How will virtual trials affect the appellate process?

That’s the question posed in this excellent article from Law360. A snippet:

Lawyers who engage in virtual trials need to anticipate that eventuality and do everything they can to minimize errors that can occur because of technology, as well as preserve their objections properly and quickly during virtual proceedings, [attorney Carl] Guthrie said.

“We should always be one step ahead and prepared for what happens … if an appellate court does look at it,” he said.

Courts that have been broadcasting their proceedings usually include a warning that recording is prohibited, but those warnings aren’t always heeded. One example is the recent viral video of the lawyer who was unable to remove a cat filter and told a court, “I’m not a cat.” The video preserving that moment included in black and white font a prohibition against recording.

But more broadly, Guthrie said that in virtual proceedings, evidentiary gaffes are some of the easiest to make — and can be the most damaging. Accidentally showing exhibits to jurors before they’ve been admitted by the judge, for example, is an easily reversible error, he noted.

Virtual hearings and trials are assuredly here to stay, at least in some form, after the pandemic subsides. It’s good that lawyers and judges are getting out in front of these issues.

 

About that cat video…

The viral sensation of the week is this video from a virtual hearing in a Texas state court:

The apparent backstory is that the lawyer’s secretary sometimes brings her children to the office, and one of them was using the office computer and installed the cat filter without telling anyone. And we can all relate: just two days ago my young son was using my computer for a Zoom playdate, and that evening I logged into my class from what appeared to be low-earth orbit. (Fortunately, I was able to switch the background pretty quickly.)

Still, I love how the judge handled the situation. Faced with an absurd and unexpected event, he showed extraordinary patience and grace — in fact, it was the judge himself who guided the lawyer through the steps of removing the filter. Moreover, the judge’s behavior was exactly what we should expect of judges. The fact that his dignified handling of the matter has gone viral may have the marginal benefit of reminding the public that courts are overwhelmingly serious, professional, and dignified places.

Kudos to Judge Bauer, and all involved, for injecting professionalism into a moment of absurdity.