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Virtual Litigation Defense Strategies

Holland & Hart - Your Trial Message

Improve Your Online Hearing Efficiency

Like the continuing need to have a ‘pocket mask’ in many places, the online judicial meeting or hearing has become an accepted fact of almost-post-pandemic life. But, chances are, the remote hearing will last longer (knock on...more

Holland & Hart - Your Trial Message

Take Advantage of Screen Prominence in Your Zoom Hearing

As courts continue their uncertain transition from a Covid to a post-Covid stance, the word from many is that the Zoom hearing is the pandemic adaptation that is most likely to become a normal feature of litigation going...more

Holland & Hart - Your Trial Message

Look at the Camera

With Zoom now as common as email, we can find ourselves inhabiting the four corners of a glowing screen more often than we’re inhabiting an actual office or meeting room. Status calls, strategy meetings, witness preparation...more

Holland & Hart - Your Trial Message

Learn from the First Zoom-Appeal Verdict

Courts over the past year and a half have moved with unprecedented speed into unorthodox territory, exploring ways to conduct trials, or portions of trials, via remote videoconferencing technology. In that setting, perhaps it...more

Holland & Hart - Your Trial Message

Don’t Assume Virtual Communication Creates Less Empathy

When you’re dealing with testimony, argument, or any other form of communication, it is easy to assume that you’re getting less when it is distanced. In a remote conference or any Zoom-like experience, it seems that the...more

Holland & Hart - Your Trial Message

Remote Courtroom Procedures: Don’t Just Add a Camera

As the 2021 pandemic year winds to a close, while the 2022 pandemic year waits in the wings, it may be a good time to take stock of changes in legal procedure brought by the pandemic. Given the persistence of needed social...more

Holland & Hart - Your Trial Message

Consider That Your Zoom Conferences Might Be Sapping Your Collective Intelligence

Even as things are fitfully returning to a post-pandemic normal (perhaps against the current COVID Omicron variant-driven medical advice) one feature of the last 21 months seems to be lingering: the Zoom conference. In legal...more

Holland & Hart - Your Trial Message

Online Trials: Learn from Arizona

Arizona may not be the model when it comes to partisan post-election audits. But when it comes to online or virtual trials, the “Cyber Ninjas” in that context seem to be doing much better. In the Grand Canyon state’s most...more

Holland & Hart - Your Trial Message

Expect Another Silver Lining to Online Trials: Shadow Juries Just Got Easier and Safer

The jurors assemble and begin watching the trial — not the actual jurors but the shadow jurors, the ones who are recruited by one side, matched to the real jurors, and offer feedback on the trial as it comes in. They watch...more

Holland & Hart - Your Trial Message

Embrace Hybrid Trial Preparation

During the past year or so, when clients have scheduled witness meetings or focus group and mock trial research, we will at some point get to the common question: “So, are we doing this in person or online?” Increasingly, it...more

Holland & Hart - Your Trial Message

Treat Online Trials as an Access-to-Justice Issue

The courtroom is a special place, and there are both symbolic and substantive layers to that special status. At the symbolic layer, there are the physical trappings of the courtroom: dark wood, granite, columns, raised...more

Holland & Hart - Your Trial Message

Plan for a Hybrid Trial System

There are two theories fighting it out over what will happen once the pandemic fades. The first,  — I’ll call it the “blip theory” — posits that we will simply go back to normal pre-pandemic times, with the lockdown’s...more

Holland & Hart - Your Trial Message

Don’t Let Your Virtual Voir Dire Become a Circus

A courtroom process is supposed to be formal and solemn. The habits of delivering justice in person, through decorum and civic ritual, are designed to evoke a deference to the rule of law. When conducted remotely using a...more

Holland & Hart - Your Trial Message

The Distributed Courtroom: Don’t Assume the Trial Feels Any Less ‘Real’ When It Appears on Screens

With the extended pandemic restrictions and the resulting court backlogs across the country, we have moved tentatively into the world of online trials and hearings, with participants joining from different locations. In that...more

Holland & Hart - Your Trial Message

Disrupt Your Zoom Narcissist

The courtroom trial is one setting where lawyers feel they can sometimes dial up the dramatic delivery. In the hands of some, that liberty can lead to an overbearing style. One question with the newer Zoom environments is...more

Holland & Hart - Your Trial Message

Address the Causes of ‘Zoom Fatigue’ (and Audience Fatigue Generally)

It has gone from being a surprising observation last spring to a daily truism at this point: Zoom fatigue is real. Now that we are engaged in regular meetings by video web-conferencing, we’ve come to fully grasp the reality...more

Holland & Hart - Your Trial Message

Preserve Decorum (in All Courtroom Contexts)

At this point, I will wager that we’ve all seen the hilarious video from the 394th Judicial District Court of Texas, where an attorney, unable to remove a filter that changes his face into a cat’s, nonetheless confirms that...more

Holland & Hart - Your Trial Message

Break the Backlog: The Durable Conclusions from the Online Courtroom Project

It was just about a year ago that we all started hearing about a novel virus originating in China. A few months later, as American courts ground to a halt, or moved forward haltingly, it started to create the backlog of cases...more

Holland & Hart - Your Trial Message

Prepare Your Witness Virtually: Seven Best Practices

As we are moving up yet another hill on the pandemic case-count rollercoaster, hopefully the last rise before the final descent into a vaccine landing zone, courts are once again pulling back in–person trials, while lawyers...more

Holland & Hart - Your Trial Message

Ask Your Online Witness About Their Off-Camera Resources

So you’re conducting a deposition or cross-examination: Where is the witness? Are they right there in the room with you, or are they many miles away in a room with their computer? With the pandemic still raging across the...more

Holland & Hart - Your Trial Message

Online Versus In-Person Deliberations: Consider Differences in Equal Participation

As the coronavirus pandemic drags on and intensifies, courts around the country are moving toward reopening in fits and starts, with distancing, temperature checks, masks, and hand sanitizer. Some courts are also exploring...more

Holland & Hart - Your Trial Message

Voir Dire on Willingness to Serve

When jury trials start up again, one way or another, it is going to be a strange and potentially uncomfortable experience for the jurors. If reporting in person, they will be dealing with distancing, masks, temperature...more

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