Data Security Practices for Court Reporters

February 20, 2019

Court reporting firms handle confidential, sensitive
information on a routine basis. The deposition, hearing, or Grand Jury
transcripts they produce often contain trade secrets, details about a person’s medical
or psychological history, and business or personal financial information.
Additionally, medical, technical, and financial records are often entered into
the record as exhibits the reporting firm takes possession of at the end of the
proceeding.

Transcripts (with their accompanying exhibits) are almost
always delivered electronically, in addition to the hard copy original. How can
court reporters make sure they’re keeping this vital information secure?

·        
Backup
your data regularly
. That is a simple admonition, but often ignored.
Information loss isn’t always due to hacking; sometimes it’s due to a technical
glitch destroying files that are not backed up or a laptop that’s stolen or
accidentally destroyed. Use a password-protected external hard drive (preferably
stored in a safe when not in use) or a secure cloud-based service, and back up
at the end of every work day at a minimum.

·        
Use
complex passwords, and a secure password management program
. Your laptop
and mobile devices should all be locked when not in your physical presence, and
your email account and court reporting software passwords should be unique,
complex, and backed up in a password manager like Dashlane.

·        
Keep your
anti-virus and anti-malware definitions up to date, and run regular scans
.
It’s not fun, but if you keep up with it you might avoid your computer
automatically applying an update at an extremely inopportune time.

·        
Use two-factor
authentication
. In case you are unable to access your online accounts and
need to reset your password, two-factor authentication ensures that you’re
actually the person resetting the password.

·        
Look at
all email attachments with a critical eye
. Even if (especially if) an email
attachment is coming from a known contact, be wary of downloading attachments
that you’re not expecting. Malware or ransomware can be installed on your
computer when you open a PDF, a Word doc, a ZIP file, or any type of file,
really. Confirm with the sender that they really sent that attachment before
you open it.

·        
Keep your
software up to date
. As with anti-virus and anti-malware definitions,
software updates can patch security vulnerabilities and are critical to data
security.

·        
Make sure
any ancillary services you use have strong security protocols
. For example,
video conference providers like Zoom
ensure that data captured during a video conference deposition is secure. Any
website or software program that comes in contact with confidential information
should list the types of security protocols they utilize to keep your data
safe.

A court reporter’s duty as the guardian of the record
applies even in cyberspace. At Legal Media Experts, we take that duty
seriously. Schedule your next deposition today using our online scheduling toolor calling 800-446-1387.

What to Expect From Your Court Reporter

January 7, 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.

There’s More Than One Method of Court Reporting

December 17, 2018

Did you know that there is more than one method of court
reporting? Depending on which region of the country you practice in, you might
think a certain type of court reporter is “normal.”

In military courtrooms and throughout the South, it’s not
uncommon to see voice writers.  In most
other areas of the country, stenotype reporters make up the vast majority of
court reporters. Increasingly, electronic (digital) court reporters are joining
the landscape throughout the country.

No matter their method, court reporters are charged with
capturing and creating an accurate, verbatim record of the proceedings and are held
to the same code of ethics. National professional organizations provide
certification testing and continuing education for their members.

1. Stenotype
reporters
use phonetic shorthand and a specialized keyboard to capture the
proceedings. A computer-aided transcription program then translates the
shorthand into English, which the reporter edits and proofreads to create the
verbatim record.

2. Voice writers
dictate the proceedings verbatim into a Stenomask, which is connected to a
digital recording device. There are large masks, which cover the reporter’s
nose, and mini masks, which only cover their mouth. They are trained to speak
in a low voice – not a whisper – at such a level that the recording equipment
picks it up but others in the room cannot hear them. The digital file is either
translated using voice recognition technology or transcribed to create the
final transcript.

3. Electronic court
reporters
use specialized software and high-quality audio-visual equipment
to record testimony. The software allows them to record each speaker’s audio
feed on a separate track to ensure complete accuracy of the transcript.
Electronic reporters also take contemporaneous notes of the proceedings within
the software, which are then linked to that spot in the audio record.

Some attorneys or judges prefer one method over another, but
when it comes to the finished product, the certified transcript, one method
isn’t more reliable or accurate than another.

Book your next deposition with Legal Media Experts’ professional reporters.  Call now:  800-446-1387 or book online here

Get the Most out of Your PDF Transcript

November 15, 2018

What Else Can You Do
With a PDF?

