21st Century Law Profession: How Video Conferencing Is Blowing The Dust From The Practice Of Law

By TAURUS BAILEY

THEN: When I started law school in 1995, Westlaw was a new thing. Stacks of floppy disks were loaded into a computer, which also plugged into a fax modem to access this new thing called the internet. NOW: In our pockets and tablets, we have computers with more processing power than the computers did that took astronauts to the moon. That same device can not only connect us with phone calls, but with live video, and abilities to share documents, photos, video, etc.

In the practice of law, we especially enjoy the advantage of sensory reading. It's certain that communication is more effective when you can see the person you're talking to, and gauge that person’s facial and micro-expressions. For example, it makes it easier to determine a joke from a serious declaration.

But as the courts and profession of law have learned since the start of the pandemic, in-person court hearings, witness examination or client meetings are not essential for case progress or compliance with the rules or procedure for evidence. Instead, all over the world, video conferencing and collaboration services have become the tool of choice for courts, law firms, schools and even the bar exam. And it works, so long as participants know how to unmute themselves.

The Memphis Bar Association’s Technology Section has assembled this comprehensive look into the leading conferencing software platforms, all capable of providing high-quality video and fullfeatured collaboration tools. While many of these video conferencing platforms also offer live streaming and webinar capabilities, the focus here is primarily on virtual meetings for court and for clients.

Zoom solidified its status as one of the leaders in the video conferencing industry because of clarity, reliability, and ease of use. Yes, there have been privacy concerns, but the risk vs. benefit have been reliable. Zoom has conferencing flexibility allowing simple 1:1 meetings or large group calls. It’s my understanding that up to 1,000 participants (with many using high definition without interrupting the bandwidth feed) can simultaneously enjoy it. Its document sharing feature is simple and great to use. Also, I personally enjoy being able to choose my own background, especially if I am at home working or in a place like Starbucks. I do find that the connection with Bluetooth headphones (I use AirPods Pro) has trouble connecting if you don’t connect prior to starting the video.

FEATURES: Also setting the meeting invitations integrates smoothly with popular calendaring systems. Its free (we love that word...free) tier allows unlimited 1:1 meetings but limits group sessions to 40 minutes and 100 participants. Paid plans start at $15 per month per host and scale up to full-featured Business and Enterprise plans. The courts, judges, lay witnesses, clerks, homebased workers, and anyone can easily enjoy this system.

Microsoft Teams is essentially a successor to Skype for Business. Personally, I loved Skype for Business. Skype for Business was the original favorite in Western District of Tennessee federal court, however they are uniformly switched now to Teams. Teams has great features; however I don’t personally find the interface and layout intuitive or user friendly for everyone – especially

the public or lay witnesses that may need to join on your call or court hearing.

Teams is a direct feature of Microsoft 365. In that culture of usage: (Businesses and educational school districts) it accomplishes the purposes necessary. Anyone can sign up for the free version of Microsoft Teams using a personal email address.

FEATURES: Document collaboration using online Office web apps; 300 meeting participants, with guest access; 1:1 and group video and audio calls; shared files and what has increasingly become important - screen sharing, and document collaboration. For this, one would use online Office web apps.

It gives access to the most important collaborative tools video conferencing offers. Among the key features are the integration of Microsoft Office applications, meeting notes, webinar recordings, polls and surveys, screen sharing, and whiteboards.

UNFORTUNATELY, Skype for Business has begun transition into Microsoft Teams as a unified collaboration suite. Sometimes, good things should be left alone.

A great user interface is essential. I like this one. It’s reliable and rarely drops calls. Both Zoom and GoToMeeting offer simple and user friendly user interfaces. Call buttons are clearly marked and placed in spots that make sense. The only thing people may not like is that you have to download software prior to use. But anyway, GoToMeeting’s conferencing solution is consistent across platforms and integrates with calendar solutions and platforms from Office 365. Unfortunately, like Teams, the general public involved in your hearing or meeting may not have enough familiarity to navigate it quickly.

FEATURES: HD video, screen sharing, web audio, unlimited meetings, dial-in conference line, no meeting time limits, business messaging, personal meeting rooms, meeting locks, mobile apps, mobile commuter mode, call me and dial-out options, and 24/7 support. It also offers integrations with Office 365, Google Calendar and Salesforce.

This option has been around a long time. It supports up to 50 participants per meeting, with meeting times capped at 40 minutes and online storage limited to 1 GB. The free conferencing plan allows up to three users. Quality is excellent on international calls.

FEATURES: HD video, screen sharing across devices and it has limited recording options. It supports up to 50 participants per meeting (but capped at 40 minutes and online storage limited to 1 GB).

All in all, the ease of use is an important feature, but with increasing usage in court and in mediations, I have discovered that the “break out rooms” feature is important for a sidebar with a client or between lawyers. Other important features to examine are: 1. Cost 2. Interface and layout ease / intuitive usage 3. Quality of sound 4. Reliability / not dropping calls 5. Recording ability 6. Screen sharing for video and documents (EVIDENCE MUST BE EASY TO VIEW) 7. After screen sharing, accessibility of the participants to do screen sharing without hosting 8. Chat room ability, both private and public 9. Invest in Bluetooth headphones. Ease of mobility is important for people who like to stand up during arguments. I love the AirPods Pro by Apple. 10. Also, get a USB Video Camera to allow you to move around the video positioning without setting a laptop awkwardly in an unstable spot. Prices vary and so do features. Some have built in microphones, but unless you buy an expensive one, I do not recommend using the audio. 

Taurus Bailey is an attorney with the Walter Bailey Law Firm. His experience includes extensive knowledge in Federal, State, Civil, Criminal, Family, Personal Injury and Domestic Law. He is recognized for coordinating and leading seminars in taking action on technology advancements, case strategy, presenting evidence, writing legal briefs and making oral arguments for hundreds of cases.