Zoom Doom?

In an age where Zoom hearings and depositions have become the norm, when is it appropriate to push for in-person event to provide the best advocacy for clients. Covid has made one thing clear – Zoom is convenient. For the sake of the client’s wallet, and attorney’s time, a court reporter’s schedule, and a Judge’s calendar. However, has this new push to incorporate Zoom into everyday events for attorneys had an impact on advocacy? There is no denying that Zoom has created an environment of convenience and has allowed the judicial system to operate in spite of a global pandemic. In fact, remote capability has allowed attorneys to depose a witness in West Palm Beach at 10:00 a.m., attend a hearing in Miami-Dade County at 3:00 p.m., and be home for dinner by 7:30 p.m. There is no discounting how much remote capability has brought the judiciary into the 21st century. In fact, Covid forced us to do so. But at what cost?

In a time before Zoom, in-person motion calendars allowed attorneys of all ages to witness the oral advocacy skills of other attorneys and absorb the knowledge that came from attending motion calendar hearings. Further, in person attendance allowed attorneys to interact with their peers and judges to develop a legal network and foster professionalism, courtesy, and a sense of community. In-person depositions gave attorneys insight into the non-verbal cues that are often diminished in zoom settings.

However, the aspects that make Zoom so coveted and convenient, may also be harmful in certain situations. The ability to multi-task when attending a zoom hearing or deposition has its drawbacks. When an attorney or judge is attending a zoom hearing, disruptions are often more prevalent and more distracting than when attending a hearing in a court room, where decorum and attention are valued and expected. What is worse are court-call hearings in which video presence is not required –and where the attorneys and judges are simply disembodied voices speaking to one another. As we are taught in law-school—body language, eye contact, and courtroom presence are powerful advocacy tools. These tools are simply not available to us via Zoom.

It has gotten to a point where it has become difficult to set in-person hearings and depositions. Some Judge’s chambers offer fewer dates for in-person hearings. Court reporters’ offices have extremely limited staff available to attend in-person hearings and depositions. Attorneys are quick to challenge setting in-person depositions and cite limited availability to do so. As officers of the court, attorneys have a duty to provide their clients with the best possible representation. If that means we forego the convenience of zoom occasionally, we must do so. There also is a duty to young attorneys, who have not practiced in the pre-zoom, pre-covid era. Are we depriving them of the opportunities that have taught more experienced attorneys so much? At this juncture, there are two paths ahead, and we must choose which to pursue.

Given these cross-roads, Haber Law has chosen to advocate for more in-person hearings and depositions when the occasion calls for it. Haber Law has made it a point to set certain pivotal depositions, crucial hearings, and dispositive motions in person to ensure that our clients receive the best advocacy possible—all while balancing the amounts of zoom events to address the need to remain cost conscious. Haber Law has traveled to Islamorada in Monroe County to argue motions for summary judgment, Boca Raton, Orlando, and West Palm Beach for depositions, and to Orlando for various settlement negotiations and mediations. Advocacy for our clients is at the forefront of Haber Law’s decision making.