Litigation
Cal. Litig. 2023, Volume 35, Issue 3
Content
- California's Commitment To Wage Transparency Comes At a Cost To Employers
- Disclosure of Litigation Funding Arrangements: Much Ado About Nothing
- Don't Let Your Client's Bequest Be a Lawsuit
- Editor's Foreword
- Fraud As Hyperreality
- From the Section Chair
- Governmental Entity Litigation: the Mirror Dimension
- New Federal Legislation Raises Dueling Experts: What Olean Might Mean For the Future of Class Certification In the Ninth Circuit
- PAST SECTION CHAIRS & EDITORS-IN-CHIEF
- Q & A WITH JUDGE VINCE CHHABRIA OF THE NORTHERN DISTRICT OF CALIFORNIA
- SECTION OFFICERS & EDITORIAL BOARD
- Smashing Statues: the Rise and Fall of America's Public Monuments
- Table of Contents
- The California Supreme Court In Judicial Year 2021-2022: Emerging From the Pandemic
- The Hastings College of the Law Name Change: the Real Deal About the Bad and the Ugly
- The Supreme Court's Five Arbitration Decisions
- Working: Conversations With Essential Workers
- Confessions From An Electronic Platform 2022: Appellate Argument
CONFESSIONS FROM AN ELECTRONIC PLATFORM 2022: APPELLATE ARGUMENT
Written by Justice Eileen C. Moore*
Just because one can argue an appeal electronically doesn’t mean one should. The wiser option may be to appear in person and make the argument.
WHEN THERE ARE NO TECHNICAL PROBLEMS
Even when an electronic argument proceeds as planned and no one forgets to unmute, there’s something lacking. I think it’s that we are so used to following arguments by both listening and watching people’s lips move as well as observing body language. But with the screens, either we can’t see counsel’s lips that well or counsel can’t see ours when we ask a question. Thus, a justice might ask a question and counsel looks around to figure out what just happened. Often the question has to be repeated. Repeating a question is, of course, not a problem, but I have noticed that we tend to ask fewer questions during electronic arguments. It’s probably so we don’t take counsel’s argument off course.