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Masked Trials During the Pandemic: Practice Tips

In most in-person meetings or even in court, there is, initially, widespread recognition of the need for observing proper social distancing guidelines, including near-uniform use of masks. However, this awareness of social distancing can be quickly lost during emotional proceedings. Clients and counsel regularly end up forgetting about social distancing guidelines, with clients elbowing their attorneys or loudly objecting to their attorneys regarding the purported lies of their soon-to-be-ex-spouse.

For your own safety, you should maintain control of this situation.

Hearings can actually take place with the judge, court staff, and all attorneys and parties wearing masks. It is a slower process and negatively affects an attorney’s ability to approach witnesses and handle exhibits in a fluid manner.