FALL 202 0 TODAY’S GENER AL COUNSEL
WORKPLACE ISSUES
Remote Litigation Is Here to Stay By Helene Wasserman
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he year 2020 will be remembered as one of the most challenging ever for business. Who could have imagined businesses closing physical office spaces and opening remote operations with the flip of a switch? But the show must go on. Just as business moved from the boardroom to the computer monitor, so has litigation moved from the conference or court room to webcams on home computers. Necessity is the mother of invention. The invention in this situation is the entirely new skill set we have developed to handle litigation remotely. Since closing physical doors and opening remote ones in March, Littler’s 1,500 lawyers worldwide have represented clients in hundreds of remote proceedings, including depositions and mediations. We have marshaled experiences to develop recommendations for assisting attorneys, clients and witnesses in how to survive and thrive. With respect to all virtual proceedings, you need to know your technology. Platforms such as WebEx and Zoom are being used in new ways. Before any virtual proceeding, it is vital to understand how the platform is being used, and even to request a trial run to ensure that you are comfortable with all aspects of the technology. Be sure you understand the
Helene Wasserman is a shareholder with Littler Mendelson and co-chair of the firm’s Litigation and Trials practice group. She has been active in a firm-wide initiative to smooth clients’ transitions to virtual litigation proceedings. hwasserman@littler.com
basics: How much bandwidth do you have? How strong is your internet connection? Do you have sufficient redundancy of internet and phone service? Video proceedings require other considerations. Is your webcam part of your laptop, or is it a separate USB connection? You want to look people in the eye, which means that you need to know where your camera is, and that may not be where you “see” the people you are speaking with. Gallery view or speaker view is another consideration when there are multiple speakers involved. Is your background neat and
professional? Does it distract the participants? Attire is important. Dress for the proceeding as though it were taking place in person. Virtual depositions — where all parties, counsel, and reporters are in different locations — raise additional considerations that do not exist when depositions are in person. For example, it is important to determine early on how exhibits will be shown to the witness. In cases where there are no “smoking gun” exhibits, experience has shown that sharing exhibits in advance can make for a smoother deposition.
