REMOTE HEARINGS AND REMOTE ADVOCACY: USEFUL LINKS FROM THE UK AND BEYOND…
Lawyers all over the world are getting to grips with advocacy via a computer screen. This is an opportune time to look at the useful guidance out their for those undertaking and preparing hearings and trials that are heard remotely.
UK
The Inns of Court College of Advocacy – Principles for Remote Advocacy
“This guide concentrates on the way in which advocates can most efficiently deploy their professional skills in communication and persuasion in the new working environment.”
3 Temple Gardens – Advocacy in the Time of Pandemic
“This article will consider the ICCA’s eight principles of remote advocacy in light of practitioner insight on how to utilise the guidance.”
The Administrative Law Bar Association – Guidance to Advocates on Remote Hearings
“The purpose of this guidance is to set out recommendations from ALBA to assist advocates properly to prepare for, and effectively participate in, such hearings in public law cases which do not involve oral evidence.”
St John Street Chambers – Advocacy in video hearings
“Take your time. The camera angle means that you cannot see (and therefore cannot watch) the judge’s pen. Give the Judge time to write stuff down”
Judicial College – Good Practice for Remote Hearings
“Enquire as to the needs of those appearing, so that you can work out
accommodations and manage the hearing accordingly”
accommodations and manage the hearing accordingly”
USA
ABA – Advocacy Through the Computer Screen: Best Practices for Effective Remote Advocacy
“Put yourself in the court’s position. Everything except for true emergencies has been continued. So as courts turn to technology and start handling cases other than emergencies, ask yourself, “What can I do that might help the court?””
First Legal – Ways to advocate for your client while working remotely
“As the saying goes, it’s wise to “plan for failure, but hope for success” when it comes to remote legal proceedings. Unfortunately, all technology is fallible, and internet connectivity can be unreliable.”
Law 360 – Client Advocacy Tips For Remote Hearings During COVID-19
“Counsel should also periodically stop and affirmatively invite questions from the court before continuing with your argument. This is especially important if the hearing is setup such that the participants cannot see each other, but it still should be practiced in a videoconference hearing because latency may prevent visual cues from others from being in sync with your voice.”
AUSTRALIA
New South Wales Bar Association – Protocol for Remote Hearings
“The purpose of this protocol is to provide guidance to practitioners, particularly counsel, appearing at remote hearings – described in various publications and practice notes as a ‘virtual hearing’ and described herein as a ‘remote hearing’.”
The Australian Advocacy Institute – Remote Advocacy Skills in the aged of COVID-19 (VIDEO)
“The Australian Advocacy Institute has produced a 24-minute video to assist all practitioners meeting the demands of effective communication using remote video access to court.”
Ashurst – The remote courtroom: Tips and tricks for online hearings
“Above all, remain patient and flexible when participating in proceedings under the new protocols as Courts adapt to managing their operations remotely.”