In an earlier blog post, we described the various formats in
which deposition or hearing transcripts can be delivered https://legalmediaexperts.com/blog/what-type-of-transcript-should-i-order. One of the benefits
we specified was the universal compatibility of Adobe PDF files, meaning they
can be opened several types of devices and on both PC and Mac. If the only use
you’re getting out of your PDF documents is compatibility, though, you’re
missing out.

As mentioned in the previous post, to read your PDF
transcript or other document you only need access to the free Acrobat Reader, which
is usually preinstalled on computers and tablets. Many law firms have access
to Adobe
Acrobat
, in which there are additional features that are extremely useful in
document production, exhibit creation, and in managing information in complex
cases.

With the full version of Adobe Acrobat, you can:

·        
Insert new pages into a PDF and eliminate pages

·        
Reorder pages

·        
Rotate pages

·        
Add Bates stamps to documents

·        
 Zoom in
on small text

·        
Highlight important text passages

·        
Search for text

·        
Redact sensitive information

·        
Tag important pages so you can quickly find them
later

·        
Make notes in the margins

It’s obvious that by knowing how to use these tools,
attorneys and paralegals can save quite a bit of time and headaches.

Legal Media Experts provides a condensed PDF and a full-size PDF for every transcript that is ordered.  Call now to book your next deposition with Legal Media Experts:  800-446-1387 or you can schedule online here:    https://legalmediaexperts.com/schedule-online

Interview with a Newly Minted Electronic Court Reporter

October 22, 2018

There is a shortage of court reporters across the nation, leading to long waits in some courtrooms when there’s no court reporter available. One way this shortage is being addressed is by the increasing utilization of electronic court reporters.



As an early adopter of new technologies, Legal Media Experts was one of the first court reporting firms in the nation to hire and train electronic court reporters. One benefit of this new method is the dramatically shortened training time and cost, meaning a new reporter can be on the job in months instead of years.



This shortened training time makes it easier for people to undertake a mid-life career change, and some new court reporters have even come out of retirement to join the profession. This week we are spotlighting one of our newest electronic court reporters, Charlene, who was retired from a career as an assistant to high-level executives at a major multi-national corporation before deciding to become a court reporter.



How long has it taken you to train as an electronic court reporter? For people who don’t know anything about the process, and who might be interested in it, what was the easiest part? What was the hardest part?



It has taken me about five months to get to the point where I am now reporting depositions on my own, but it can be done in a shorter amount of time – depending on how often you’re able to attend training depositions. I had to become a Notary, and learn After becoming familiar with how to operate the equipment, I shadowed a couple of the court reporters in the firm to numerous depositions to learn how to operate the equipment, what apps I may need on my phone (or iPad), and how to take notes. The equipment can sometimes be confusing, but I found that watching a video tutorial or two helped me to understand it better. One advantage I had was that my daughter has been a court reporter for over 20 years, and by reading some of her transcripts and talking to her about her job over the years I was already familiar with court terminology and what information a reporter needs to send to a transcriber.



What aspects of being a court reporter appealed to you as someone partially coming out of retirement?



Freelance court reporting appealed to me because I can decide which jobs I will be able to take, especially if one conflicts with an appointment that I had already scheduled.  In addition, I am able to be out of the house and meet new people.



What has been the most surprising part of this journey?



I was happily surprised to learn that there’s something that retired individuals are needed for.
What has been the most interesting thing you’ve heard in the depositions you’ve taken so far?
While I can’t comment on specific cases, the most interesting, although very tragic, cases I’ve worked on so far have been wrongful death cases.



Thank you for answering these questions, Charlene!



If you’d like to learn more about a career in electronic court reporting, more information can be found at AAERT. If you’d like to learn more about working with Legal Media Experts as an electronic reporter or a transcriber, contact us here https://legalmediaexperts.com/contact-lme

What Type of Transcript Should I Order?

October 17, 2018

At the end of your deposition, your court reporter will ask
you in which format you wish to receive your transcript and list off a number
of options. How do you know what you really need? Do you need a hard copy of
the transcript too?

