Month: June 2019
Safety as a Court Reporter
Out of all of the professions related to the legal field, court reporting has a low rate of workplace violence. Due to the nature of the proceedings – divorce cases, domestic violence, serious criminal charges, and potentially life-altering civil judgments – tempers can flare and violence breaks out from time to time in both courtrooms and deposition suites.
During a May 1, 2019 deposition in Winter Park, Florida, Gordon James King, 58, a former Orange County Sheriff’s Deputy, allegedly stabbed his ex-wife’s divorce attorney during a deposition. King, upset about a no-contact order that had been issued against him after he broke into his ex-wife’s car in May 2018, began yelling during the deposition. At that time, his ex-wife’s attorney announced that he was canceling the deposition and a fight broke out.
According to Click Orlando:
King pushed aside his own lawyer and made his way to the victim, yelling: “What are you going to do now you fat little [expletive]?”
King allegedly punched the lawyer in the head and chest. After someone yelled that 911 had been called, King allegedly slammed the lawyer’s head in to the table and yelled: “I’m going to kill you right now, you fat little [expletive].”
At that point, the lawyer took a knife out of his pocket and tried to slash King’s arm. King gained control of the knife, allegedly slashing the lawyer’s hand as the victim tried to block the knife. King allegedly stabbed the lawyer twice in his left side, saying: “I’m killing you.”
“I think you already have,” the lawyer said. King stopped attacking the lawyer at that point. Police said when they arrived the victim was in a blood-soaked chair, attempting to applying pressure to his wounds, while King, who was also stabbed, was in the parking lot.
Police charged King with aggravated battery with a deadly weapon, false imprisonment, and tampering with a victim, according to a press release from the Winter Park Police Department.
The lawyer had a collapsed left lung, a punctured diaphragm and a cut to his hand.
King’s attorneys and the court reporter were able to flee the room and were unharmed. The court reporter, who had been trained to leave the backup audio recorder running in such a situation, captured audio of the altercation, which will surely help prosecutors.
Although cases in which weapons are used against attorneys, court reporters, and judges are rare, there are a few steps court reporters can and should take to protect themselves against possible violence between the parties or attorneys.
• Pay attention to the type of case you are reporting. Domestic violence and family law cases have the highest potential for physical conflict.
• If possible, seat yourself where you can quickly exit the conference room and make sure there are no cords or other obstacles in your way.
• Keep any sharp objects like scissors or letter-openers off of the table.
• If possible, seat yourself where you are not in arm’s reach of any deposition participant.
• If you are working in a courtroom, ask the bailiffs and the judge what the procedure is if a criminal defendant gains access to a weapon or another type of altercation occurs.
• Keep your phone (after making sure it won’t ring or vibrate) where you can grab it in an instant if necessary and call 911.
• If participants become physical with each other, don’t hesitate to flee the room. Your backup audio recorder will capture what happens.
As with most personal safety situations, by being aware of your environment and having a plan will give you the confidence and ability to keep calm and quickly escape dangerous situations.
Storytelling Tips to Win Trials
Judging by the excuses heard in courtrooms across the country every day, most people dread having to report for jury duty. They’ll do or say almost anything to get out of it.
Sure, some people think it’ll be fun, perhaps anticipating they’ll get to see “Matlock” in action, but they’ve likely never actually been through jury duty before. By the time the panel of 12 (and possibly a few alternate jurors) sit in the jury box to hear opening statements in a trial, they’ve already sat in uncomfortable chairs for hours of “hurry up and wait,” just knowing that their to-do list is getting longer by the minute.
Why does it seem so much more fun on TV or in the movies? Beside the fact that the TV show or movie takes less than a few hours, the characters on TV know how to tell a story. If more attorneys were skilled at weaving storytelling into their examination of witnesses,and especially into their opening and closing statements, they’d capture jurors’ attention and be more effective in making their case.
Jurors need to picture themselves or someone they know ending up in your client’s shoes and be able to identify.
If you don’t appear confident in the story you are telling, why should the jury believe you?
Every story must have an overarching theme that brings cohesion to what you are telling.
For example, the theme in a breach of contract case could be “promises should be kept.” Every fact must relate to that theme.
While examining witnesses, bring out facts that relate to that theme.
Again and again that attorney can drive a point home, because “good people” don’t break promises. it can be an implicit suggestion, since nobody wants to be lectured. It is often more effective when left unsaid. However, determining the theme will help you organize your own thoughts.
Appealing to the jury’s sense of fair play, using your theme to highlight a deep residual truth that can apply to anyone. If the words you use aren’t natural for you or you don’t really believe your story, it will be obvious. The jurors won’t believe you either.
Trust the jury to believe in your vision, which should be laid out in the opening statement.
By parsing out the details of your case and finding a firm beginning, middle and end, you can stand before the jury box with confidence. You can say, “I’m here to give you our side of the story,” and really do that.
Pick the facts that work and leave others on the bench.
Need a deposition in Wilmington, North Carolina
Legal Media Experts has been providing court reporters and legal videographers in Wilmington and the surrounding area for over 25 years.
Wilmington, along the Atlantic coast, is one of our favorite cities in North Carolina. If your next deposition will take you to the Wilmington or Wrightsville Beach area, be sure to check out our lodging, dining, and if-you-have-free-time recommendations. As always, our office can help you with any questions about the area.”
To book online, schedule here or call us direct to speak with one of our deposition coordinators: 800-446-1387.