Burleigh Singleton

Muting Audio and Video - It is critical that the participating attorney as well as all witnesses and client representatives be hyper-focused on appropriate muting of audio and video when doing virtual events. Back when things were “normal,” our surroundings gave us visual cues as to whether we were in a place where we could have a private discussion. Participating in a virtual hearing, mediation, deposition or arbitration is much different. Originally published in the ABA Journal.

Background and Lighting - Lawyers need to consider whether items appearing in the background could potentially affect how someone feels about the speaker. Back when things were “normal,” mediations, depositions, hearings, and arbitrations involved picking out the appropriate attire and attending the event in a setting that was geared for such an event. Now that we are performing these same tasks virtually, the appearance and backdrop behind the presenting lawyer or witness needs to be considered.

Platform Assistant - Try using an associate, paralegal, or other assistant to help the presenting lawyer with the virtual process. When considering a virtual mediation, hearing, deposition, or arbitration, we advise you to try using an associate, paralegal, or other assistant to help the presenting lawyer with the process. The additional tasks involved in a virtual event take focus and time that can distract the presenting lawyer from the substance of his or her legal argument or mental flow.