The Virtues Of In-Person Hearings

As a young lawyer, I spent countless hours almost every week in motions court and assignment court. In those days, the courts would give preference to senior counsel, meaning that I, as a junior lawyer, had to very appropriately wait my turn, usually get called on my matter after many other matters had already been dealt with. I understood the “pecking order”. The benefit of that protocol was that as a young lawyer, I got to sit in court and watch experienced counsel (good and bad) argue dozens if not hundreds of matters. I learned an enormous amount from watching those other lawyers in action. Being able to watch other counsel is a tremendous benefit that is magnified in an in-person environment. We all know that when appearing virtually, we rarely pay full attention to what is being argued in other matters. We are all on mute and have our cameras turned off. No doubt, most of us are receiving and sending emails or doing other work while our matters are not actively before the court. Being present in court affords a tremendous opportunity for learning. While virtual hearings are tremendously convenient, it is difficult, if not impossible, to pick up little telling signals such as body language through a computer screen. Again, an in-person appearance offers a truly human experience as opposed to the more sterile and clinical environment of a virtual hearing. In-person hearings are not plagued with the technical problems that all of us have experienced now and then, i.e., a microphone that doesn’t work, feedback on the audio, camera not working, dogs barking in the background, etc. The in-person experience offers a focused scenario in which counsel and the court can fully engage without distraction. In-person hearings allow counsel to interact with the registrar, court reporter and the CSOs. Young lawyers should definitely get to know these people, as they are an important part of the administration of justice, and you want them as your friends. Appearing in court brings a certain gravitas that is lacking in the virtual environment. Proper decorum, etiquette and respect for the court and the process is often diminished in a virtual setting. Appearing in person creates an opportunity for opposing sets of counsel to interact with each other to have a face-to-face discussion about the matter to be argued, and whether there can be any resolution or at least a streamlining of issues. In my experience, that does not happen when matters are heard virtually. It is much more convenient to simply log on at 9:59 a.m. with camera and sound off and wait until a matter is called. The benefits of in-person hearings far outweigh the convenience of virtual hearings, particularly for young advocates who are still learning the craft. Partners/senior lawyers should be encouraging their more junior colleagues to physically attend in court whenever possible. Counsel who appear in court get called before other matters where counsel/parties are appearing virtually. Young lawyers should seize every opportunity to have actual “facetime” before a Judge and to feel the tingle of excitement and nervousness that comes with an in-person attendance.