Video Conferencing and Remote Hearings: Practical Preparation
Remote hearings preparation has become a routine part of litigation practice. Courts and tribunals in many jurisdictions now hear case management conferences, interlocutory applications, and in some cases trials, by video link or by telephone, either in whole or in part. The arrangements differ widely: some courts operate their own platforms and issue detailed directions, others permit the parties to use a commercial service on conditions, and others sit physically while allowing individual witnesses or counsel to attend remotely. The attorney must therefore begin each remote listing by establishing what the court expects and what the court itself will provide.
A remote hearing is still a court hearing. The rules of evidence, the duties of candour and courtesy to the tribunal, and the obligations of confidentiality all apply as they do in an ordinary courtroom. What changes is the environment in which they must be observed. Poor connectivity can interrupt submissions, a witness can be coached from outside the camera frame, a confidential document can be displayed to the wrong person, and an unplanned failure of equipment can cost the client a hearing date. Careful remote hearings preparation reduces each of these risks and protects the advocate from the embarrassment of technical failure at the moment of greatest importance.
This article sets out a practical method for preparing for a hearing conducted by video conferencing. It addresses the preliminary enquiries to be made of the court, the technology and the physical space, the preparation of documents and witnesses, conduct during the hearing, confidentiality, and the contingency planning that every remote listing requires. It does not state the practice directions of any court, which change, and attorneys must consult the rules, directions and guidance issued by the court in which they appear.
Establishing what the court requires
The first step in remote hearings preparation is to read, in full, any notice of hearing, order, direction or practice guidance concerning the remote listing. Many hearings go wrong because the practitioner has assumed the format and discovered the reality on the day.
Questions to answer from the court's directions
Which platform will be used, who will send the link, and when will it be sent?
Is the hearing wholly remote, or will some participants attend in person?
Must the advocate, the client and witnesses attend from a particular location or a particular type of room?
What are the rules on attire, on the use of virtual backgrounds and on the display of the court's emblem or other matter in the background?
Is the hearing public, and if so, how will members of the public and the press be given access?
Are recordings made by the court, and are the parties forbidden from making their own recordings?
How are documents to be filed and shared with the court and the other side, and by what date?
Who is the court contact for technical difficulties, and how should that person be reached?
If the directions are silent on any of these points, write to the court registry, copying the other side, and ask. Record the answer on the file. Where the other party is a litigant in person, take extra care to confirm that they have received the link and understand how to join, since a failure on their part may delay the hearing and the court may look to both sides to ensure that it does not.
Objecting to a remote format
There are matters in which a remote hearing may not be appropriate: where credibility is the central issue and the demeanour of a witness is critical, where a party has no access to adequate technology, where a vulnerable witness would be disadvantaged, or where a large volume of documents must be handled. If there are grounds to object, apply to the court promptly, setting out the reasons and any alternative proposed. A late objection on the morning of the hearing is rarely received well. The merits of the application will depend on the law and practice of the particular court.
Preparing the technology
Technology should be tested well before the hearing, not at its start. A systematic checklist reduces the risk of failure.
Equipment and connection
Use a reliable computer rather than a phone or a tablet, where possible, and connect it to power.
Use a wired network connection where possible. If wireless is the only option, sit close to the router and ask other users on the network to refrain from heavy use during the hearing.
Use a headset or a good external microphone, since built-in microphones capture room noise and are less intelligible to the court and to the reporter.
Position the camera at eye level, so that the face is well lit from the front and not from behind, and the advocate appears as they would in court.
Close every application and browser tab not needed for the hearing, and disable notifications that might display private messages on the screen or make a noise.
Have a second device available, such as a phone with the meeting link and a dial-in number, so that the advocate can rejoin immediately if the main device fails.
Software
Install the platform's application in advance, if the court allows it, and update it. Confirm that the platform has permission to use the camera and the microphone, and test the audio and video settings. Familiarise yourself with how to mute, unmute, raise a hand, share a document and use the chat function, and find out whether the court permits participants to use chat. Join a test meeting with a colleague on the same platform to rehearse the process, including screen sharing if the court will permit it.
Testing with the court
Some courts offer a test session for participants, and the practitioner should take it. Where none is offered, ask for the earliest permitted time to join on the day, and plan to join before the scheduled start. If the hearing involves a witness who is unfamiliar with technology, hold a separate test session with that person at least a few days beforehand.
Preparing the room and the advocate
The environment is part of the advocate's presentation. A neutral, quiet, well-lit and private room is the standard to aim for.
Choose a room with a door that can be closed, and inform others in the building that the hearing is in progress. Place a notice on the door.
Remove or cover anything in the background that is distracting, personal or inconsistent with the dignity of the proceedings. If virtual backgrounds are permitted, choose a plain one, and test that it does not distort the edges of the advocate's image.
