Indian courts are adopting video conferencing as a critical measure to continue the judiciary to work. Know the significant aspects of appearing in court hearing through video conferencing or via Video Link.

1. 8 Tips on Appearing in Court
Hearing Through Video
Conferencing

2. During the ongoing Covid-19 pandemic, video conferencing is the new
normal & Indian courts are adopting video conferencing as a critical
measure to continue the judiciary to work & to ensure the
implementation of social distancing as a mandatory safety measure
for all.
Now, most of the courts don’t have in-person appearances and have
started using videoconferencing tools to facilitate and streamline the
administration of justice.

4. We have seen a sudden rise in court proceedings via video conference
but lawyers are still to catch up with the new technology and their
new normal of pleading in the court. Lawyers are trying to navigate
the not so easy screen of video conference software & the attached
new etiquette of it. Unfortunately in a country like India where
technology penetration among Lawyers is low and not all practicing
lawyers have become accustomed yet with the digital techniques of
practice. Recently an honourable Judge made an observation and
requested that lawyers appearing before him through video
conference should at least wear shirts and dress in a manner that is
appropriate to the courtroom.

5. So the key question is WHAT IS THE RIGHT ETIQUETTE FOR
COURT APPEARANCES via VIDEO CONFERENCE? What steps
can – and should – you as a Lawyer take to ensure that your
video conferences are professional and suitable for the hearing?

6. Court appearances using video conference are very new methods and
there are no well-established rules or accepted practices available as
of now. Having said that, I feel common sense along with practical
knowledge can be used to make sure that you put your best foot
forward when pleading for your clients via video conference. I have
collated a few practical tips for you so that you can follow these tips
and stay ahead in the practice of the online representation in courts.

7. 1. Your Professional Attire
It’s very practical & common sense that you should dress appropriately
for the online hearing, at least on the top half of your body, since that’s
all that will be visible on the screen. Put on a white shirt and/or a black
coat, this is applicable to both the genders. This can make a huge
difference. Comb your hair and make yourself presentable. We all are
homebound during lockdown, but if you’re appearing in an online
video court proceeding, dressing is the key. By doing that, your looks
will not distract from the point you’re trying to make. And if your client
is also asked to appear in the hearing, make sure to remind your client
about the importance of dressing correctly.

8. 2. Mention your ROLE in your login name
This is very important because Judge is also looking at your name to
talk to you hence if your ROLE is also mentioned there, it will help
him/her identify you correctly. For example Mahesh Moorthy, Lawyer
for the defendant. If your client is also attending via video
conferencing, the client should also use the same nomenclature i.e.
Ajay Mishra, Defendant. By doing this, it becomes immediately clear
to everyone attending the hearing who you are and what is your role,
thus providing more clarity and ensuring that the proceeding runs
smoothly.

9. 3. Login Early
Like in the real court, we all are present before the Hon’ble judge’s
entry in the courtroom, similarly, it is a good idea for both you and your
client to log in for the hearing a few minutes early. By doing that if you
find any technical issues while logging in, you will have time to correct
it.

10. 4. Watch your body language
As a lawyer, you know that court craft is all about your body language
and it is equally important for your clients too even during a video
conference. For new users (in Indian scenario almost all are new) it
may be difficult to get used to it i.e. looking directly at the camera
when you speak. Also, during the video conference, don’t do any kind
of multitasking.

11. You should keep your hands away from your face and keep your face
as neutral as possible. Your facial expressions are more easily
identifiable during video conferences and you don’t want any
expression to be misinterpreted by the judge! Make sure that you
share these tips with your clients who also might be appearing in the
hearings.

12. 5. Your Background in the Video
Yes! that is the most ignored aspect in a Video Conference and that is
the most disturbance causing reason too. Always check your
background before logging into the videoconferencing session. If you
are sitting in your room then be aware of what’s behind you and how
it will appear to the Judges during the hearing. Make sure there are no
distractions like reflections of lights or the sunlight coming directly on
the background behind you.

13. If there is no option and you are in a room which is not professional;
like a bedroom or kitchen, then you can use a background image in the
video conferencing software usually now available in all of them and if
you are using a background make sure to choose a
professional-looking background for example a bookshelf etc.

14. 6. Do the technical checks of your camera & microphone
before the call
Technically check your computer system before you go live on video
conferencing. It is a good idea to conduct a practice session before you
appear for your live hearing and more importantly advice your client
also to check his computer system thoroughly. If you have never used
the video conferencing software preferred by the court, make sure it’s
compatible with your laptop/mobile or desktop and download the
software before the scheduled conference. Advice your client to do the
same. Better safe than regret!

15. 7. Use a good quality headset
As a technology company we advise avoiding usage of your
computer’s audio. You should use a good quality headset and if it’s
Bluetooth make sure that you have paired it with your device much in
advance to the video hearing. We also suggest keeping a wire ready in
case Bluetooth fails for any reason like not charged enough, pairing
issues etc.

16. A headset, allows you to maintain client confidentiality and have better
sound quality all around. It is a very important etiquette to mute
yourself whenever you’re not speaking i.e. keep your microphone off to
avoid any unwanted sound/noise which can create a distraction. This
advice applies equally to your clients attending the video conference
hearing.

17. 8. Discuss with your client ahead of time
If your client will be participating in the virtual court hearing, make
sure that your client understands how the video conference hearing
works and that all participants can hear what’s being said if you’re not
muted. Explain the importance of confidentiality and how it is critical to
avoid sharing confidential information or to have confidential
discussions during the appearance.

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19. Those are my top video conferencing etiquette tips for Lawyers.

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