Picture this: I’m presiding over a summary judgment hearing, and counsel is attempting to walk me through crucial evidence while appearing by audio only. As counsel references “Exhibit A” and “the document on page 147,” I find myself playing an unwelcome game of hide-and-go-seek, trying to decipher the correct document being discussed while staring at thousands of electronically filed exhibits. What should have been a straightforward legal argument became an exercise in frustration for everyone involved. The attorney’s well-prepared case suffered not from poor legal reasoning, but from poor presentation choices.
On the flip side, I once had a young attorney appear in person for a routine hearing. At check-in, my courtroom assistant requested “two cards,” so the attorney confidently handed over his credit cards instead of business cards. The mortification on his face was quickly met with the assistant’s gracious humor. While the attorney was initially embarrassed, we all recognized something important: better to make these small, human mistakes during minor hearings than to stumble when the stakes are truly high. His willingness to appear in person, despite the minor mishap, demonstrated professionalism, provided him valuable experience, and allowed us all to share a moment that actually built rapport rather than destroyed it.
Here’s the thing many attorneys miss: appearing in person or by video isn’t just a procedural imperative—it’s an opportunity. It’s your chance to establish credibility, build rapport, and yes, to let me get to know you as more than just a voice on the phone. But it’s equally your opportunity to get to know the judge, to gauge his or her reactions, to read the room, and to pick up on the subtle cues that can inform your strategy. When you appear by audio only, you’re not just making the judge’s job harder; you’re robbing yourself of valuable intelligence about how your arguments are landing. Body language, facial expressions, and that indefinable sense of connection that comes from human presence—these aren’t luxuries in legal practice, they’re critical tools. Don’t waste the opportunity to use them.