HIGHLIGHT CORNER
KRISTIN VIVO, ESQ.
Business From the Waist Up, Party From the
Waist Down. Are Zoom Trials Here to Stay? If So
How Do You Try a Case via Zoom?
With comments by Mark R. Osherow, Esq.
and Kristin Vivo, Esq.
We have all seen the memes and heard
the jokes about individuals standing up
revealing to all that they are not wearing
pants during Zoom calls. Be forewarned,
as hilarious and as silly as this may seem,
it is not that hard to do. Thankfully, prior
to participating with co-counsel, Mark
Osherow in a non-jury trial via Zoom over
six days, before the Circuit Civil Division
in Miami-Dade County, we had several
hearings to practice our Zoom (and pants
wearing) skills. As I learned through trial
and error, the camera feature on Zoom does
not turn off when you are not speaking. It
was only until after my third hearing that
I discovered that I had to click the “Stop
Video” feature in order for the camera to be
turned off.
After making my arguments during a Special
Set hearing, and upon commencement
of opposing counsel’s argument, I stood up
(revealing my pineapple-print shorts), took
off my suit jacket, and let my dog jump in
my lap where he remained for the rest of
the hearing. It was only after the hearing
that Mark advised me of my mistake, which
he found so hilarious that he made a comment
about needing his emotional support
animal during the hearing, which no one
seemed to notice. Graciously the Court and
opposing counsel did not mention anything
about my indiscretions; I will assume
they were not viewing the hearing using
the Gallery View function; I will certainly
not make that same mistake twice. I highly
recommend muting your microphone
whenever you are not speaking, in addition
to stopping the video.
Kristin Vivo, the founder of The Law Offices
of Kristin Vivo, focuses her practice on
the representation of individuals and
corporations throughout the world. She
is active with the Palm Beach County Bar
Association, where she currently serves
as Chair of the Palm Beach Association
Transaction Law Committee. She is also
a member of the Florida Association of
Women Lawyers (FAWL), Florida Bar Animal
Law Section, and Florida Bar International
Law Section. When Vivo is not actively
practicing law, she is practicing and/or
teaching yoga.
PBCBA BAR BULLETIN
19