Blog Category: Arbitration

By David Andre

In my last blog post, I discussed using Google Maps images in vehicle-related cases. This post will discuss a few tips when creating PowerPoint presentations for your opening or closing statements.

I’ll start off by stating that it’s very easy to misuse PowerPoint, so let’s discuss some common mistakes people tend to make and how to avoid them so that your presentation is more effectively received.

Create slides that are less wordy and avoid too many bullet points. Some feel the need to include in the PowerPoint every word they’re planning to say. While this may eliminate the need to remember it, people don’t want to read it while you’re dictating it. Your slides should serve the purpose of reinforcing the key points you want your audience to take away from the parts you verbalize. The only time I even use full sentences is when I’m quoting something. This will also reduce the number of slides needed, which is another good thing. I try to avoid using more than one slide for any one point. Present too many slides and your audience starts to forget the earlier ones and no doubt will begin wondering how many are left.

Wordy slides bring me to my next point. Font size. It’s common for presenters to create slides without considering how difficult it may be to read on the projection screen. The more text you put on a slide, the smaller the text gets. And while you can read it on your computer, try to remember that on a courtroom projector screen on the other side of the room, it may be a bit difficult for the Jury to read the important data you’re presenting. Too many times counsel have handed me a PowerPoint on the morning of trial not realizing until I point it out that despite my 80-inch projector screen, the Jury won’t be able to read any of slide 15.  Use fewer words and simplify your key points. Make the impact statement you want to stand out and be remembered.

Font styles are another very important factor in the visual clarity of the presentation. I believe the font you choose can help set the tone of your presentation.  First off, the Comic Sans font should never be used in a legal setting. Ever. This font sets the tone for fun and playful and gives the impression that your audience need not take you seriously.  Generally speaking, the Serif font is best for printed pages; the Sans Serif font is easier to read on screen. Choose a font that doesn’t distract from your message and is easy to read.

If you’re planning to use animations, keep them simple. There is never a need for bouncing, flipping, or rotating bullet points.  Stick to simple fade-in animations if you use them at all.  The one exception that I’ve found is with certain types of graphs. In a recent summation, we used an animated line graph showing the exponentially increasing amount of money that should have gone to the lender compared to the money that was actually paid to the lender. In this instance, the lines were animated as if someone was drawing them, one at a time, and it really drove home just how much money was involved. The labels were not animated into the presentation until after the last line, to reinforce what counsel had already discussed.

Keep the colors simple. While I don’t use the default black and white, I try to use basic colors that go well together. A white background isn’t a bad thing either, though any form of neon should be avoided at all costs.  Choose a color palette that doesn’t strain the eyes, and be somewhat conservative. If you want to draw attention to something, bold, italics, and underline work well.

There’s a great blog post on Shutterstock that goes over general PowerPoint guidelines. I found this to be very useful, despite not being geared toward legal presentations. There’s also an amusing video on YouTube by Don McMillan that discusses common problems with PowerPoint presentations:

People tend to overdo PowerPoint presentations; it’s easy to do so. One thing to remember is that simplicity is the key, and less is more. If you’d like help, reach out to your trial technician, and they’ll be more than happy to help you create a dynamic presentation that emphasizes and reinforces to the jury the key points of your case.

By Brittany Davies

In a previous blog I covered the fact that the profession of court reporting is an under-marketed profession and one that is in high demand.  You know the basics. Let’s hear from reporters why they love the job!

“I can say I always love the flexibility of my job, seeing new people, hearing new stories. It’s never boring!  This month marks my 38th year as a court reporter and I still love it!”

Jackie Jarboe, RPR

“I’ve been a reporter for nine years.  Court reporting is a career in which people constantly ask me, ‘When will you be replaced by a recording device?’  My response is always the same: They’ve tried that method over and over again. There really isn’t anything as accurate as having a live and in-person body taking down everything verbatim. I think that that is a pretty awesome skill, to be able to take down, with little error, words that are sometimes spoken at 235+ words per minute.

Another reason why I would recommend a career in reporting is because there is so much variety. Personally, I am in a different location each day, hearing different cases and meeting different people. Speaking of variety, if you have the drive and ambition to be a reporter, there are many avenues to pursue with that skill: Freelance reporting, officialships, closed captioning or even one-on-one with a hard-of-hearing individual. Last, but not least, with court reporting requiring generally a two-year degree, the earning potential is huge. If you’re a hard worker and motivated, you will definitely have a lucrative career.”

