By Leo Sokolov, Divorce and Family Law Attorney

“I’m here live. I’m not a cat.” Many of us recall this moment in February of 2021 when a district court in Texas published a video of an attorney who signed into Zoom for a hearing with a kitten face filter … that he just couldn’t get rid of.

While the video went viral and gave people a good laugh during a difficult time, it’s also a great reminder of how to properly prepare for a court appearance via Zoom.

Like many industries and workplaces, virtual appointments are now a standard part of legal proceedings. They are convenient, efficient and more economical for all parties involved. Here in Illinois, in-person vs. virtual appearances vary county by county, and judge by judge. Most courthouses use Zoom for simple status updates. And while some judges may require—or grant the request for—an in-person appearance, many cases can be handled virtually. In fact, depending on the case and circumstances, Zoom can be used for depositions, testimonies, four-way settlement conferences, negotiations,  one-on-one conversations with attorneys, and various other matters.

If you’re going through a divorce and preparing for an appearance via Zoom, here’s what you should know.

1. Conduct a Test Run

Not everyone is a Zoom pro, and that’s OK! No matter your comfort level, it’s important to download Zoom in advance, log in and test some functions.

• Camera: Confirm your camera is working and practice turning it on and off. If possible, choose a quiet place with a decluttered background for your appearance.
• Audio: Make sure you can hear and be heard. Practice how to turn your mic on and off.
• Filters: Turn off all filters! After all, we don’t want the words “I’m not a cat” to become part of your own story.
• Name: If you don’t regularly use Zoom, your display name might not reflect your full name. If you share a computer, it could be the name of someone else. Or it could default to a sequence of letters and numbers. During your test run, you can change your display name to your full name.
• Updates: It’s not uncommon for Zoom to update. This can take a few minutes, so log in at least 20 minutes before your appearance to run any updates.

2. Dress Code and Etiquette

Appearing for court via Zoom is the same as appearing for court in person. The judge and anyone else present can see you. I recommend you put your best foot forward and follow these do’s and don’ts:

• Do: Always dress formally by wearing a dress shirt and/or tie. Some judges require a dress code. You can find this out in advance.
• Do: Find a quiet place indoors and ensure your display name is updated appropriately.
• Don’t: Wear a hat, drink a beverage onscreen or speak out of turn.

3. What happens if I lose connection?

Judges are humans, too. They understand these things happen. If you’re in the middle of a testimony or your presence is required on the call, then do your best to reconnect. Having an attorney in this situation is helpful, as they will let the judge know that their client is having technical difficulties. In a rare circumstance where you are unable to reconnect, your attorney will ask for the appearance to be rescheduled. A judge may reschedule it as in-person to ensure you don’t run into the same issue.

If you lose connection during a call that doesn’t require your attendance, such as a status update with your attorney, then your attorney can finish the call and fill you in later.

4. Is my attendance optional?

If you’ve been asked to testify, attend a pre-trial, or other substantive hearing via Zoom, or you’re representing yourself, then your attendance is required.

If you have an attorney who can manage the Zoom meeting and represent you, your attendance is often optional. Attorneys may have different preferences as to whether their clients should attend optional appearances—they will let you know. In most circumstances, I invite my clients to attend and listen, so that they know exactly what is going on in their case.

5. Are Zoom hearings recorded?

No. If you want a record of a Zoom hearing, you must request a court reporter to attend, just like you would if you were attending court in person.

A lot of personal things are said in some of these court appearances, including sensitive conversations about children, mental health, and physical health. In some circumstances, a judge will bring the parties and attorneys into a separate break-out room for privacy. Most courts have warnings about not recording proceedings.

6. Will my child be required to attend a Zoom hearing?

Very, very rarely. In the rare circumstance that a judge decides to speak with a child, the judge will most likely prefer to conduct such a meeting in person. The goal is for children to feel comfortable and to have the space and time to adjust to what may feel like a scary conversation.

Helping You Prepare, One Step at a Time

If you’re just starting to think about divorce, there’s no way of knowing if your situation will require Zoom meetings, in-person hearings, or both, and, if so, how many there will be. But one thing is for certain: When you trust me to lead your case, I will prepare you every step of the way and always be by your side to support you.

I welcome the chance to meet with you at our new office at the Davis Center in Evanston, or at our offices in Chicago, Lake Forest or Oak Brook. Start by requesting a free consultation or calling (847) 868-9584.

Schedule time with Leo