Remote testimony is here to stay, and many of our guests on Engaging Experts report that virtual appearances are becoming as common—or even more common—than traditional courtroom appearances. Whether in-person or in front of a camera, presenting yourself professionally is crucial, and we have some tips to ensure you look your best, even when you’re 3,000 miles away from the courtroom.
The court may not be patient with experts who have drop-outs and hitches throughout the call, so a speedy, secure, and reliable connection is key. When your connection is poor, videoconferencing software compensates by reducing the framerate and resolution, leading to an unprofessional “90s webcam” aesthetic. Plugging your PC directly into your router or modem is best, but your home Wi-Fi will suffice if you have a strong signal with plenty of bandwidth. Test your connection in advance, using the same software that you will use to make your appearance.
This may be complicated while traveling. If you must conference in from a hotel, make sure that you are on a secure connection, not public Wi-Fi, and that you’ve pre-vetted the connection quality and speed. If this is a common occurrence for you, consider a secure travel router. These devices create a private, encrypted network that you can connect each of your devices to while featuring firewalls and VPN clients.
A laptop or desktop computer is superior for videoconferencing compared with using tablet or smartphone apps. While many phones have high quality rear cameras, the front-facing camera you would use for a video call is the least capable of the bunch. Moreover, the small screen size limits the distance you can comfortably sit from the device while still seeing the participants and accessing the controls.
Not all cameras are alike. Some laptops’ built-in cameras are of a decent quality, but can be difficult to set at a pleasing eye-level vantage point. If your expert career requires frequent on-camera appearances, consider a standalone camera. These can be set up on monitors (which are typically around eye level) or on separate stands. The New York Times’ Wirecutter website is a great source for independent up-to-date hardware reviews, and a great starting point when selecting a webcam. In general, you’re looking for a device with 1080p or better resolution, and fast autofocus. Motion tracking and other advanced features are less relevant to most expert witnesses, although in cases where you use on-camera demonstratives, they may be useful to keep everything in-frame. Expect a quality webcam to cost in the range of $70-$200, depending on the feature set.
Alternatively, some smartphones can act as high-quality USB or wifi webcams with minimal software, but they are larger and more cumbersome to set up than purpose-built webcams. If you own a previous-generation phone that you are no longer using, this may be a viable option.
When placing your webcam, consider eye contact. Ideally, the camera should be directly ahead of your eyes, but this isn’t always practical. It is better to have the camera higher than eye level, rather than lower if you need to choose, such as a typical setup with a monitor mount. Sit up and raise your chair to get your eyes as straight on as reasonably possible.
Eye contact is more difficult, as you cannot simultaneously look at the camera and the screen. To solve this problem, move the object you’re looking at—whether it’s a document, or a window with the person addressing you—as close as possible to the top of the screen, or wherever the camera is placed. This way, you can easily and naturally shift your gaze from the camera lens to your screen. Alternatively, there are specialty cameras and stands that physically hold the camera at the center of your monitor or laptop screen. Software such as Nvidia Studio uses AI to convincingly render eye contact no matter where you are looking in popular videoconferencing applications, but be cautious as this can be extremely processor intensive, and cause compatibility issues. If you choose to go this route, make sure to test beforehand.
Most videoconferencing software includes automatic color, brightness, and white balance correction. Nevertheless, you can maximize your visual appeal by eliminating any harsh light sources—especially those which reflect off glasses or jewelry. If you prefer to manually adjust your parameters, go for a warmer light, but be leery of it changing your skin tone; you don’t want to appear sunburnt due to color balance. If your workspace has poor lighting, even with automatic correction, consider purchasing an inexpensive softbox which evenly supplies light to a large area, and helps eliminate distracting shadows and reflections. Softboxes can be purchased as covers for existing lights, or combination units with the lamp built in.
While “Zoom” has become shorthand for videoconferencing, courts use a wide range of telepresence software. Microsoft Teams, Webex Meetings, and Google Meet are used by some courts, and proprietary software like Pexip, BEINCOURT, and Zoho Meetings have purpose-built legal proceedings conferencing modules. Ask your attorney what application will be used, and take a test run if possible. Close any software that you are not using for the appearance to free up memory and CPU cycles.
Sometimes, there is an installable and a web-based version. The installable version is usually the most feature-rich and efficient, but try both when possible. Keep your operating system, camera software and firmware, and teleconferencing applications up-to-date. Re-test after installing any updates.
Most telepresence software has the built-in ability to swap your background for an image, an animation, or to simply blur your background. Each court has their own virtual background policy, and some do not permit any whatsoever. For this reason, it is best to ensure that your workspace is tidy, professional, and not distracting. Banish your pets and family with a “do not disturb” door hanger. Take a moment to look at yourself on camera, noting the background elements. Make any changes well in advance of your appearance. With a presentable workspace, you do not have to worry about the court policy or the specifics of your software.
Observe the same rules for demeanor that you would for any in-person matter. This applies regardless of the type of proceeding—depositions, trials, and hearings all require the same attention online as they would live. Your presentation may affect your perceived credibility, particularly to juries. Treat virtual appearances exactly as though you are in court.
Even though the court cannot see beneath the frame of the camera, mistakes happen. Cameras can fall or get knocked over by a pet. Software may still be running, even though you thought you closed it. You may have to stand for any number of reasons, so make sure you are fully presentable. The National Institute of Justice recommends:
For a deposition or court appearance, the expert witness should always appear neat and professional. Business dress and professional demeanor are important. If the expert is in law enforcement or the military, it may be appropriate to testify in uniform. Otherwise, a clean, freshly pressed conservative business suit is recommended.
Flashy jewelry or other accessories are inappropriate for testimony appearances. These personal style items are not recommended, as these may detract from the aura of professionalism and credibility that the expert seeks to project. Fingernails should be trimmed and groomed, especially if the witness plans to use demonstrative aids to assist the jury or judge during testimony. Wedding and engagement rings and wristwatches that are not flashy are fine.
The camera will capture your top third, so avoid slouching. Set your chair to a comfortable position with the camera near eye-level, and try not to fidget or look around the room, which can give the impression that you are not paying full attention. Try to maintain eye contact (look into the camera lens) when possible. Eating, drinking (except for water), smoking, and vaping should be avoided. Do not leave the screen without permission. If you plan to use physical demonstratives, be prepared to share them with the camera in a way that is not awkward or shaky. Practice this in advance, and have everything you might need at arm’s reach, including a physical copy of your expert report.
With a solid connection, a decent camera, and a professional demeanor, you will be ready to perform in court without leaving your home. Eliminate distractions and prepare your space in advance for a successful virtual engagement.
For over 30 years, Round Table Group has been connecting litigators with skilled and qualified expert witnesses. If you are interested in being considered for expert witness opportunities, contact us at 202-908-4500 for more information or sign up now!