COLUMN: You are unmuted: A guide to conduct in the virtual courtroom

I am a third-generation lawyer who has been practicing in the beautiful Columbia Basin for five years. I have had the privilege of litigating cases across the state of Washington defending organizations in civil court. I will come right out and say practicing law is nothing like “Suits.” This column is for the law enthusiast: those who are interested in the law. 

Get your best suit and your favorite beverage and let’s begin with my top three do’s and don'ts in the virtual courtroom.

At the beginning of the pandemic, the wheels of justice were forced to a screeching halt when courthouses across the country were forced to shut down. Judges, clerks and commissioners worked tirelessly to quickly and safely provide the public access to justice. 

Overnight, courtrooms expanded into living rooms, bedrooms and for a few, the bathroom. Many Courthouses adopted a method of participation through Zoom or Webex. Since 2020, courthouses across the state have kept and in some capacity expanded the availability for remote hearings. I am not here to tell you whether the shift to online appearances was good or a bad thing. 

I was trained by my mentor to uphold the tradition of formality in the courtroom conduct as sacrosanct to the profession. Much of that is lost in squares on a computer.

Four years later, the daunting mute button remains one of the greatest challenges for online appearances. With the new wave of online appearances, many challenges followed. My kids have inadvertently made court appearances, my Bernese Mountain dog has attempted to make oral argument, and my mute button has proven less than reliable 

Here are my top three Do’s and Don'ts for the online gallery: 

Do Conduct yourself at all times as if you are being seen and heard. Never assume that what you are saying or doing lacks an audience. Don’t have unnecessary conversations. More than once, I have overheard conversations some of which included disparaging remarks about opposing parties and the judge. Don't remove your clothing until after you have successfully left the courtroom. You would think this is an unnecessary reminder however, I wouldn’t be saying it if I hadn’t seen it myself. 

Do test the platform before your hearing. Before your hearing, you should familiarize yourself with the program. Don’t wait until five minutes before your hearing to make sure your microphone works. If you are not technology savvy, Do ask for assistance with a trusted loved one or family member in advance. 

Do wear pants. They are not optional. Courts have long instructed individuals not to wear tank tops or clothes with holes in them. However online court appears to have provided a false sense of security allowing people to believe that pants are not mandatory. You never know what you will be required to do during the hearing. So wear a clean shirt, bonus points if it has a collar, and pants, preferably slacks. Don’t be on camera without clothing. 

This column is for information purposes only and is not to be construed as legal advice. Please note that the attorney client privilege does not attach without a written agreement signed by both parties. 

Mary Rathbone is an attorney based in Ephrata, Wash., who is passionate about educating the public regarding civics and the courts. Any questions regarding her column or suggestions for topics may be sent to: catwalktocourtroom@gmail.com

Editor's Note: Mary Rathbone will be submitting a monthly column moving forward. With the complexity of the American judicial system, we appreciate her desire to educate readers. She is excited to bring more awareness of the justice system to the Columbia Basin and help people navigate courtroom basics and general civics.