Check lighting. A lamp placed behind the screen and facing the advocate illuminates the face better than a window behind the advocate.
Dress as for court. Courts have often issued guidance that standards of dress apply equally to remote hearings, and an advocate in informal clothing risks an adverse reaction.
Have water, a pen and paper to hand. Keep the papers likely to be needed in a prearranged order, because the camera and the screen show the advocate shuffling through documents.
The advocate should arrange the screen so that the face of the judicial officer, the document being discussed and the advocate's own notes are all visible. Two monitors are valuable if available. If only one screen is available, use printed copies of key documents and notes, which allow the advocate to look at the court and at the paper without switching windows.
Preparing documents and bundles
Document handling is the area in which remote hearings most often differ from a physical hearing. The court can no longer be handed a paper bundle across the bar table, and everyone must find the same page at the same moment.
Electronic bundle
Prepare a single electronic bundle in a searchable format, with an index, consistent pagination applied to the electronic document and bookmarks for each section. Number the pages so that the page number shown on the screen matches the page number printed on the document, and ensure that every party and the court have the same version. Where the court has issued a direction about the form of a bundle, comply precisely. Keep file sizes manageable, since large files are difficult to open on a poor connection, and consider providing the key documents as a smaller core bundle.
Exchange and filing
Deliver documents to the court and to the other side by the deadline in the directions, using the method specified. Retain proof of delivery. Check that the version delivered is the version the advocate holds. A common problem arises when a revised skeleton argument is prepared at the last minute and an earlier version is the one on the court file.
Documents shown to witnesses
If a witness will be taken to documents during their evidence, decide how this will be done. In some courts the witness will have a hard copy bundle that is delivered in advance in a sealed envelope, to be opened only when instructed; in others the documents will be shared on screen. Whatever the method, make sure that the witness has the correct documents and that the other side has the same arrangements. Confirm with the court whether the advocate may share a document on screen, and practise doing so.
Working copy for the advocate
Prepare a working version of the skeleton argument, a chronology and a list of authorities that is hyperlinked or bookmarked to the electronic bundle. The advocate should be able to find any document in seconds. Hold a printed copy of the essential documents in the event that a file fails to open.
Preparing the client and witnesses
Clients and witnesses are often more anxious about a remote hearing than an in-person one, because they cannot see the room or the participants in the way they would at court. The advocate should explain the format and rehearse the practical points.
Instructions to give
Where to be, and at what time, with an instruction to join early.
How to join, with a step-by-step guide and the telephone number of the person to call if the connection fails.
The need for a quiet, private room, with no one else present unless the court has permitted it, and with the door closed.
The oath or affirmation and how it will be administered remotely, including any requirement to hold a particular document or to show their hands and the room.
The rules on documents, notes and devices. A witness giving evidence should not consult messages or notes unless permitted, and should not receive communications from others during evidence.
The instruction to look at the camera, speak clearly, pause before answering and avoid talking over others, since delays in transmission are common.
The consequences of improper communication with anyone during the evidence, which the court may treat as a serious matter.
Rules that protect the integrity of evidence
A court that cannot see the whole room must take extra steps to ensure that a witness is not being prompted. Many tribunals ask a witness to show the room by panning the camera, to confirm that no one else is present and to keep their hands visible. The advocate should explain this to the witness in advance so that it does not appear as an accusation. Attorneys must not contact a witness who is part-way through giving evidence about the substance of that evidence, and this applies equally when the witness is at a distance.
Witnesses abroad
Where a witness is located in another country, additional questions arise. The court may need to consider whether the evidence can be taken lawfully from that country, since some states place restrictions on foreign courts taking evidence on their territory. Allow time to make enquiries and obtain any permission needed, and confirm the time difference so that the witness is not required to give evidence at an unreasonable hour. The practice of the court and the law of the country concerned will determine the position.
Conduct during the hearing
The principles of good advocacy remain the same, but the advocate must adapt to the medium.
Join early, mute the microphone until the hearing begins and check that the camera and audio are working.
Identify yourself and the party you represent when first called, in the manner the court directs.
Mute when not speaking, and unmute deliberately. Do not rely on a background noise to be ignored.
Speak slightly more slowly than usual and pause after the judicial officer or another advocate finishes, to avoid speaking over a delayed transmission.
When referring to a document, state the page number of the bundle, wait for confirmation that the court has found it and only then read or comment.
Look at the camera when addressing the court, since it creates the impression of eye contact, and refer to notes only briefly.
If the connection fails, rejoin at once using the backup device, and notify the court and other side by the contact method given. Do not assume that the hearing will wait.
