June 9, 2020

Fritz Riesmeyer, shareholder, and Curry Sexton, associate, were published in the Business Torts & Unfair Competition section of the American Bar Association’s website.

The article, “Tips for Remote Video Hearings and Trials: Technology, Witnesses, Evidence, and Etiquette” addresses how to navigate litigation during the COVID-19 Pandemic.

In an early COVID-19 remote video hearing before a trial judge, the judge became frustrated as the audio and video for one counsel would freeze and counsel’s connection would drop, interrupting the flow of the hearing. Counsel’s screen would then display a “low bandwidth” message to the group participating in the remote video hearing. At the conclusion of the hearing the offending counsel was strongly “counseled” by the presiding judge to get his home internet up to speed. It was as if the offending lawyer had a new social disease—low bandwidth.

We are now more than three months into the COVID-19 world and its impact on the trial lawyer’s job of dispute resolution via arbitration, trials (bench and jury), mediation, and settlements has been quite apparent. This Practice Pointer will address the basics of handling remote video evidentiary hearings, depositions, and conferences with judges, counsel, clients, and witnesses. The information that follows evolved from experience and, most importantly, mistakes made and observed.

Read on here.