Before 2020, Monterey County held contested hearings in person at court, with occasional telephonic appearances for conferences and other low‑interaction proceedings.
Since the COVID-19 pandemic, the rapid expansion of remote‑meeting technology has led many courtrooms to conduct proceedings both in person and via Zoom. Conferences, hearings and even trials might be held entirely online.
As local family law attorney caseloads grow, litigants search for out‑of‑town counsel, or “OOTC,” to find an available attorney.
Any attorney licensed in California may appear in any superior court in the state. With remote hearing options, litigants can hire counsel of their choice, thereby improving access to justice. Remote hearings reduce travel for attorneys and litigants. Lawyers save time, and litigants save money. Litigants can better manage work and family obligations on the day of a hearing.
When doing so, remember that, at least in family law cases, a judge decides the case—someone with personal experience, ethics and a unique perspective on California family law. Judges often have wide discretion in deciding family law issues. A lawyer’s knowledge of the judge’s history in making decisions can be invaluable in evaluating success odds and deciding strategy.
An attorney’s knowledge of specific local facts can be important to resolving litigated issues. This includes geography, custody exchange locations, banks, real estate appraisers, school districts, etc.
OOTC may not know important facts that shape how family law cases unfold, and that gap can be a weakness. Distinct local customs still influence how cases unfold. For example, local practice often determines whether and how the court sets ex parte requests for emergency orders. Local lawyers usually have this knowledge, along with knowing unwritten court procedures, such as how to reach clerks.
Family law cases often demand frequent communication and negotiation. Local attorneys may have established working relationships built on years of trust. An OOTC may need time to earn that trust.
It’s important to consider an OOTC’s travel costs for in‑person hearings, as that may be a reality. Parties and OOTC can usually appear remotely provided it’s permitted by law and the court’s requirements are met. However, a court may revoke permission for remote appearances if a party or lawyer violates the remote-technology rules. Even with full compliance, a judge may still require in‑person appearances, especially in contentious matters, multi-issue litigation cases, or trials with extensive exhibits.
If your OOTC aren’t familiar with Monterey’s local family law customs, consider investing in a local attorney’s guidance, either to consult or to retain solely to handle local procedural issues. Your OOTC might also be able to build a working relationship with a local lawyer for quick questions. That guidance can prevent costly, time‑consuming mistakes, especially when timing is critical.
Local attorneys can usually access nonconfidential filings online, whereas OOTC may lack that access, so clients can help retrieve documents themselves when necessary. Parties with an OOTC can learn to navigate the local courthouse, including where the clerk’s office is and how to obtain filed court documents like pleadings and minute orders.
Ultimately, hiring OOTC may be the best choice for a litigant, but one thing is certain: regardless of one’s ability to attend court proceedings from the other side of the world, local considerations should not be ignored.
This article is not legal advice. Contact an attorney for advice about your unique circumstances.
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