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There’s More Than One Method of Court Reporting
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
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
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?
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!
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
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
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!
Judge Takes County to Task
Judge Takes County to
Task Over Sweltering Courtrooms
Complications in courtroom proceedings can make people a
little hot under the collar. In one Detroit courthouse last week, everyone was
hot under the collar when the temperature inside the building reached 90
degrees.
A thunderstorm knocked out electricity to the Lincoln Hall
of Justice, and a massive generator was brought in to run the lights. Portable
“chiller” units were brought in to provide air conditioning, but they
didn’t work. It was so hot inside the building that children who were being
transported to the courthouse for hearings had to wait for hours in air-conditioned
vans in the parking lot because the holding cells were too hot.
County officials had no solution except to cancel court the
next day. One fed-up judge took to Facebook to vent her frustrations, pointing
out that in addition to the disservice cancelation does to the public, it
doesn’t help the hundreds of employees who were still expected to work in the
sweltering building. She wrote:
“It is a shame
that we have to continue to work in these conditions. It is even more shameful
that we ask the public to come to court and sit in crowded hallways of a
terrible building with no air.
“The remedy: we can
cancel our dockets. But how does this serve the public? My clerk can’t leave,
my sheriff can’t leave, my court reporter can’t leave. And more importantly,
the people who have cases today would be unfairly disadvantaged b/c they have
made their way to the court only to find out that the judge canceled the docket
because it was too hot. People want their kids returned to their care,
their kids released from placement, a chance to address bond, they want their
cases heard.”
Unfortunately, fixing the air conditioning won’t solve the problem.
Court staff say the building has major electrical issues, is in disrepair, and
the county has no plans to renovate or move to a different building. After the
judge’s social media posts, though, it wouldn’t be surprising if the condition
of court facilities or access to justice for all residents of Detroit becomes a
big local issue.
Massachusets Does Away with Court Reporters
Massachusetts Does
Away With Court Reporters
As of the end of June, the Commonwealth of Massachusetts has
“scrapped” its court reporters and is now almost solely using digital
recording systems in its courtrooms.
In the midst of a nationwide court reporter shortage,
multiple states have faced tough decisions regarding methods of capturing the
official courtroom record. Massachusetts court officials say the shortage had
nothing to do with their decision. They began placing digital recording systems
in courtrooms in 2009, and this year’s move was an upgrade and expansion of
that system.
Some prosecutors and criminal defense attorneys look at the
move with skepticism, as reported in the Boston
Globe:
“Our main concern is that we have a
complete and accurate record of everything that is said in a courtroom without
any mistakes, because one error or an unnoticed malfunctioning
of a taping system can do irreparable harm,” said Melissa Dineen, a managing
director in the public defenders division at the Committee for Public Counsel
Services.
Norfolk District Attorney Michael
Morrissey said court reporters interrupt when they can’t hear clearly and ask
speakers to repeat themselves. If a proceeding gets interrupted, court
reporters can quickly read back the last question, he said.
“The electronic devices have been
getting better over the years but I don’t believe they are a substitute for
court reporters,” said Morrissey.
Other attorneys expressed concerns that the digital system
could malfunction without anyone noticing, or that witnesses shuffling papers
or talking over attorneys could create an inaudible portion of the record.
Court officials have hired “court monitors” who
will operate the recording equipment and monitor it for any malfunctions. The
average annual salary for a court monitor is approximately $18,000 a year less
than a court reporter’s salary. Court administrators are able to assign court
reporters to some criminal proceedings, including murder or rape trials. In
that instance the independent court reporter would be paid a per diem of
$250.64, $80 less than a salaried court reporter’s daily rate.
Martin Healy, chief legal counsel for the Massachusetts Bar
Association, said he was “initially alarmed by the decision to phase out
court reporters, but has been convinced over many years and many meetings that
the system was working.”
Digital court reporters are being increasingly used in
courtrooms and deposition suites, and with good reason. The bottom line is that
the skill and professionalism of the reporter capturing the record is more important
than the method used.
At Legal Media Experts, we proudly utilize the latest
technology in stenotype, voice writing, and digital court reporting to ensure
an accurate record. Schedule your deposition or hearing online today.