PROFESSIONALISM CORNER
Professionalism in the Zoom Era and Return to In-Person Jury Trials “ All rise . Virtual Court is Now in Session .”
KARA ROCKENBACH LINK
In our new and developing virtual era , Court Zoom is here to stay even as our Chief Judge Krista Marx just successfully seated our first post-Covid Grand Jury on October 14 , 2020 . We all welcome with great excitement the cautious return to two to three day in-person jury trials ( criminal and civil divisions ) in October and November ( October 27 , November 4 , and November 17 ). We are grateful for the service and dedication of Judges August Bonavita Cheryl Caracuzzo , John Kastrenakes , Glenn Kelley , Joseph Marx , and Daliah Weiss , who will preside over these upcoming jury trials . While our Chief Judge and circuit bench blaze a cautious and protective path back toward an in-person functioning judicial system , many judges and lawyers agree that we undoubtedly will continue to straddle both worlds of virtual and inperson court for quite some time .
What does this mean for professionalism ? This means we must continue to adhere to the Professionalism Expectations and local Standards of Professionalism and Civility whether our courtroom is virtual or physical . Indeed , “[ w ] hen lawyers display reverence for the law , the judicial system , and the legal profession by acting with respect , decorum , and courtesy , they earn the trust of the public and help to preserve faith in the operation of a fair judicial system .” 1
The words “ Court is now in session ” should be a trigger for all attorneys to recognize the tremendous impact of what happens next . Here are some practical examples of donning your professional “ courtroom persona ” for the virtual courtroom :
• Once we enter the courtroom , I am no longer “ Kara ,” but Ms . Rockenbach Link or Ms . Link for short when referring to counsel by name . 2 Last names are required .
• While in court , a lawyer should present any objections , requests , or observations to the judge , not to opposing counsel . 3
• Your online screen name should reflect your name , not your legal assistant ’ s name . This is courteous for the judge and helpful for order and efficiency . 4
• Make sure your zoom background is “ clean .” Either use a virtual background or declutter the backdrop . Your use of a virtual background helps you present your best argument , promotes formality , and allows everyone to focus on what is important . 5
Recognizing that our “ license to practice law is a privilege that gives the lawyers a special position of trust , power , and influence of our society ” will help us professionally toggle between the virtual and physical courtrooms . 6 We must “ promote the public good ” and “ foster the reputation of the legal profession while protecting our system of equal justice under the law .” Id . Simply because the platform and physical space has changed , the rules governing our behavior and privilege to pursue justice and truth have not . In fact , our profession demands our reverence for the process both virtually and in-person . We are the leaders who must “ all rise .”
Kara Rockenbach Link focuses her practice on appellate civil matters in all circuit and appellate courts of Florida . She maintains a physical office in West Palm Beach ( 561- 847-4408 ) and can always be reached at her virtual office kara @ linkrocklaw . com .
1
See Professionalism Expectation 5 . Decorum and Courtesy .
2
“ A lawyer should refer to all parties , witnesses , and other counsel by their last names during legal proceedings .” See Professionalism Expectation 5.4 .
3
“ A lawyer should address objections , requests , and observations to the judge .” See Professionalism Expectation 5.9 .
4
“ A lawyer should be fully prepared when appearing in court or at hearings .” See Professionalism Expectation 4.13 .
5
“ A lawyer must always behave in a courteous and formal manner in hearings , depositions , and trials ….” See Professionalism Expectation 5.3 .
6
See Professionalism Expectation 1 .
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