PBCBA BAR BULLETINS JULY | AUGUST 2020 | Page 19

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