GIFT-GIVING IN THE NEWS

Some court reporting companies, and most notably national conglomerates, are heavily promoting giveaways to increase their business.   Whether they include coveted sports tickets, $25 gift cards, iPad, or sky miles, the effect is still the same:  It cheapens the profession and degrades the achievements of the thousands of reporters who have worked hard for their credentials and continue to invest, at their own expense, in the state-of-the-art technology that allows them to continue to provide their indispensable services to the judicial system. 

Not only does this practice fly in the face of the National Court Reporters Association Code of Professional Responsibility, but there are other concerns as well.  According to the Internal Revenue Service, such incentives that are received by lawyers’ secretaries or assistants for bookings are in effect the property of the client of that law firm and are to be disclosed to said client. 

Since court reporters are to remain neutral and impartial and are to avoid even the appearance of any impropriety, NCRA has found it necessary to state in their Code of Professional Responsibility that token gifts are not to exceed $100 annually to any one person or client.

Deposition Reporters Association of California, Inc., which is located in Santa Clara, has filed suit against US Legal after they refused to pay a fine imposed by the California Court Reporters Board for violating its regulation on kick-backs and gift-giving.  The complaint alleges that US Legal provides a $200 gift card to lawyers when they book their first deposition with them.

We encourage law firms to hire court reporters based on their skills and professionalism without regard to the gifts they will receive.  And shame on those reporting companies that are selling this great profession down the river and probably on the backs of the reporters they employ.

WHICH IS BETTER: DIGITAL RECORDING OR DIGITAL REPORTER?

It seems that many courtrooms across the country are replacing the stenographic court reporter with digital recording systems in an effort to save money and to move “forward” in these technologically advanced times.

Their intentions may be good, but they may not be receiving the desired result.

Digital recording systems record all ambient noise in a courtroom, such as passing ambulances, coughs, paper rustling, and noisy air conditioning units, which makes it very difficult, sometimes impossible, for a transcriptionist to prepare a verbatim record.  Conversely, a soft-spoken witness or a quiet objection from counsel may not be picked up by the recording system.  As is very often the case, the person monitoring the equipment is not the one who actually transcribes the recording.  And sometimes there is no monitor at all!  Furthermore, many times the equipment fails and the failure does not become apparent until a later time, resulting in lost testimony, mistrials and unnecessary cost, not to mention the egregious impact this has on litigants and, by extension, the legal system at large.

Certified court reporters who are present at trial are well-versed in digital technology.  They have invested, at their expense, in the leading-edge equipment and software that allow them to provide INSTANTANEOUS voice-to-text translation that can be transmitted to the judge and counsel’s laptops or electronic devices for their review.  Unlike an audio recording, they can filter out unwanted noise and can interrupt the proceedings if something needs clarification.  The final transcript can be delivered in multiple digital formats to suit counsel’s needs. 

Studies have shown that the error rate in transcription is higher when a certified court reporter is not used.  Court reporters who belong to the National Court Reporters Association undergo rigorous testing to improve their skills and prepare them for whatever testimony they may encounter.  Reporters who have earned NCRA’s highest credentials have proven records of capturing live testimony with at least 95 percent accuracy on test material.  Using a live court reporter is the most efficient, accurate, and cost-effective way to receive a timely verbatim transcript.