Preparing for Zoom Video Hearings: What You Need to Know

Whether it’s by Zoom, WebEx, GoToMeeting, Microsoft Teams, Skype, or some other platform, courts across Tennessee are using videoconferencing services to keep the wheels of justice turning. In this post, I share what I’ve been learning as I participate in these hearings. (Note: I’m going to refer to Zoom hearings because they’re the most common in the courts where I practice. However, many of the concepts covered in this post apply to all videoconferencing platforms.)

This post is about getting ready for a video hearing. In a later post, I will share guidelines for behavior during a video hearing.

Be Prepared

Technical Issues

The Zoom platform is fairly user-friendly and intuitive. Still, you should not use it for the first time to dial into a court hearing. You should practice, either with your lawyer or a friend who will be honest with you about your presentation. What impression does your environment give? Can the other person see and hear you clearly? Do you appear attentive and seem like you take yourself and the other person seriously?

You should make sure, well in advance of the hearing, of the following:

• That the device you intend to use works with the platform the court is hosting the call on, and that you have downloaded any necessary software or updates to run the platform smoothly. Zoom updates have been common recently due to the sudden uptick in users on the platform.

• That the internet connection you will be using to participate is stable and fast enough to support videoconferencing.

• That you have a way to stabilize your device, such as a tripod or mount. Participating in a Zoom hearing with a phone in your hand will cause the video to be shaky and will annoy the judge. Annoying the judge is a completely unnecessary way to hurt your case. Again for the people in the back: annoying the judge is a completely unnecessary way to hurt your case.

• That you know how to operate the software, including how to dial in, use the mute function, stop and start your video, enable and disable virtual backgrounds, call back in or communicate with your attorney if you get disconnected, etc.

• That any virtual backgrounds or profile pictures that may show up in the hearing if your video stops or another glitch occurs are court-appropriate.

• That you have the access details (usually a link or a meeting ID+password) you will need for the hearing.

• That you have chosen a suitable environment to be in during your hearing (more on this below).

Selecting Your Environment

Where are you going to be when you Zoom in for your hearing? It makes sense to think about this beforehand. You’ll want to consider the following:

• Location, Location, Location

Plan where you’ll be located for your Zoom hearing. Will you be at home, at an office, in a public space? If at all possible, do NOT call in from your car or your bed, and choose a place where you will tend to sit up straight and appear to be paying close and respectful attention to the proceedings. You might not be in Court, but what is happening on the screen matters to your future. Treat the process with the respect it deserves.

• Lighting

I have seen so many Zoom participants, including lawyers, show up in terrible lighting. Plan to participate from a location that allows others to see your face and expressions easily. Seeing a witness’s or lawyer’s facial expressions is very important to judges when assessing credibility.

Choose an environment where the light comes from in front of you rather than behind you. Bright light behind you will either blind the other participants or will cause you to be cast entirely in shadow. Many people who do a lot of videoconferencing invest in a special light called a ring light that increases visibility and improves appearance.

• Angle

Women seem to have an easier time with this than men. Ideally, your camera would be mounted in a location that captures you at approximately a 10° downward angle, with your eyes in the center of the frame. Upward angles are unflattering. No one wants to look at the underside of your chin or up your nostrils. You can achieve the appropriate downward angle by mounting your camera slightly above you and pointing it slightly down, or placing a laptop or tablet on top of a stack of books or a sturdy box. (I have, on occasion, used an upside-down laundry basket.)

• Background

Zoom allows virtual backgrounds, and I have certainly used them myself during short court appearances, such as status conferences. I do not recommend Zoom backgrounds for longer hearings or trials, but if one must be used, I recommend something neutral or calming in color and not distracting. “Cute” backgrounds (such as those featuring sports teams, Star Wars characters, or moving objects) are STRONGLY discouraged because the Court may take them as a sign that you do not take your legal matter seriously.

Many times, I am at home for short court appearances, and my children are also at home (although being cared for by my husband). Therefore, I sometimes have to participate in quick Zoom hearings from my bedroom, which has bright red walls. Psychologically, red appears angry and aggressive, which is not what I want to present in court, and it also brings out red tones in my skin. Therefore, when I use a Zoom background, I use a dark blue minimally textured computer wallpaper.

When I am Zooming in from my office, I do not use a Zoom background. Instead, I make sure the space behind me is presentable and simply participate as normal. (In my case, it is impossible for me to use a Zoom background in my office because parts of my face are the same color as my office walls, creating the effect of holes in my face. However, even if I could use a background in my office, I probably wouldn’t.) Participating without the background is a sign of respect for and trust in the Court and a statement that you have nothing to hide.

What should be in your background? Anything that looks clean, neat, well-organized, and calm. Bookshelves and blank walls are popular choices. Many lawyers do Zoom hearings from their desks with their degrees or licenses displayed behind them.

What should not be in your background? Illegal stuff (nightmare story heard from friend: crack pipe), political stuff (you don’t know the judge’s political leanings and it could annoy the judge), a mess, people walking in and out of the video frame (nightmare story: someone’s naked wife), or (surprisingly common) a spinning ceiling fan or a turned-on TV screen. The many ways a background can go wrong are too voluminous to list here. If there is a mirror in your background, make sure what it reflects is also presentable. When in doubt, just don’t. Be as uncontroversial as possible with your surroundings.

• Privacy

Choose a place where you can be as alone as possible. The judge wants to see you, not you plus a bunch of other people who have nothing to do with your case.

Children and Animals

Please make arrangements to participate without interruptions from children and pets. They are unpredictable and their antics may embarrass you when you least expect or want to be embarrassed. They can also distract you with requests for care and/or attention. Therefore, you should make sure another adult is in charge of them for the duration of your hearing. If that means hiring a babysitter, then hire a babysitter. A babysitter is way cheaper than an appeal or any other means of attempting to correct a hearing gone sideways.

Preparing Your Own Appearance

This is extremely important. Video court is still court, and the judge can see you. Dress in a manner that respects the dignity of the legal proceedings in which you are participating. Giving the impression that you don’t take your case seriously will annoy the judge. Say it with me one more time: annoying the judge is a completely unnecessary way to hurt your case.

Remove any food from your teeth. Groom your hair in a neat, non-distracting style. Choose minimalist jewelry and makeup (cover any blemishes, of course, but now is not the time for an “evening look”).

No cleavage. Do not wear a bathing suit (even with a coverup) or ratty clothes. Always wear a shirt with sleeves (a father appeared shirtless for one of my hearings last week and the judge had to ask him to go put a shirt on). If you are a woman, please wear supportive undergarments.

For more on what to wear, please click on the link to see my earlier blog post, “What Do I Wear to Court?”

I am not of the opinion that you should dress less formally for Zoom court than real court. Court is still court. If anything, the judge will pay MORE attention to your appearance than in regular court because she or he will be staring at a box inches from his or her face, containing smaller boxes focused on the faces of all the participants. There is not much else for the judge to look at.

Make sure the judge’s view of you communicates respect for the relief you’re requesting from the court and for the court proceedings themselves. You never get a second chance to make a good first impression, and that’s never been truer than it is in a video hearing.