Court Reporting

Court Reporting Misconceptions

For those who work outside of the legal industry, it can be difficult to understand how important court reporters are to the legal field. And, not surprisingly, as more and more lawsuits are filed in American courts the value of a neutral record of all aspects of legal proceedings — inside and outside of the courtroom — also continues to grow. According to the United States Bureau of Labor Statistics (“BLS”) the court reporting industry is expected to increase job openings for workers by 9% between 2019 and 2029. This growth is much faster than the average growth in other industries. The BLS has determined that this growth is affected, in part, by new federal laws requiring TV programming and real-time broadcasts to be closed captioned for the hearing impaired.

Despite the growing demand for court reporters, the trend is that fewer and fewer workers are entering the field. The reason for this, in part, is due to the misconceptions about the occupation. Below are some of these wrong assumptions.
● It is simply typing: Perhaps the most damaging myth is that court reporting is “just typing.” A stenograph, which most people have never seen, only has 22 unmarked keys. Court reporters often have to record high-profile cases with impeccable accuracy at an extremely fast pace. While the average person can type 40 words per minute with a 92% accuracy. The speed of the average court reporter is 225 words per minute.
● Anyone can do it: There is a common misconception that court reports can be easily replaced by digital recording devices or unskilled typists. In reality, court reporters can capture the meaning and nuances that even the most sophisticated artificial intelligence or algorithms miss. Court reporters have a flawless understanding of language as well as legal and/or technical terminology. Likewise, live court reporters do not malfunction like voice-capture technology can.
● The career is easy: While many institutions offer placement programs for newly minted court reporters, statistics show that a large percentage drop out within the first two years of their career. While the reasons for dropping out vary, the most common are due to the overwhelming pressure of speed and accuracy required by the job.
● Not much training: Aspiring court reporters must learn to use equipment like stenotypes and complete a court reporting program that awards an associate’s degree or certification. Reporters also undergo on-the-go training. Depending on the state, certification or licensure is required and likely involves passing an exam and skills test.
For more data on court reporting in the legal industry, visit the U.S. Bureau of Labor Statistics.

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The Coronavirus pandemic that has hit the globe is causing all of us to adjust how we live, work, and play. Lawyers are no exception to this. In order to continue to live up to the calling that requires attorneys — particularly litigators — to be custodians of our society’s ideals, there are a few things that should be done during this world-wide pandemic.

You Must Resolve Your Cases

Attorneys are called on to resolve disputes, which can be difficult during normal times. The best thing for a litigator to do is to put on his or her “closer” hat. More than ever, clients are losing income. It does not matter if you represent a plaintiff or a defendant — the downturn in the
economy affects everyone, and it is not known when the economy will bounce back from this pandemic. Clients are also in shock and disoriented. Defendants may be wanting to solely focus on business operations and not deal with lawsuits. Plaintiffs may want their lawsuit resolved sooner rather than later because of their current circumstances. Attorneys must be aware of these issues, while still balancing zealous advocacy and not selling the client short. Getting opposing counsel to come to the table is critical during this difficult time. Likewise, court dockets — which are backed up and trials delayed — will appreciate the civility employed by litigators to resolve cases.

You Must be Efficient

While the Coronavirus pandemic has taught us all to be more aware of personal hygiene, it has also forced businesses to become more efficient. The legal field, in many ways, is also a business. Law firms across the nation have transitioned to remote work for attorneys and staff alike. Attorneys — just like remote workers across the nation — are having to juggle work, family time, and schooling children. Legal work requires writing, editing, re-writing, analyzing, and researching, among other skills. While silence is key to these tasks, it is likely not available in prolonged periods right now. Using your time effectively is more critical than ever. Whether this means early mornings while the house is quiet or late evenings when everyone is in bed, squeezing in work and keeping clients up-to-date needs to happen.

Keep Using Discovery

The courts need not be involved in the discovery phase of a lawsuit — unless there is a need for motion practice or hearings due to disputes that cannot be resolved without court intervention.   Use of requests for admissions (RFAs), requests for production (RFPs), interrogatories (Rogs), and depositions are ideal ways to move your case forward during this time. While depositions may be difficult due to social distancing requirements, these can be done via video conference — although, admittedly, they are not the same as in-person depositions. That being said, litigators must be patient with opposing counsel because this time requires this type of civility.

The Case Must Go On

While it is true that the global pandemic has placed us all in an unprecedented position, attorneys must continue to practice zealously for their clients while employing additional patience for those on the other side of the case. In doing so, we can maintain our obligation to our industry while still properly representing our clients.

Whether you are familiar or brand new to the concept, attending remote depositions has become inevitable. As judicial orders get extended due to concerns surrounding COVID-19, in-person depositions are happening less frequently, if at all. While the conditions may not always be ideal, see below for some tips to make your remote depositions run smoothly.

BEFORE THE DEPOSITION

Training. Familiarize yourself with the program you will be using: Zoom, WebEx, GoToMeeting, et cetera. Do a quick run-through ahead of time if possible.

Send exhibits beforehand. Sending emails and downloading exhibits during the deposition takes up time. If you send exhibits before you begin, this will make things easier on your court reporter. And don’t worry about marking exhibits. Your reporter can do that for you.

Arrive early. It helps to log in to the deposition 10 to 15 minutes early for troubleshooting or to introduce yourself and share contact information.

Internet connection. Be sure to use the best internet connection available. (Hardwire into your modem if possible.)

Charge your phone. Even if you do not plan on using your phone, make sure it’s fully charged. If something malfunctions with your laptop or tablet, you will have your phone ready to connect as backup.

DURING THE DEPOSITION

Go slow. It may seem awkward to pause after questions and answers, but now more than ever it is crucial that attendees do not speak over one another during the proceedings. This creates less interruptions by the court reporter for repeats and clarifications.

Close apps. Be sure to close any programs not needed as this will help your device’s connection.

Mute yourself. If you are not actively speaking, keep yourself muted. It helps immensely with the audio quality. If you need to object or insert something on the record, unmute yourself at that time.

Audio through your phone. There is an option through remote meeting platforms to use your phone audio (dialing in and enter your meeting information) in tandem with your computer. This will maximize clear audio.

Turning off your video. If your connection gets spotty, try turning off just your video. Oftentimes, that will clear up audio issues, and you will still be present.

Headphones. Using headphones or earbuds with a microphone helps isolate deposition audio.

Be patient and open-minded. Nobody anticipated we’d be working in a global pandemic. Things may go wrong, but there’s no need to get frustrated. Take a deep breath. We’re all learning!

Background. While on video, aim to sit in front of a plain area that is lit from the side or front. When seated in front of a window, please close the blinds. Sitting in front of a bright, open window makes it difficult for attendees to see your face on screen.

Breaks! Even though most of us are comfortably seated at home, be sure to allot time for comfort breaks.

AFTER THE DEPOSITION

Don’t rush to disconnect. The court reporter will likely have questions about signature, orders, or spellings. Be sure to ask before you hop off the deposition.

Talking afterwards. Please let the court reporter know if you plan to stay in the remote meeting and speak with your client. This way the court reporter will leave the meeting instead of ending it altogether.

If you are holding remote depositions, hopefully these tips will help. Many elements that appear to be challenging just take a little time and practice. If you have questions, be sure to ask the reporter or agency hosting the deposition. Please know that court reporters appreciate you and appreciate your business!

For further information and tips, please check out Elizabeth Gallo Court Reporting’s tutorials on YouTube.