The suspension of trials, in-court appearances and the limitations on how litigation was accomplished as the result of the COVID-19 pandemic has resulted in the growth of virtual court proceedings and depositions. The saving of time and expense and the convenience to the parties, witnesses and attorneys have been beneficial. However, there has always been a concern about witnesses being coached or subject to impermissible suggestions.

It is assumed that most attorneys conduct themselves appropriately. However, when a witness is not in a courtroom in the presence of a judge or when the lawyers’ faces are not on the screen during a virtual proceeding the problems are magnified. When there are breaks in the course of the testimony of a witness there is a sensitivity that there may be subtle or even direct coaching of a witness. A transgression may be difficult to ascertain or prove and when it becomes known there is rarely a remedy.