, and– most importantly– using the mute feature quickly and with confidence.
Budget enough time on your calendar for the expected court appearance, and assume your matter won’t be the only one the court hears. Most courts are bundling appearances several at a time, and yours may not be the first case called. Ask your lawyer about the expected time-frame for court to conclude.
Be indoors, and in a quiet environment. Get far away from wind noise, dogs or kids, and consider what other items in the room make noise (e.g. fans, TVs, radios, computers with loud fans, nearby roads or groups of people, etc).
Try to set up whatever camera and mic you have to be hands-free, but avoid speakerphone if you can. Speakerphones often create echos or feedback. A headset or earbuds are best, if you’ve got them. With video, you’d really like to avoid the nauseating shake of a handheld cell phone.
While waiting your turn, mute your mic. This is of critical importance. You will upset both the Court Clerk and the judge if you do not mute your mic. Imagine 20+ people on a shared video conference, with everyone making noise. It becomes one loud mess, and everyone needs to mute their mics unless they are asked or expected to speak.
Have a full copy of your file in front of you, a pen, a pad, and some sticky notes.
Arrange with your attorney in advance of the video appearance to have some way to communicate with them in real-time if an issue comes up during the hearing (e.g. text them quietly in the background, or message them using an app).

Appearing For A Consultation Or Client Conference With Your Attorney

If you have taken the time to schedule a consult with a lawyer, make it worth your time, and the attorney’s. Most consultations are either free or at low cost, and so to get the full benefit of that attorney’s discounted time, you need to be organized before the call (whether by telephone or video), and to make the most of the time available for the consultation. Here are some tips, and you can see many of them similar to recommendations made above:

Have auditory privacy. Your case is most likely a confidential, and privileged matter. You can’t talk freely if there are other people standing around and if you don’t have audible privacy.
Be indoors, and in a quiet environment. Get away from wind noise, dogs or kids, and consider what other items in the room make noise (e.g. fans, TVs, radios, computers with loud fans, nearby roads or groups of people, etc).
Try to use a traditional landline phone if you can. Even in the 21st century with all our advancements in technology, the sound quality of an old telephone line still reigns supreme.
If you can’t be on a landline, make sure you’re in a location with strong cell reception.
Try to set up whatever phone you have to be hands-free, but avoid speakerphone if you can. Speakerphones often create echos or feedback. A headset or earbuds are best, if you’ve got them.
Have a full copy of your file in front of you, a pen, a pad, and some sticky notes.

The Future And “The New Normal”

Professional services and related court appearances may never go back to the way they were before the Pandemic of 2020. For example, it’s very difficult to imagine a situation anytime soon where fifty people will show up in a crowded courtroom for an arraignment. That was common in 2019. Also, many attorney who have now switched to a more paperless and work-from-home office arrangement may be making much more use of telephone and video consults and appointments. The upside of course to this is the convenience to the client– you may no longer have to drive across town to “meet” with your attorney.

Hopefully these tips have been useful for you. If you have any more, please drop us a line using the contact form. Stay safe, stay healthy.