Stephanie Marks, RPR-CRR

“I have been reporting for 41 years and in May of 2016 it will be 42 years. The things I love about my profession are:

• Meeting new people almost on a daily basis from my area and from all over the country.
• Providing realtime to clients and seeing how much they appreciate the service and the value it provides them. Realtime also challenges my skill set and keeps me on my toes!
• Every workday, I learn something new.  What I have learned throughout my career really comes in handy when I’m at a gathering striking up conversations!”

Dianna Kilgalen

“I was in university in 2004, but I had no end goal career in sight.  My friends and family knew I was looking for something else, but I didn’t know what.  My boyfriend’s mother suggested I should try that thing that her daughter’s husband’s sister does.  I called my boyfriend’s sister’s husband’s sister and asked her about her job and what it entailed.  It sounded as if somebody had taken the (very) few things I was naturally gifted at and made a job out of it!  I called up the only court reporting school in Canada at that time and transferred over as quickly as possible.

Being a court reporter has many things that make it unusual.  Every single person you meet has no idea what it is, but they are always interested.  People love to look at the steno machine and press the buttons.

Every day is something a little different with new people and new challenges.  You never know what people are going to say. You have to be prepared for anything because anything really gets said sometimes, like the time the Ph.D. economist witness started discussing “heteroscedasticity” in a hearing, while the lawyers at the back of the hearing room giggled after seeing the confused expression on my face.

Traveling was always my dream and was a major reason why I chose this profession.  Now I get to live and work throughout Asia doing depositions and arbitrations, experiencing different cultures while doing a job I love.  There is even a word for us in Japanese:  “sokki-sha” or 速記者 meaning “shorthand person.”  Just be careful how you pronounce it.  I once had some Japanese people convinced I was an executioner!”

Mary Allred, RPR, Planet Depos International Court Reporter

If you or someone you know would be interested in becoming a court reporter, check out NCRA’s Take Note campaign to learn more about the career! If you are currently a court reporter and are interested in joining the Planet Depos team, view our opportunities here.

By Brittany Davies

It’s no secret that social media has become a basic tool for survival – personally as well as professionally. It has certainly changed our lives dramatically over the last ten or so years.  For instance, I’m 25, so I started off on MySpace in middle school, switched to Facebook in high school, joined Twitter and Instagram freshman year of college, LinkedIn right before graduating, and Snapchat about two years ago. I’ve been “connected” for almost half of my life! It’s virtually impossible to go anywhere in the world and not see someone interacting with another person on their phones. Assisting with the management of Planet Depos’ Twitter, Facebook, and LinkedIn accounts has reminded me of the important role social media plays in the court reporting field:

A forum to share and stay abreast of the latest news and happenings – LinkedIn and Facebook are especially beneficial for this reason. Court reporters can join industry-specific groups or pages and participate in discussions and share tips and advice. One reporter cited blogs as the most useful tool in staying current on business issues in a recent JCR Weekly newsflash.

A virtual mentor – It has now taken the place of shared office space as the means by which veteran reporters share their knowledge and expertise with newbies in the field.

Spreading the word about the court reporting profession – Social media sure has made it easier to spread the word about the fascinating and rewarding field of court reporting.  This is especially meaningful since the demand for court reporters continues to be high. Whether it be posts on Facebook about a court reporting career, or a trending topic like we all saw at the NCAA when Nigel Hayes tried stumping a reporter with uncommon words, it’s becoming easier to disseminate information about the profession.

Whether it’s blogs, LinkedIn or Facebook groups or Twitter feeds focused on court reporting, utilizing these tools will enhance your opportunity for professional growth and development.  Additionally, staying abreast of the latest news, posting helpful blogs and/or comments that will benefit court reporters as well as lawyers and legal teams, and remaining transparent can be huge benefits for firms and reporters alike.

However, posts must be carefully reviewed and edited to be free of any mistakes and/or negative comments. Poor grammar and inappropriate posts may damage the reputation of a company/reporter, and ultimately harm its business.

We would love to hear how you use social media to advance your business, skills or career.  For more information on the court reporting career, check out our short video here https://planetdepos.com/careers/career-opportunities/

By Brittany Davies

In a previous blog I had mentioned that there is a need for court reporters. At the same time, it is also very important for the reporters on duty today to stay up to date with technology to serve the constantly evolving litigation field. Read on to find out why learning realtime could be a vital component to the longevity and quality of your career!

1. The court reporting field is constantly improving and changing — so should you!
Just as we have added email and texts to our lives to replace snail mail and receive a quicker response, the litigation process is also following right along, becoming faster and shorter, so there isn’t always time to wait on transcripts. With realtime reporting, there is no wait. Parties have instant access to the testimony. Parties also have the option to order rough drafts available within hours – sometimes just minutes of the conclusion of the proceeding.

