The Debut of the Hologram Witness
First we had robot lawyers and AI-generated documents; now we have hologram witnesses.
A brave new world, indeed.
This year’s mock trial competition at William & Mary Law School featured full-size hologram witnesses whose “live” courtroom testimony was presented by way of an Epic hologram projector. The Epic device is a standalone cabinet the size of a phone booth lined with LEDS that display dimensional sound and images.
Here are reactions from Judge John Gibney Jr. of the Eastern District of Virginia, who presided over the competition.
“Judge Gibney expressed his positive impressions, stating that the improved definition in the holographic image provided viewers with a better chance to evaluate witness credibility,” according to JD Journal. “He further emphasized that witnessing hologram witnesses was a superior experience compared to seeing witnesses through a traditional video screen. However, he did note that it still fell short of the impact of having witnesses physically present in the courtroom.”
Even so, it will likely be some time, if ever, before hologram witnesses become a reality. Among the drawbacks: expense, logistics, and system requirements. There is also a constitutional question as to whether holographic testimony would violate an individual’s right to confront one’s accusers.
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NC Rule of Professional Conduct 3.4: Fairness to Opposing Party and Counsel
A lawyer shall not:
(a) unlawfully obstruct another party's access to evidence or unlawfully alter, destroy or conceal a document or other material having potential evidentiary value. A lawyer shall not counsel or assist another person to do any such act;
(b) falsify evidence, counsel or assist a witness to testify falsely, counsel or assist a witness to hide or leave the jurisdiction for the purpose of being unavailable as a witness, or offer an inducement to a witness that is prohibited by law;
(c) knowingly disobey or advise a client or any other person to disobey an obligation under the rules of a tribunal, except a lawyer acting in good faith may take appropriate steps to test the validity of such an obligation;
(d) in pretrial procedure,
(1) make a frivolous discovery request,
(2) fail to make a reasonably diligent effort to comply with a legally proper discovery request by an opposing party, or
(3) fail to disclose evidence or information that the lawyer knew, or reasonably should have known, was subject to disclosure under applicable law, rules of procedure or evidence, or court opinions;
(e) in trial, allude to any matter that the lawyer does not reasonably believe is relevant or that will not be supported by admissible evidence, assert personal knowledge of facts in issue except when testifying as a witness, ask an irrelevant question that is intended to degrade a witness, or state a personal opinion as to the justness of a cause, the credibility of a witness, the culpability of a civil litigant, or the guilt or innocence of an accused; or
(f) request a person other than a client to refrain from voluntarily giving relevant information to another party unless:
(1) the person is a relative or a managerial employee or other agent of a client; and
(2) the lawyer reasonably believes that the person's interests will not be adversely affected by refraining from giving such information.
SOURCES: Hologram Witnesses Make Their Debut in Mock Trial | JDJournal
Fairness to Opposing Party and Counsel | North Carolina State Bar (ncbar.gov)
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