Friday, May 8, 2020

5th Circuit's Remote Argument Tips

The 5th Circuit, which will be using Webex next month for oral arguments in Houston, provides the following Tips for Successful Video Oral Arguments

  • Dress in a soft solid color (like a black robe for judges). If a tie is worn, use a solid tie rather than one with a pattern.
  • A headset with microphone that plugs into your computer for better audio quality is highly recommended for oral argument. Earbuds with an inline microphone also work well. Blue Tooth cannot be used because it creates a delay. If you are using a video conference unit, headphones/earbuds are not necessary.
  • When speaking, remember to look directly at the webcam, not at the screen.
  • Position the camera at your eye level or slightly above eye level.
  • Be mindful of what is behind you; choose a solid neutral wall if possible.
  • Check the lighting. Light from a window behind you might blind the camera, making you look dark. Light above you in the center of a room might also cast shadows. Ideally, position a lamp, or sit facing a window, where light is directly on your face. Also be aware that your monitor casts light that can make you look blue.
  • Participants should speak one at a time and pause prior to speaking in case there is any audio/video lag.
  • Participants should mute themselves when not speaking in order to avoid any potential background noise.
  • Avoid shuffling papers or moving items around when you are unmuted, as the sound can be very distracting and loud to other participants.
  • Test your equipment in the same location where you will be doing your video oral arguments.
For some less prosaic -- and far more meaningful -- tips (about life, the universe and everything), see Prevailing in the Pandemic: Some Motherly Advice about appellate lawyer M.C. Sungaila's latest book.