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Virtual Litigation Trial Preparation

IMS Legal Strategies

A Decade of Progress in Trial Technology

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Digital technology is an integral part of today’s legal industry. The last 10 years have been transformative for the practice of law with strides forward in everything from legal research to practice management to trial...more

IMS Legal Strategies

Global Dispute Resolution: The Future of Virtual Legal Proceedings Is Shaped by Soaring Travel Costs

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While we may have passed through the worst of the global pandemic, it has unquestionably left a deep and lasting impact on our personal and professional lives. Restrictions that left everyone housebound for months on end...more

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

Kilpatrick

Presentation Skills in a Virtual World

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While firms are making decisions about getting back to the office post-pandemic, it appears that video collaboration and presentation is here to stay. At a recent Judges Panel during Relativity's annual conference, it was...more

Downs Rachlin Martin PLLC

The Future of Remote Litigation And Benefits Of In-Person Depositions And Proceedings For Attorneys And Clients

Legal professionals and commentators have rightly extolled the benefits of the massive shift in the legal work environment. Almost overnight, the practice of law went virtual. As we head into 2022, the legal profession and...more

Butler Snow LLP

Virtual Jury Trials Are Here to Stay . . . for Now

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For a while, we seemed headed toward resuming in-person jury trials here in Travis County. A few live trials took place under the civil district judges’ pilot program, including a two-week proceeding before Judge Amy Clark...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

Carlton Fields

Live Trials During the COVID-19 Pandemic: What’s Changed?

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As courts across the country begin resuming jury trials, litigators returning to in-person proceedings must be prepared for the myriad logistical considerations brought on by the COVID-19 pandemic — from mask-wearing and...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

A&O Shearman

The perils of giving video evidence

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If evidence is to be given remotely, via video link, from another country, be sure to check that this is permitted by the laws of that country. ...more

Conn Kavanaugh

Jury Trials in Time of COVID: One Lawyer’s Account

Conn Kavanaugh on

“We have a verdict!”   The familiar cry from the court officer echoes through the empty hallways of the Middlesex Superior Court in Woburn as I sit alone trying to focus on accumulated emails. Scrambling to my feet, I...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

Baker Donelson

Five Key Elements to Consider for Remote Hearings

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Over the course of 31 days from September 9 to December 2, I participated in a complex and document-intensive contested case hearing before an administrative law judge – entirely by WebEx. Seven lawyers represented the 26...more

Bressler, Amery & Ross, P.C.

Key Takeaways in the Changing Landscape of Dispute Resolution and the New Age of Virtual Trials

On March 9, 2021, Bressler, Amery & Ross, P.C. hosted its inaugural Hearings in Review webinar on The New Age of Virtual Trials. The panel featured Richard Berry, Executive Vice-President and Director, FINRA Dispute...more

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