President's Message - Virtual Hearing Etiquette

11/05/2021

The rapid adoption of virtual hearings by the Bar is to be commended. However, care needs to be taken to ensure that the same high standards of professionalism that apply in a real court room are applied to the virtual. Merely because members are conducting a hearing from the informal environment of the home, or from chambers, does not mean that informality can make its way into the conduct of the virtual hearing. For example, you would not take a cup of tea with you into court, so don’t have one with you on screen in Teams.

Of course, there are unavoidable differences, particularly working from home. The occasional distraction from house members, children and even pets are tolerated by the Court. That being acknowledged, particular care needs to be taken to minimise those distractions.

Possibly most important is the integrity of the taking of evidence online. Wherever possible, witnesses should be in separate rooms by themselves. A witness should not be in a situation where they are able to receive outside assistance.

Ultimately, common sense must prevail. If you would not do something in Court, you must continue to make all reasonable efforts to ensure that you do not do that in the virtual Court room.

In 2020 the Association finalised a Protocol for Remote Hearings for the benefit of its members and the courts which received the endorsement of the Chief Justice of NSW. The protocol can be found here.