·        
PDF: Adobe’s PDF files are the most
universally accessible format to receive your transcript. They can be opened
with Adobe’s free viewer, which is built in to most internet browsers. Legal
Media Experts delivers PDF transcripts with the exhibits attached, but with
some firms you’ll need to specifically request to have the exhibits attached to
the PDF file. You cannot create a word index from a PDF file, but you can print
a condensed transcript (by selecting to print 4 pages to 1 page in the print
command).

·        
E-Tran: E-Transcript files are delivered
in a proprietary .PTX format which can only be opened with the RealLegal
E-Transcript viewer. From within the viewer, you can print the transcript in
full-sized or condensed format (generally 4 pages to 1 page) and a word index.
The transcript can also be exported to PDF or Word.

·        
ASCII 
– ASCII files are ordered by attorneys who need to upload the transcript
into litigation management software such as Summation,

Sometimes attorneys say they “just want an E-tran”
when they really mean a PDF or just to receive the file electronically. It’s
good to know the differences between PDF, E-Tran, and ASCII so you’re not
surprised when you receive your transcript.

So, when should you order a hard copy?

The court reporting firm will always send you the sealed
original hard copy of the deposition for filing with the court. With Legal
Media Experts, you’ll also receive an email with the transcript and exhibits in
PDF format and any other formats you’ve requested. From the PDF, you can print
out a hard copy for your own use – many attorneys find it easier to highlight
passages and take notes on a hard copy transcript instead of on a computer. As
long as you have the ability to print the transcript out yourself, it really
doesn’t make sense to order a hard copy from the court reporting firm, since
they’ll have to mail it to you.

Book your next deposition with Legal Media Experts online  here:  https://legalmediaexperts.com/schedule-online

Expedited Transcript vs. Rough Draft

Expedited Transcript
versus Rough Draft

There are times when you need almost immediate access to
deposition transcript testimony and can’t wait the standard 10 business days
for delivery. Should you order an “expedited” transcript, or a rough
draft?

That depends on why you need the transcript.

A rough draft transcript is created from the raw steno notes
of the court reporter and isn’t certified to be an accurate, verbatim
transcript of the proceedings. It cannot be used in trial or cited in written
or oral motions. It is simply to be used for witness preparation or for an
attorney’s notes and should not be used to try to impeach a witness, since it
is not certified as verbatim.

An expedited transcript is a final, certified transcript of
the proceedings and can be used in trial and cited in written or oral motions.

Any time you know you will need an expedited transcript, you
should let the court reporting firm know at the time you schedule the
deposition so that can be taken into consideration when a reporter is assigned
to cover that job.

Schedule your next deposition with our online form here https://legalmediaexperts.com/schedule-online  or
call 800-446-1387 and speak with one of our scheduling agents.

 

That Court Reporter Won’t Stop Interrupting!

September 21, 2018

Sometimes attorneys, especially those who haven’t taken many
depositions, get irritated when the court reporter interrupts.

A professional court reporter will interrupt an attorney or
a witness for multiple reasons, all of which are aimed at one thing – ensuring
that a clear, verbatim record is obtained. Here are a few
of the reasons:

1. Speaking too
softly.
If the court reporter can’t hear it, they can’t take it down.

2. Mumbling. It’s
easy for a witness or an attorney to start talking on auto-pilot and run their
words together. Even if the subject matter is old hat to the attorneys and
witness, it might not be old hat to the reporter, who needs to hear the
terminology clearly.

3. Speaking over each
other.
  Though most court reporters
seem to be miracle workers, there’s no way they can take down a verbatim record
when two or more people are speaking at the same time.

4. Speaking at the
speed of light.
To pass certification tests, court reporters must be able to
accurately take down testimony at rapid speeds – over 225 words per minute.
Occasionally attorneys or witnesses speak at an even faster pace. When they do,
the reporter will interrupt and ask for everyone to slow down just a bit.

By knowing what makes a court reporter interrupt a
deposition, and taking steps to lessen the “triggers,” you can
prevent a good number of interruptions. There will be a number of witnesses who
don’t follow your directives, so if you have a court reporter who doesn’t
hesitate to interrupt the deposition, you’ll know you have a good one.
Interrupting isn’t a sign of the reporter’s incompetence; it’s a sign that you
have a court reporter that’s attentive, conscientious, and cares about
accurately capturing the record.

