One of the changes forced on us by the Covid-19 crisis which is likely to become a permanent change to the legal landscape is the much increased use of video conferencing via Skype, Zoom, or other system for court hearings. It may even become compulsory unless the parties can demonstrate that there are good reasons for needing a traditional court hearing.
The advantages of video conferencing are avoiding the need for the parties, witnesses, and lawyers to travel to a court hearing centre, flexibility of timing and saving of costs.
The disadvantages are the loss of a sense of formality and 'gravitas', the feeling that the parties have not had their 'day in court', the risk of the domestic – children crying, dogs barking, and interesting décor – intruding on the attempt to create a professional atmosphere.
If you are required to participate in a hearing by video conference here are some tips to make the process more effective:
- Have a test run with your solicitor before the actual hearing to make sure that your software and phone, tablet, laptop, webcam, or PC works and that you can be both seen and heard.
- If all the participants are going to be referring to documents check that you have either the paper file of documents or the electronic file before the hearing, and check that you can find your way through it whether it is paper or electronic.
- Carefully choose the location from where you are going to participate. Make sure that it is quiet, and think about what the other participants will see around you.
- Remove from the camera's view anything that could distract the other participants such as family photos, ornaments, etc.
- Although you may be taking part from your own home, dress as you would if you were going to a physical court so as to signal to the other participants that you are treating the hearing seriously.
- If any of the participants are abroad consider any time difference.
- Remember that if the hearing is of a type to which the public would have been admitted if it were in a traditional open court, that there may be members of the public watching the video conference.
Video hearings can save time (and where lawyers are concerned time is money) and lead to speedier justice but everyone involved needs to learn a new etiquette to ensure that they are successful and effective.
If you have a legal query and would like to speak to a member of the Clapham & Collinge team, please contact our dedicated Client Relations Team on 01603 693500 or email us using the 'Make an Enquiry' online form on our website.
*This article is provided for general information purposes only and does not constitute legal advice or other professional advice.
