As the world has grappled with the effects of COVID-19 and adjusted to the “new normal” for the past two years, litigators have had their worlds halted and then promptly turned upside down. Although society has gradually moved towards a more online world, COVID-19 set that move into overdrive, creating the need for lawyers to learn how to litigate in court virtually – an unprecedented thought. Both experienced and new lawyers had to deal with an entirely new way of practicing, and no one knew how to do it, making all litigators very wise according to Socrates.
As we have settled into this “new normal,” trends have emerged that allow for a comparison between in-person and virtual litigating – including in-person versus virtual jury trials, hearings, depositions, etc. This article outlines the successes and pitfalls of virtual versus in-person litigating and practical tips for moving forward in the “new virtual normal.”