Defendant Duct Taped

September 7, 2018

When a defendant in a criminal case
failed to follow the judge’s admonition to be quiet until it was his time to
speak so that the court reporter could get all of his words down, the judge
took dramatic action – he had deputies put duct tape over the man’s mouth.

Franklyn Williams, 32, of Cleveland, Ohio, was being
sentenced after a jury had found him guilty of three armed robberies when the
incident occurred. Williams had some complaints about his attorney that he
wanted to share with Judge John Russo. Standard courtroom practice during such
a motion is for the judge to hear from both attorneys, and then ask the
Defendant if he has anything to add. But Williams didn’t want to wait, and kept
talking over the attorneys and even over the judge.

After Williams repeatedly ignored “at least a
dozen” admonitions over a 30-minute time span, the judge ordered deputies
to put duct tape over his mouth. Even then, he kept speaking. It took six
deputies to get the tape applied before the sentencing proceedings could
continue.

“Everybody has the right to go on
the record with my court reporter. But we can’t do it at the same time or
yelling over each other. My intent was never to silence Mr. Williams. I gave
him an opportunity to speak at the appropriate time. More than not, he
continued to speak over me and others in the courtroom.”

Court reporters are a critical part of all trials, but
especially in serious criminal cases where the defendant is facing years in
prison. The only way appeals courts can determine whether a defendant had a
fair trial is by reviewing the official court transcript, and one of the duties
of a trial judge is to ensure that the court reporter is able to capture the
record. Judges frequently ask attorneys to slow down, or speak up, or stop mumbling
– and court reporters often interrupt proceedings with similar requests. As
Judge Russo said, “It’s something we try to advocate in any courtroom, any
hearing, that it is not chaos and there’s transparency, justice, and an
equality of everyone getting a chance to speak their mind.”

The judge also told reporters that it was legal to gag a
defendant, because he was in contempt of court. Indeed, as a Miami Herald writer
pointed out, the Supreme Court has ruled that judges can gag disorderly
defendants:

In the 1970 case Illinois v. Allen, the justices
unanimously decided that defendants do not have an absolute right to even be
present at their trial, let alone speak at it.

The court found that trial judges
could “bind and gag him as a last resort, thereby keeping him present; (2) cite
him for criminal or civil contempt; or (3) remove him from the courtroom, while
the trial continues, until he promises to conduct himself properly,” if a
defendant was being disorderly.

Williams had previously pled guilty to the robbery charge at
issue, but that conviction was set aside when an appeals court found he hadn’t
been properly informed about when he’d be eligible for release. The new trial
began in late 2017, but part of it was held without Williams present after he
cut off an ankle bracelet he had been ordered to wear and fled to Nebraska. The
jury convicted him in absentia, and after he was apprehended he was brought
before Judge Russo for sentencing.

Fingers on Fire

August 22, 2018

FINGERS ON FIRE

To the average person, someone who can type over 100 words
per minute is considered to have fast fingers. For stenotype court reporters,
that’s a snail’s pace. Stenotypists, who type on a special shorthand keyboard,
must type more than 225 words per minute, accurately, on a regular basis to
perform their duties.

Some court reporters like a challenge, such as Mark
Klingsbury. The Houston-based court reporter has been in the profession for
more than 35 years, and has been listed in the Guinness Book of World Records
since 1984 as the fastest court reporter in the world. He clocked in at 360
words per minute to achieve that title.

Recently Klingsbury competed in a realtime competition at
the National Court Reporters Association convention in New Orleans, where his
accuracy was over 99 percent. Realtime court reporters provide attorneys,
witnesses, and judges with a live feed of what they’re transcribing, which can
be useful in a complex trial setting, where a judge might need to review exactly
what was said before ruling on a motion. Not all court reporters are certified
to provide realtime services, but those who are can command a premium for their services.

He still wants to go faster. He told a reporter for WGNO that
he’s working to break 370 or 380 words per minute in the next few years, and
used his platform to bring attention to the need for court reporters. “There’s
a big demand.  There are jobs
everywhere.  Very highly paid too.  You can make between $60,000 and $70,000 in
your first year.  The money is good.  The job satisfaction is good.  The job is challenging, so not everyone can
do it, but that’s why we get paid so well,” he said.

Legal Media Experts
can provide a realtime court reporter for your deposition or hearing. Use our
online scheduling tool today or call 800-446-1387!