Candid Camera: Ethical Strategies for Acing Virtual Proceedings

The halcyon days when we worked in person, used hard copies of documents, and appeared with bulky litigation bags are over - and it is not likely things will ever be the same. Over time, the ubiquity of technology has made it easier to generate documents, increased the use of remote communications, and impacted our ability to participate in legal proceedings from a personal device rather than in person. This became critical during the COVID-19 pandemic, and the rise of remote work has led to new opportunities and challenges for trial lawyers.  

Despite some glitches along the way, courts and lawyers have adapted to remote proceedings ranging from depositions and witness interviews to oral argument, trials, and arbitrations, as well as dispute resolution through virtual settlement conferences and mediations. Using the ABA Model Rules of Professional Conduct and other guidelines, this program will tackle the evolving practical, substantive, and ethical issues for practitioners and offer concrete pointers on how to be most effective in this arena. 

1. Review the changing status of court and ethical rules on practicing law virtually
2. Identify the benefits and burdens of virtual proceedings
3. Stay technologically competent amid constantly evolving law, technology and legal issues
4. Maintain a professional presentation for yourself and your setting and avoid common mistakes that cause embarrassment - or worse
5. Preserve confidentiality and privilege in remote and shared work environments
6. Prepare for depositions, including handling questions, objections and exhibits
7. Effectively advocate when "appearing" before a judicial officer for motions, trials, hearings, and arbitration
8. Analyze proven strategies for handling settlement and mediation
9. Supervise junior lawyers and professional staff when working remotely
10. Ensure clients and witnesses are prepared for the setting and remote proceedings
11. Navigate top ethical challenges facing lawyers when multiple jurisdictions are involved