It is no surprise that the legal field’s reliance on technology has dramatically increased over the past year as final hearings have moved to Zoom as a safer platform in light of COVID-19. This increased reliance has brought many unexpected benefits, such as saving costs and time on travel. Additionally, Zoom creates a new medium for sharing documents where all parties can see and follow the document as it is being discussed rather than having to provide separate copies for all parties.
With these advantages, however, come certain disadvantages. The best example of Zoom difficulties is the viral “I’m not a cat” video in which an attorney did not know how to fix the Zoom filter that portrayed him as a cat. Furthermore, Zoom proceedings are vulnerable to hackers and internet connection issues. As Judge Pitts discussed during the OJCC Town Hall on February 4, 2021, courts have had to deal with issues of inappropriate suggestive pictures appearing on screens due to hacking.
Granted, as Judge Pitts noted, there is the solution of putting everyone in a waiting room before permitting them to enter the hearing; however, this appears feasible only for smaller meetings or hearings. For larger gatherings, it is tougher to control this “Zoom-bombing” because it is too taxing to let individuals in one at a time.[1] Zoom has been adapting to these increased security threats by developing more hacking counter-measures, but Zoom recommends that hosts change their settings so that only the host may share their screen.[2]
Even as lawyers are adapting to this new era and attempting to learn how to navigate through these unprecedented times, some are failing to understand even basic principles of technological etiquette like muting one’s microphone when someone else is speaking. This became evident during the OJCC Town Hall as over 100 attorneys attended, and most had to be reminded to mute their microphones to limit disruptions from outside conversation and noise.
Although it should be arguably commonsensical, another element of technological etiquette that some attorneys have been struggling to understand is their attire during courtroom proceedings. As Judge Langham explained, attorneys have been attending Zoom hearings in casual clothing, still in bed under the covers, or even shirtless.[3]
Based on the OJCC Town Hall with Judge Pitts and Judge Sculco, it appears that Zoom final hearings may become a permanent facet in the Workers’ Compensation world based on the provided benefits; however, this path forward appears less dependent on COVID and more reliant on attorneys’ ability to adapt and conform to professional requirements.
[1] Kate O’Flaherty, Beware Zoom Users: Here’s How People Can ‘Zoom-Bomb’ Your Chat, Forbes (Mar. 27, 2020), https://www.forbes.com/sites/kateoflahertyuk/2020/03/27/beware-zoom-users-heres-how-people-can-zoom-bomb-your-chat/?sh=6ac0b1e5618e.
[2] Id.
[3] Judge David Langham, Hearings in the Age of Video, Workers Comp Blogwire (June 10, 2020), https://www.workerscompensation.com/news_read.php?id=36077.
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