Remote Advocacy – Tips for Success

Digital Drawbacks

Audio-visual delays. Even if the technology is working perfectly, microseconds of delay can impact how we communicate and how we are perceived. Research has shown that even small delays in the transmission of auditory and visual signals affect interpersonal perceptions. Delays of only 1.2 seconds led to perceptions that a person was less friendly or less focused.
Eye contact. We all know that it’s missing from our online interactions. It matters because there is robust psychosocial evidence that eye contact improves not only connection, but also memory.
Distractions. Going to court over Zoom or Webex is like walking into the courtroom with a giant mirror and placing it between you and the bench. It’s too easy to spend the entire time looking at yourself. Meanwhile, your listeners are facing their own struggles — kids, pets, coworkers, technology failures (or user errors), email notifications, and the temptation of multitasking.
“Zoom Fatigue.” We normally process non-verbal communications automatically. However, the small amount of non-verbal communication that makes it onto our screens must be consciously observed. That’s taxing. Added to that is the heightened stress caused by the increased emphasis on facial expressions and cues. This “cognitive load” (the use of working memory resources) means your mind will want a break more often than it did when everyone gathered in one place.

Minimizing the Downside

Pacing and pausing. Due to audiovisual delays and a lack of non-verbal cues, a measured pace is more important than ever. Build an even slower tempo into your presentation than you do in person. Also, make more frequent and deliberate pauses.
A place for everything. Place your camera at eye level. If you need a reminder to keep your attention on the camera, attach a Post-it flag to draw your attention. Depending on your screen size and the platform being used, try to place the judge’s window as close to the camera as possible to maximize the illusion of eye contact. Place any notes you need near the camera too. If you need paper notes, prop them up. A glance down at your notes is normal in the courtroom, but videoconferencing amplifies every little motion.
Cover your “mirror.” You wouldn’t bring a giant mirror to the courtroom, so cover it up while you’re speaking. You can close your self view (if that’s an option on your platform) or go low-tech and place a sticky note over your window on the screen.
Less is more. This is nearly a universal truth in advocacy, but it is essential in virtual proceedings. In a virtual setting, there will never be enough attention and stamina to get through “just one more slide.”

Present Your Best Self

Location matters. Try to find a place with the fewest distractions for yourself and others. Don’t forget to consider what may be happening behind you that could be more interesting than your argument. If you can face the window, you are less likely to be a dark and mysterious shadow on everyone’s screen. If you can’t, close the blinds and pull a light closer to you.
Be heard. You may have considered getting a fancy new webcam, but you should focus on being heard first. The microphones built into laptops and webcams can be finicky. Set up a good pair of Bluetooth earbuds, buy a USB microphone, or join the latest fashion trend and get yourself a headset worthy of the best air traffic controller.
Some things shouldn’t change. If you usually talk with your hands, do it. If you need to stand, then rearrange some furniture or stack a few reams of paper on your desk. Attempting to suppress your typical advocacy style will only add more stress and could make you seem awkward to your viewers.
Practice. Reach out to the court to test your setup or schedule a practice session on the same platform with a friend or colleague. This is essential if you’re going to add presentation technology to the mix. A practice session will also help you determine what advice to take and what to leave.

Presentation Tech: Yes or No?

Pros and cons. While it may add another thing that can go wrong, intentional and limited use of simple presentation options can help alleviate some of the digital drawbacks and make you a more effective virtual advocate. Specifically, it can help bridge communication delays and provide outlets for waning attention.
Consider your needs and your skill. What do you need to present, if anything, to be effective? Can you do it yourself or can another team member present while you speak? What level of flexibility do you need: can you set up a slide presentation and stick with it, or will you need to jump around?
Your options. Given the varied technology in courtrooms nationwide, you may have more presentation options in a virtual courtroom than in a physical one. If you choose to use one of these options, or simply want to share documents ahead of time, combine the documents into as few files as possible. Also, include citations to the record whenever possible and appropriate.
- PowerPoint – Do not write or copy a brief into your slides. Keep points simple to provide a roadmap of your argument and highlight your key points.
- Screen Sharing – Share PDFs, audio, video, and other files on your screen. If you are going to share PDF documents, place them all into a single document and use bookmarks for easy navigation.
- Legal presentation apps – “trial” software is not just for trial. Options include the ability to magnify, call-out, and mark documents in real time (like an ELMO). Trial Pad (iPad only) is a good option for the most-used features and intuitive controls. More advanced options (Windows PC only) include On Cue or Trial Director 360.

December 7, 2020/by Litigation