New York Provides Zoom Decorum Advice Because Lawyers Clearly Need It

Simply put: virtual court appearances should be treated no differently than in-person proceedings.

It’s time for a heart-to-heart, fellow lawyers. I wish we didn’t have to do this because trust me, it’s as unpleasant for me as it is for you. But recent events have made it abundantly clear that this Zoom etiquette is a topic that can no longer be ignored.

So, let’s do this. Let’s talk about videoconferencing protocols, since it seems that a few lawyers just can’t seem to figure this out.

Now before we get started, let me just say that I’m thrilled to see all of you using technology, whether it’s social media, video conferencing, or cloud computing. I’ve been yelling from the rooftops about the benefits of technology for lawyers for more than a decade now, so it’s absolutely fantastic to see those of you who have been reticent to accept technological change to — at long last — embrace internet-based tools and reap the many benefits of interacting, engaging, and conducting business online.

Now there’s no doubt that this shift in mindset began well before COVID-19, but one indisputable effect of the pandemic was to dramatically increase technology adoption by lawyers. Seemingly overnight, lawyers began to incorporate technology into their law firms at rates never before seen in order to work remotely. They relied on cloud-based tools to get work done and interacted online more than ever before. As a result, video conferencing quickly became the norm in our newfound socially distanced world.

As far as I’m concerned, these rapid advancements were a welcome change, but with this increased technology use came some very notable hiccups along the way, especially when it came to videoconferencing. It is these technology fails that I’d like to discuss with you today.

First and foremost, please understand that the internet is forever. Whenever you use video conferencing software, behave as if whatever you say or do will be shared with everyone you know and love. Or, in other words, as a wise person once said, dance like no one’s watching, but email (or text or videoconference) as if the end product will one day be read aloud in a deposition.

Know that whenever you interact online you run the risk that people will record videoconferences or take screen shots and then share that content across the internet. And once that information is shared, you can’t take it back. Any and all of your online communications and actions could one day come back to haunt you, resulting in embarrassment at the very least, and a disciplinary action or even a criminal prosecution at the worst.

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Now to some of you, this advice might seem like common sense. But for others, recent headlines would suggest otherwise.

Apparently I’m not alone in this conclusion. The failure of a good number of lawyers to abide by any sense of videoconferencing etiquette has become such a problem that two administrative judges in New York went so far as to issue a short memorandum last week that provided guidance for New York lawyers regarding the “appropriate decorum” for virtual court proceedings.

The judges prefaced their cautionary advice by acknowledging that the pandemic impacted court proceedings and as a result, rapid adaptation was necessary in order to ensure continued access to justice:

The COVID-19 pandemic has required all courts across New York State to innovate and adapt in order to continue to provide the effective and efficient administration of justice and Access to Justice for all court users consistent with the highest standards of Chief Judge DiFiore’s Excellence lnitiative. Our courts have uniformly transitioned to Microsoft Teams as a platform to conduct virtual proceedings. Appropriate decorum/etiquette is a necessity during all virtual court proceedings.

Next, the court provided a succinct and very helpful list of recommendations for lawyers who appear in virtual court proceedings in New York. I would respectfully suggest that this guidance should be taken to heart by lawyers who practice outside of New York as well:

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  • Dress in appropriate attire, as if you were appearing in-person in court
  • Display an appropriate and professional background
  • No consumption of food or drink during the proceeding
  • Remain professional and dignified
  • As in in-person proceedings, only one person should be speaking at a time.

So, my fellow lawyers, please take this well-intentioned advice to heart. Simply put: virtual court appearances should be treated no differently than in-person proceedings.

And last but not least, a good rule of thumb whenever you interact online is to treat the online world as an extension of the offline world. Because online actions can have real world implications, both personally and professionally, behave accordingly. Ignore this advice at your own risk, lest your antics might end up being the subject matter of the next #LawyerZoomFail headline of the day.


Nicole Black is a Rochester, New York attorney and Director of Business and Community Relations at MyCase, web-based law practice management software. She’s been blogging since 2005, has written a weekly column for the Daily Record since 2007, is the author of Cloud Computing for Lawyers, co-authors Social Media for Lawyers: the Next Frontier, and co-authors Criminal Law in New York. She’s easily distracted by the potential of bright and shiny tech gadgets, along with good food and wine. You can follow her on Twitter at @nikiblack and she can be reached at niki.black@mycase.com.

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