Realtime Court Reporters tips on making wireless realtime work for you

Are you sick of cables being strewn across the conference table?  Serial connections are becoming a thing of the past.  As technology progresses and operating systems change, technological advancements are giving realtime court reporters another alternative to providing interactive realtime services.

Wireless interactive realtime is a collaborative event.  In order to have a successful experience with wireless realtime, we suggest you follow these tips.

#1)  Preparation before the proceedings – for both attorneys and reporters

·         What interactive realtime software is counsel using?  Depending on the limitations of the software will determine what hardware and software the reporter will need to make a good connection. 

o   CaseViewNet – used in conjunction with LexisNexis – Allows Rapid Refresh so that every change a court reporter makes within the file, counsel gets the benefit of that change.  Arrive late, you get the entire file.  Files are transferred via WiFi.

o   StenoCast – Wireless feed using a “serial” thumb drive which is compatible with all interactive realtime software.  Drivers must be loaded on the receiving notebook for the thumb drive to work.  Does not allow Rapid Refresh.

o   File transfer for both “wireless” feeds are secure and password protected.

·         Have the software and drivers downloaded on counsel’s notebook before the proceeding.  Most CR agencies will be happy to visit with IT personnel at counsel’s site beforehand to test the connection and drivers.   Trying to set up the day of the deposition can be stressful, especially if you are new to wireless realtime. 

·         Reporters should always keep the most updated software and drivers on a thumb drive in case there is no Internet connection onsite.

·         Counsel should provide the court reporter with as much terminology beforehand so that he/she can add it to the dictionary.  The more information the reporter has, the cleaner the first pass transcript and be better experience for counsel.

·         Everyone should arrive early the day of the deposition to set up.  You may have to troubleshoot the connection so allow sufficient time for this to take place.  If the equipment fails, court reporters should bring throw down netbooks, notebooks or iPads (CaseViewNet APP coming soon) to ensure all counsel get the realtime feed they requested.  You know your equipment will work.

#2)   Accepting the realtime feed

·         As the certified reporter is writing the testimony, counsel’s computer will see exactly what is being written on his computer.  The interactive software will allow you to mark testimony, make notes and annotations, copy and paste, and even print.  Some packages even have an interactive concordance that builds as the testimony continues.

#3)  At the end of the day

·         At the conclusion of the deposition, you have the option of saving the testimony on your notebook for future reference.   Since it is an uncertified rough draft, the file will be replaced with the certified transcript upon completion.  Note that all notes and annotations made to the uncertified rough transcript will be transferred to the final transcript.

As you can see, Step #1 is the key to making a successful connection.  We are available to assist you in any way necessary to ensure a successful connection. 

Why Interruptions Are Sometimes Necessary When Making The Record

The court reporter is also known as the “silent partner” because he records testimony quietly and unobtrusively.

But there are times when a reporter must interrupt the proceedings.  Reporters are reluctant to do so, but sometimes it is necessary to preserve the record.  Certified court reporters are trained to capture every word, and that is their goal on every assignment.

The following are the most common reasons a reporter will interrupt:

*He cannot hear.  A soft-spoken witness, a noisy air conditioning system, or a passing ambulance can make for an impossible situation.  A reporter doesn’t have a chance if he can’t hear.

*Speed.  When people speak at breakneck speeds, or when speakers overlap, it is difficult for the reporter to process the words to write them down.  Speed increases the chances that the reporter’s notes will not be as clean, which is particularly unfortunate if an attorney is requesting realtime and wants to view the testimony on his laptop as soon as it is spoken.

*Clarification.  “September” sounds like “December” or “October-nineteen-ninety-eight” could mean October 1998 or October 19, ’98.  Gestures and nonverbal answers need clarification.  Some witnesses have accents.  And many times words at the beginning or end of a sentence can be “swallowed up”, and “I don’t think so” could sound like “as far as I know.”

*Technical subject matter.  Reporters are familiar with technical terminology to a certain extent, but they cannot be expected to be familiar with every term or subject that an expert testifies to.  Interrupting an expert regarding an unfamiliar term will ensure that the reporter writes it down correctly for the entirety of the deposition from that point forward. 

*Procedural matters.  If there are questions regarding the marking of exhibits, designations of confidentiality, reading and signing concerns, it is the reporter’s responsibility to make sure counsel are on the same page regarding same.

*Understanding.  Unlike a tape or digital recorder, which just records noise and sounds, a reporter is trying to understand the proceedings at hand, how the parties relate to each other, and the reason for the lawsuit.  Reporters come in “cold,” so to speak; whereas, counsel have been working on the case at hand for months, sometimes years.  So when a reporter hears something that doesn’t make sense from his limited knowledge of the case, he may need to interrupt.

In closing, a good reporter will not interrupt without good cause.  Reporters believe that it is better to have a polite and intelligent interruption rather than have an inaccurate and useless record, and we think most counsel would agree.

DORIS O. WONG ASSOCIATES, INC., CELEBRATES ITS 45th ANNIVERSARY AND UNVEILS ITS NEW LOGO

We are pleased to announce that we are celebrating our 45^th anniversary this month!  We are very proud of all that we have accomplished since we first opened our doors, both for the legal community and for our profession.

First and foremost, we are industry leaders in embracing new technology.  For years all a court reporter needed was a Stenograph machine and a typewriter to produce transcripts.  When computer-aided transcription first became available in the late 1970s, we were the first court reporting agency in Boston, and one of the first in the country, to get on board.  Since that time, we have grown with each exciting development to the point where our reporters are now capable of providing instantaneous translation directly to counsel’s laptops, even wirelessly.  As a profession, we have seen over a half dozen iterations of the Stenograph machine make their way into the marketplace.  These ergonomically designed machines are incredible workhorses and engineering marvels that allow reporters to keep on top of their game.   

Of course there is more to the field of court reporting today than producing hard copy transcripts.  The Internet has created many opportunities to better serve our clients.  Today transcripts can be sent in multiple formats and can be easily accessed even if counsel are away from their desks.  The popularity of the iPad and other portable electronic devices will lead to the development of new applications in the legal arena that will bring counsel even more flexibility in their practice.  Mobile video conferencing is another service we will soon be providing.  This will allow attorneys to attend depositions regardless of whether a video conference unit is available on either side of the call. 

So much has changed in 45 years.  More changes will undoubtedly follow, all of which require a huge commitment of time and expense, as well as a steep learning curve, but the rewards and benefits to our clients make our efforts worthwhile.

As we unveil our new logo, we renew our commitment to provide the legal community with the best products and the most reliable service all at competitive prices.

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.