My notes from participating in two days of zoom oral arguments (these are meant as ideas - I'm not the pope of zoom oral arguments)
1) Attend whatever practice or rehearsal the Court offers. In both cases, I found it very useful to work on my volume and background with staff.
1) Attend whatever practice or rehearsal the Court offers. In both cases, I found it very useful to work on my volume and background with staff.
2) It's very important to be attentive to a judge wanting to speak. You don't have the normal cues - like the slight lean forward - so keep an eye on the judges and listen hard.
If you don't, you end up speaking over a judge. That is not good.
If you don't, you end up speaking over a judge. That is not good.
3) Practice not moving your head around too much. I think it's distracting. Relatedly, I moved too much sometimes even though in the several Zoom CLEs I've given, I was good about staying still.
4) Having now watched both styles, I think sitting at your desk - only your chest and head visible - is better than standing at a podium. I initially thought I'd think the opposite, but it turns out to be awkward.
5) You can tape notes and cheats to your screen and that is somewhat better than looking down (I think). This might be a close call, but it seems to me that there's all this real estate right in front of you can that be used.
6) You have to work hard to keep your voice loud and clear, especially if you are not using a headset. The normal problem of your voice dropping off is worse on Zoom than in person.
7) Humor seems to translate worse on Zoom than in person. To be clear, humor is usually bad, but it seems to me the little grace note of humor you might throw in with judges you are comfortable with should be removed.
8) If your face is on screen during your friend on the other side's oral argument, be aware that your expression are more visible this way than in normal arguments. I caught myself frowning a couple of times, even though my discipline on maintaining a poker face is quite good.
9) Slow down!
10) Clear your desk except for your notes in arguments. Especially - remove your phone from anywhere nearby. It's like a beating heart of distractions, especially during your opponent's argument - you need to be as focused as you are normally.
11) Don't think that just because you have your computer, that you can refer to extensive written notes on screen. I prepared and presented the same way I do normally - a small binder, a very tight outline, and some notes available if I forgot something.
That's it for now. If I think of anything else I will add to this thread later.
12) watch other Zoom oral arguments before yours, preferably those with the same panel or at least some of the same judges.
