Remote Advocacy: A Silver Lining on the New Abnormal.

• Author: Patrick, Wendy L.

Appropriately masked and gloved, we head into remote court every day to do justice, just like we are committed to doing in person. Sure, the procedure is different in many ways, but in other ways it has remained the same. Using the same facts and documents and making the same arguments as we would be making in a real courtroom, we are making the same record in many respects as we would in person. For all of the negative aspects of remote court that lawyers complain about, there are indeed some positives. In addition to the obvious benefits of saved travel time, parking costs, and associated costs for victims and witnesses, here are some unexpected benefits that we might not have appreciated in advance.

CREDIBILITY: UP CLOSE AND PERSONAL ON CAMERA

Virtual platforms afford a real-time, close-up view of the judge, witnesses, defendants, and advocates as well. An article in the National Law Review aptly entitled "The Pros And Cons of Zoom Court Hearings" (1) covered exactly that topic; noting some arguably unexpected benefits--one of them related to perceived credibility. Some judges have remarked about how much better they can judge the credibility of witnesses when they can see them up close, sometimes on a large screen, and without distractions.

On the other hand, other judges noted that they were unable to view witness body language, from which they can also judge credibility if they can see shaking hands or other aspects of witness demeanor. We can imagine that symptomology of a witness being under the influence might also be visible through both facial expression and body language such as scratching and fidgeting.

CONCENTRATION: FIXATION IS FOCUS

There is a reason we have a stiff back after a day of remote court. We are not used to sitting upright, motionless, in a chair staring at a tiny camera all day long. It doesn't matter how comfortable of a chair we have, such sustained marathon sessions still can be surprisingly tiring. But here is the benefit: increased concentration.

During remote court hearings, lawyers and witnesses are forced to maintain eye contact with their computer camera, which reduces distractions and requires participants to remain much more focused than they would be in a real courtroom, where there would be people coming in and out, phones buzzing, papers shuffling, other defendants and lawyers lining up for their cases, etc. By avoiding the types of constant interruptions that typically take place in a real...