Best Practices to Preserve the Integrity of Remote Testimony

While lawyers continue to adjust to practice during the pandemic, it is increasingly clear that certain new ways of doing things will become standard when we return to working in person. This includes remote witness testimony.

Remote practice has exposed a heightened risk of unethical behavior, including undisclosed communications between the witness and counsel mid-testimony in violation of controlling federal and Texas law. Because it is harder to uncover such misconduct in a remote setting, counsel should take necessary steps to manage these risks effectively and efficiently.