Wednesday, January 27, 2021

What's your platform?

 

Law360 has Justin Heminger's 10 Tips for Your Next Virtual Court Appearance, which notes:

  • In what qualifies as a supermajority, 10 of the 13 federal courts of appeals are using Zoom for virtual arguments. Many federal district courts have followed suit.
  • Although Zoom is the most popular platform, some courts use other platforms. For example, the U.S. Courts of Appeals for the First and Eighth Circuits have fashioned a thin circuit split by using Microsoft Teams. And the U.S. Court of Appeals for the Federal Circuit is holding arguments telephonically.
  • You can even use a personal device — an iPad, for instance. For example, the clerk's office at the U.S. Court of Appeals for the Ninth Circuit has confirmed that you do not need specialized equipment to participate in a virtual argument and that judges have participated in arguments from home on their tablets.
  • Anecdotally, most attorneys are sitting for virtual arguments. One colleague reports that staff at a federal circuit court informed her that the court preferred attorneys to sit, not stand, during argument, and that 90% to 95% of attorneys did so. Or as another colleague wisely recommends to arguing attorneys, be like the TV news anchor, not the weather person.
  • Several federal circuit courts have posted helpful guidance online. For example, the Fourth Circuit has posted Videoconferencing Tips for Counsel on its website. Likewise, the Tenth Circuit has prepared a Guide for Participating in Remote Video Oral Arguments via Zoom for Government, available on its website. The Fifth Circuit shares a useful guide directly with arguing attorneys.