An Attorneys Got Your Back: Courtroom Zoom: Is it here to stay?

Life as we knew it froze in March of 2020. The past year and a half has challenged us all in many ways. From going to school remotely, to donning masks in public settings, to our kitchens becoming the office, we have all had to adapt to a “new normal.” One area heavily impacted was the justice system. Attorneys, judges, and clients all had to shift to handling courtroom matters via zoom, telephone, or e-mail correspondence.

As we begin to see the light at the end of the tunnel for the COVID-19 pandemic, there’s one common question everyone in the law field is asking, “Are Zoom court proceedings here to stay?”

Having spent my entire spring semester of law school online, I will admit it was nice to wear a suit jacket and pajama pants for Zoom class, especially Constitutional Law at 8:30AM. I really couldn’t complain about my commute from the kitchen to my bedroom/classroom, and saving money on gas (and frequent Starbucks visits) was certainly a plus. However, I definitely missed the personal element of interacting with classmates, attending office hours with professors, and studying with other people on campus. I can only imagine what it must have been like for the court system to transition to a way of life not previously practiced when dealing with legal matters.

A benefit that I can see from all of this, is that should any similar situation like COVID-19 happen in the future, I already have an idea, and some experience, in navigating the virtual legal world. However, attorneys have mixed views about the benefits and setbacks of living in a virtual legal world.

This is what Marcie had to say when I asked her about the pros and cons of conducting legal matters via Zoom:

“Zoom kept things going during COVID 19—while we have mediated many claims, in both workers’ compensation and Family law, I believe that live mediations are more productive, as the parties are more invested when they have to leave their homes to negotiate.”

“Another con is client access to a home computer and stable internet access. While you can call in like a phone call on Zoom, this does not ensure that the connection will be stable, and without a video, it is hard to know who else is present, if they are being coached, or if they truly understand the proceeding.”

One of the pros that she pointed out was, “Zoom has been great for Case Management Conferences as those are generally short and are not evidentiary hearings. It saves clients significant time and attorney fees for clients. It also allows attorneys to be more productive, rather than waiting to be called in to a live hearing, where often we would wait an hour for a 10 minute CMC.”

And when asked about the future of Zoom court proceedings she said, “I believe that many simple hearings (ie. uncontested divorces, non-evidentiary motions) can and will continue to be conducted by Zoom or telephone.”

A panel of judges from the district to the appellate level in Tennessee also weighed in on the pros and cons of virtual litigation. Judge Hurd has found the transition to a virtual world to be going extremely well and has also allowed her to preside over more bench trials than ever before due to fewer scheduling conflicts. Chancellor Lyle agreed with Judge Hurd and said that her experience has been productive and she even set up a YouTube channel to allow the public access to court proceedings.

They did note some of the virtual pitfalls, like keeping jurors off of electronic devices if they are not physically in the courtroom. They also noted that technological glitches can slow things down or create communication problems.

Judge Davis, while appreciating the new way of doing things also noted, “From my perspective, I really enjoy and prefer the in-person oral argument. It’s a bit old school of me, but I think there’s something to be said and gained from the process of being in that courtroom and standing up and walking to that podium in front of the panel of judges and making your argument.”

While there are many benefits to a Zoom court lifestyle, it is important to remember to always be professional as you are still serving and impacting the lives of your clients even if you’re doing it from the comfort of your home. As their advocate, they’re counting on you to be ethical, knowledgeable, and prepared.

It’s hard to say exactly what the future of the legal world and Zoom is, but we can certainly see how its implementation has helped both attorneys and clients, and how it has also shed light on areas of the law that are served better in-person.

And perhaps most importantly, make sure that you are not showing up to a Zoom court proceeding as a cat. J