On March 11, 2020, Colorado Governor Jared Polis declared a state of disaster emergency due to the presence of COVID-19 in Colorado. From that point on, it is fair to say that the landscape of practicing law in Boulder County and Colorado as a whole was forever altered. Counsel tables were replaced with kitchen tables; spare bedrooms became the new conference rooms; and, for many of us, our pets became the new co-counsel.
While practicing remotely hasn’t been all bad—I, for one, enjoy the ability to wear comfortable pants during remote depositions and hearings—it has certainly presented unique challenges which could be solved only through trial and error. Below are a few of the lessons I have learned after a year of practicing remotely.
Exhibits: One of the commonly confronted logistical issues with practicing remotely is how to share exhibits with counsel and witnesses who are no longer across the conference room table. Personally, I have found that having an exhibit technician on the Zoom or Webex conference is money well spent. The technicians I have worked with have been incredibly efficient at pulling up exhibits, zooming in to the correct focal point, and highlighting the relevant text as I or the witness am speaking. Although I consider myself reasonably “tech savvy,” many awkward pauses have been eliminated by having someone else locate the PDF I needed.
That said, not every case calls for, or has the funds available for, additional technology support. In those instances, providing exhibits to opposing counsel and the court reporter, (and the witness, if possible) beforehand helps to make sure everyone has what they need prior to starting the clock. While some element of surprise is lost, it is well worth it to save the headache of trying to get a witness to read text that, when screen shared, is just too small to be useful.
Audio Setups: After a year of pandemic life, countless of us have been on—or been in charge of—a hearing or deposition that is sidetracked by echoes, feedback, or microphones that do not work as intended. There are a few things that can help prevent these issues. First, always make sure that the audio speaker is far enough away from the microphone so that the sound coming out of the speaker is not immediately picked back up by the microphone. Second, be sure that anyone who is not speaking is muted—a refrain we have all heard, but that bears repeating.
If it is necessary to have the client or witness in the same room as the attorney, it is imperative that the audio setup gets tested multiple times prior to any appearance. Feedback problems are common when there are multiple computers on the same remote hearing in the same room, so careful positioning of the equipment is essential.
Organization and Preparation: In general, remote hearings and depositions require more planning ahead of time. It is helpful to have likely exhibits opened and ready for display, and any extraneous applications closed down. It is also important to check the lighting and background in the room and ensure that family and pets are unlikely to enter during the proceedings!
Of course, all of the above tips can only help but so much. The vagaries of internet connections will continue to be unpredictable at best and working from home always comes with unanticipated surprises. Above all else, courtesy and patience with your colleagues can continue to make this as workable a process as possible. That, and checking to make sure all cat filters are turned off prior to speaking with the judge.
*This article was originally published in the April 2021 issue of the Boulder County Bar Association newsletter.