Do not use private messaging with the client during the hearing unless the court has permitted a means of doing so. Many platforms allow a separate channel, such as a telephone call or a message on a second device, for the advocate to receive instructions without interrupting the proceedings.
Taking instructions during a remote hearing
One of the more difficult features of remote advocacy is the loss of the quick whisper to the client. Agree in advance a protocol: where the client will be, how they will signal that they wish to speak to the advocate, and how the advocate will request a short adjournment or a break-out room. Ensure that a private channel is truly private. If the client is in the same room as the advocate, the court should be told; if not, plan a method that does not risk overhearing.
Confidentiality, privilege and security
The risk of disclosure is greater when proceedings are conducted over a network and a screen. Attorneys should pay attention to several points.
Do not share a screen that displays anything other than the intended document. Close email and chat applications beforehand, and share a single window and not the whole desktop.
Do not allow the court link to be forwarded or posted. Only those entitled to attend should have it, and a hearing in private or one subject to reporting restrictions requires particular care.
Do not record or screenshot the hearing unless the court permits it. Unauthorised recording of court proceedings may constitute contempt in many jurisdictions.
Take care in conversations with the client on the same platform before and after the hearing. Use a separate, secure channel for privileged discussion, and be certain that the court's link is no longer open when it is conducted.
Be alert to the possibility that other participants may be present who are not visible, and that conversations while the camera and microphone appear to be off may be heard.
Use platforms and accounts that the firm has assessed for security, with strong authentication, and avoid unsupervised use of personal accounts for client matters.
Privileged material and confidential client information should be handled on devices that are protected, encrypted and updated. If a hearing takes place from a location outside the office, such as a client's premises or a home, consider the physical security of papers and screens.
Contingency planning
A well-prepared advocate assumes that something will go wrong and decides in advance what to do. The table below lists common failures and suggested responses.
Failure | Immediate response | Preparation that helps |
|---|---|---|
Advocate loses connection | Rejoin on backup device or dial in; notify court contact | Second device logged in; telephone number of court contact saved |
Witness cannot join | Contact witness by phone; inform the court and seek a short adjournment | Test session beforehand; named person to assist the witness |
Document will not open | Refer to the page number in the working copy; offer to email the document | Printed core bundle; smaller files; checked version |
Audio is poor | Turn off the camera to save bandwidth; switch to dial-in audio | Wired connection; tested headset |
Interruption in the room | Mute, apologise, and resolve quickly | Notice on door; household and colleagues informed |
Power failure | Switch to battery device and mobile network | Charged laptop and phone; alternative location identified |
Platform fails entirely | Follow the court's fallback instructions, which may mean telephone or adjournment | Fallback arrangement confirmed with the court in writing |
The advocate should also consider what is to be done if the hearing cannot proceed. Costs consequences may follow from a failure of preparation, and the court may be unforgiving if the fault lay with one party. A written note of the steps taken to test and prepare will assist if an explanation is required.
After the hearing
When the hearing ends, leave the meeting promptly and confirm that the court link has closed. Record a note of the hearing on the matter file, including the order made, the directions given and any deadlines. Diarise each date and send the client a prompt written summary. Where the court has recorded the hearing, ask whether a copy or a transcript may be obtained, and by what process. Note any technical problems and the way they were resolved, so that the firm can improve its procedures. Where an order must be drawn up, do so promptly in accordance with the court's rules.
Practical next steps
Read the notice of hearing and any relevant practice guidance, and write to the court about any points that are unclear.
Decide, with reasons, whether to object to a remote format, and make any application promptly.
Test the platform, the computer, the headset, the camera and the connection, and have a second device and a telephone dial-in ready.
Prepare a quiet, private and appropriately presented room, and tell others when the hearing will take place.
Build an indexed, paginated and bookmarked electronic bundle, and confirm that all parties and the court hold the same version.
Hold a test session with the client and each witness, and give them written instructions on joining, conduct and confidentiality.
Agree a protocol for taking instructions during the hearing and for requesting a short adjournment.
Record the court contact for technical issues, and prepare a contingency table with responses for the likely failures.
After the hearing, record the outcome, diarise all deadlines and report to the client.
How practice management software supports remote hearings
Remote hearings multiply the administrative load: documents must be assembled and shared, dates diarised, clients and witnesses instructed, and every step recorded against the matter. Practice management software that holds the matter file, the diary, the client portal and the document store in one place allows the firm to prepare a bundle, share it securely with the client and retain a note of what was done. Legalytech provides a platform of this kind, with pricing per firm and unlimited users, so that every fee earner, paralegal and assistant involved in a hearing can work from the same matter record without the firm restricting access to manage cost.
This article is provided for general information only and does not constitute legal advice. Practitioners should consult the rules of their own jurisdiction and regulator.
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