Some experts believe that the COVID-19 pandemic is behind us as the numbers of vaccinated people increases and cases wane. But even if we believe COVID-19 is in the rearview mirror, the impact on how we practice law is enduring. As so many of us adapted to remote work and virtual proceedings, there is likely to be a resistance to returning full bore to in person proceedings. The cost savings and easy access of remote arbitrations are enticing to clients, counsel, and neutrals. As long as the remote option remains, participants need skills to perform as effectively on screen as they would in person. This article offers strategies on how to prepare clients and be most effective in virtual proceedings.

A Historical Perspective

Over the course of my four decades practicing law, I have experienced firsthand the monumental and unexpected changes in the industry. In the early 1980s, lawyers did not have computers, cell phones, tablets, or voice mail. I remember the pink message slips on yellow legal pads, sticky notes tagged on documents as responsive, privileged, etc. and spending countless hours wading through endless stacks of documents in conference rooms and warehouses. I practically moved into my firm library camped out behind a mountain of casebooks researching for hours. Nearly 40 years later, I spend much of my workday at home with a laptop preparing for and participating in litigation and alternate dispute proceedings, all the while interacting with colleagues, opposing counsel, witnesses, experts, court reporters, and judicial officers virtually with the click of a button. In recent times, many of those hours have been serving as an arbitrator in high stakes, complex matters. Observing counsel navigate the virtual experience, I commend them for their creativity, flexibility, and civility under pressure. I learned valuable lessons working with many skilled practitioners and share valuable pointers below for others participating in virtual arbitration.