Month: January 2019

They say that disappointment occurs when reality fails to
meet one’s expectations. As court reporters, fully meeting each client’s
expectations is a high priority and an area in which we’re practically
perfect. Sometimes, though, attorneys make requests or seem to have
expectations that either aren’t in line with our Code of Ethics or the laws of
nature.

What should
attorneys reasonably expect from their court reporter?

1. Professionalism.
These days, it seems that expecting professional and dignified behavior in the
workplace is an antiquated notion. As court reporters, we reject that notion.
We believe that professionalism goes beyond ensuring that we have courteous,
dignified interactions with every attorney and witness we encounter. A true
professional court reporter keeps abreast of changes in the profession, keeps
their skills sharp, and is constantly looking for ways to innovate and provide
more value to their clients. If what you receive from your court reporter in
terms of services hasn’t changed in 10 or 15 years, it might be time to find a
different court reporter.

At a bare minimum, attorneys should expect their court
reporter to dress and act professionally and to provide an accurate, verbatim
transcript of the proceedings, delivered on time.

2. Attention to
Detail.It is helpful for attorneys to provide court reporters with copies
of motions filed in the case from which they can gather the proper spelling of
names, places, and technical terminology, or to ask the witness to spell out
names during the deposition. Regardless, it is the court reporter’s duty to
ensure they have the proper spellings even if that means scouring exhibits,
searching online, asking the attorneys or witness during a break, or even
calling the attorney or witness after the deposition (which is very rare, but
has happened).

3. Commitment to
Ethics. All court reporters are bound by a Code of Ethics promulgated by
their professional association*. Court reporters in many states are legally
bound to a Code of Professional Standards set out by a state licensing board.

Professional codes vary slightly by jurisdiction but all
require court reporters to: maintain impartiality and avoid the appearance of
partiality, disclose potential conflicts of interest to all parties, maintain
confidentiality of the proceedings (including what is contained in exhibits),
and prepare an accurate, verbatim transcript of the proceedings in a timely
manner.

There are a few
things attorneys shouldn’t expect, such as:

1. Bias for or
against a particular attorney or litigant. Above all else, court reporters
must be impartial guardians of the record. As part of treating all parties
equally, court reporters shouldn’t offer special services to one side and not
the other. They shouldn’t speak poorly of any witness or attorney they
encounter. They shouldn’t appear to be chummy with one side or another,
especially in a courtroom situation.

2. An assessment of
the case. Court reporters should not offer an assessment of your case or
the opposition’s case or the witness’ performance and are placed in an
awkward situation when attorneys ask. Most court reporters have developed
diplomatic answers to those questions, though, as a survival mechanism.

3. The ability to do 10
things at once. We can easily do two or three things at once (and do at
every deposition or court hearing). Some attorneys, however, expect that the
court reporter can just have a “working lunch” with them. We have yet
to find a court reporter who can use one hand to put a sandwich in her mouth
while using the other hand to keep up with an attorney and witness who are
speaking between 150 and 200 words a minute, take notes on spellings, mark
exhibits, and do readbacks.

4. Magic. We
understand that sometimes attorneys have tunnel vision while they’re in a
deposition, especially if it’s a late-night deposition with a trial looming,
and can make requests that defy the laws of nature without realizing it.
Unfortunately, court reporters cannot bend the time-space continuum… yet.

For example, if an all-day deposition is taken in a remote
location and ends late at night, it is probably not humanly possible for the
attorney to receive a final, certified transcript on their desk the next
morning unless they’ve arranged for an overnight expedite ahead of time. If the
reporter knows ahead of time they will be prepared to upload audio and data
files to the office at each break so the office staff can start production
work. If the attorney waits until the end of the deposition the reporter will have
to either stay at the location, likely for hours, while audio and data files
upload, or make the trek home and then do the upload. It’s also possible that
the reporter will be unable to reach anyone from the office, if it’s late at
night, to alert them to the expedite status. (Yes, this has happened to us.)

At Legal Media Experts we are dedicated to providing
professional, accurate, and timely service to our clients, and to fulfilling
every special request humanly possible. To schedule your next  deposition, use our online tool or call 800-446-1387.

 

*There are three national court reporting associations (National
Verbatim Reporters Association, National
Court Reporters Association, and American Association of Electronic
Reporters and Transcribers), each of which has its own Code of Ethics.