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How to improve our presence in the virtual courtroom

As trial lawyers, our appearance is often just as important as the quality of our legal work- or at least that's what we tell ourselves! Our dress is designed to project power, competence and success. The way we walk into the courtroom when our case is called, how we sit, stand, and speak, all convey a message about us and our client's cause.

For me, until about a year ago, dressing for a hearing involved a freshly pressed suit from 319 Men in Charleston, spit shined wingtips from Sherman Brothers of Philadelphia, a white Brooks Brothers shirt, a silk tie and one of my favorite fountain pens, perhaps the Pelican or Esterbrook. I'd walk tall and confident into the courtroom when my case was called and make my argument with my hands as much as my voice. It was my case in my courtroom and it was (at times) just a little bit like Vaudeville.

Virtual courtrooms have changed all of that.  In a virtual courtroom I am reduced to a talking head in the corner of a computer screen.

Well, no worries, Settlyd developer Sean Keefer is also an accomplished (and formally professional) photographer.  Here are his thoughts on how to improve our new virtual courtroom presence based upon some basic photography principles.

Our camera should be situated at the top middle of the computer screen and at eye level. It is important that our camera not be aiming from below. This is not a flattering view! If you have to, place your laptop or computer on top of a few law books to bring the camera to eye level.

The vast majority of virtual users will look directly into the screen, not the camera. That mitigates against the principle of “looking the subject in the eye.”  Even on an average size computer screen, if the speaker is looking into the camera, they will not be able to see the screen.

Conversely, if the speaker is looking at the screen, then they will not be “looking the subject in the eye.”

The key is to vary our view from looking at the screen and looking at the camera. Also, don't lean into the screen but maintain a stable distance. This will help to minimize our eye movement and we will be viewed by the Court as speaking directly to them.

We should also prepare our physical location prior to a hearing.  Courtrooms are clean, uncluttered, quiet, formal and professional.  We should try to emulate the formality of a courtroom as much as practical even if we have to clean up or rearrange a few things. There must be nothing visible/audible on our end that distracts from the hearing and that diverts the attention of anyone participating.

It is also best that the background behind us be uncluttered and does not distract. I generally use the conference room in our law office with wood paneling behind me. Take care with virtual backgrounds. They can eliminate clutter, but they may cause viewing issues.

Lighting is always a challenge. Most office lighting is harsh and will cause shadows and bright colors.  One of the biggest issues is the effect of backlighting. We must be careful not position our backs to a light source, such as a  window, if at all possible.

Lighting issues can be mitigated by use of any number of inexpensive USB powered lights, such as ring lights. Ring lights can be secured and set up behind the camera or just off the monitor and will help to even out the lighting.  A USB light designed for web usage typically “softens” the light to remove the harsh elements.

Good luck with your hearings, I hope you found this helpful.

Be well and stay safe,

Guy Vitetta

Charleston SC