2. Add value to your work and yourself!
Providing realtime demonstrates to counsel what technology can do for them. At times, it’s hard to convince others to trust and find benefits in technology. However, once the attorneys witness that realtime allows the opportunity to go back and look at answers, they’ll see that your services are helping them form better questions and argument against opposing counsel. Additionally, they can take better notes and mark areas they want to come back to in the proceeding.

3. Open the door to more opportunities!
You may have heard that the number of arbitrations is on the rise. Court reporters are expected to provide realtime services with extreme accuracy and speed. In order to even be considered for coverage of international arbitrations, you must be among the best.

To learn more about realtime reporting and the steps to become certified, visit NCRA.org. If you are a skilled realtime reporter and interested in showcasing your realtime skills with Planet Depos, visit us here.

Planet Depos is fortunate to work with some highly sophisticated clients.  Many of them appreciate the fact that Planet Depos court reporters are equally sophisticated in their craft in that they can offer valuable services such as rough draft transcripts.  What we’ve discovered from our clients is that the rough draft transcript is, at times, just as valuable — if not more so — than the final transcript!

Whether the case is a high-profile medical malpractice case, an intensely technical intellectual property case, an ongoing arbitration, or simply a client who likes to be prepared for anything, your rough draft is used at many levels.

You may think, so what?  Why are we talking about this?  We’re talking about it because the client deserves your very best efforts on the rough draft.  A usable transcript.  A transcript with as few errors as possible. What is the most common complaint from clients regarding the rough draft?

“There are so many errors on the first few pages that I don’t want to go any further.  Why are the names of the parties and their counsel not correct in the rough?  How much extra am I paying for this?”

How good is that first impression of your skill and professionalism when the client can’t read the first few pages of the transcript?

Having been in your shoes as a reporter, I know what it’s like when your hands first hit the keys.  Your fingers are more than likely stiff, and it takes a while to get warmed up and in the groove.  There are those reporters who say, “Attorneys don’t care if the first few pages are unreadable – they’re looking for the ‘meat’ of the testimony.”

Then there are others who say, “My client is paying a premium for a rough draft – for every page – it’s imperative that I hit it out of the gate.”  The latter believes in warming up before the proceeding.  After all, how do you hit it out of the gate if your hands are cold and not nimble?  Maybe ask the participants to “go slow”?  Or maybe a disclaimer at the beginning, “Please excuse any unreadable sentences and/or pages of testimony while I get my hands warmed up.  Thank you for your patience.”

Here are a few tips for producing a readable, usable rough draft, compiled from complaints received from clients:

• Take the time to identify the participants.
• Read through the videographer’s read-on and make sure you’ve corrected the spellings in the case caption, of counsel, and of the parties.
• Ensure that you’ve globaled the key words used throughout the proceedings.

The result?  When the Q&A hits, you’ve already tackled some of the biggest hurdles of producing a quality, usable rough draft.

And if you’re lucky enough to be working with a scopist who is familiar with Work Units in Case CATalyst or using Connection Magic as part of Eclipse, they’re no doubt helping you to look like a rock star before you’ve taken your first break of the day!

Before you hit the send button to release that next rough draft to counsel, ask yourself:

• Is there any raw steno in my file?
• Have I identified all the participants?
• Can a support person at the law firm make sense of what they’re reading?
• Will a search for a key word or phrase yield the intended results?
• Is this rough draft maybe a bit too rough?

Do you have tips for producing quality rough drafts? We welcome them here!

Parts 2 and 3 of this blog featured the latest and greatest in technology for your writer. Now, just as important, let’s discuss the newest technology in CAT software.

When is the last time you upgraded versions of your CAT software?  Certainly you realize that staying current with your CAT software support agreement gets you a lot more than just a yearly renewal invoice!  The software developers working in our industry have been very busy learning from reporters what we need to make our editing time most efficient and profitable.  They have answered the call with many, many new enhancements to the programs that we rely on for our livelihood.

When is the last time you checked out the newest upgrades to the CAT software running on your laptop?  If you happen to be a Case CATalyst reporter, do you know that they are currently on v16?  How can you tell what version you’re running?  If you click on the Help button at the top of your program, then click on About Case CATalyst, a window will display the version of software you’re currently running and how many versions are available.  You can check for updates at this location as well.

Did you also know that if you have a current support agreement in place, you’ll be automatically notified when a newer version is available, along with the highlights of  the upgraded version?  Just a few of the newest upgrades for CATalyst include:

• Faster Case Prep, designed to help you incorporate previous transcripts into your current job to build job dictionaries
• CARTView, which allows you to share a screen with, say, an interpreter at a job and help facilitate the flow of testimony
• A new AudioSync which provides sharper sound quality and less background noise (a demo of this feature is available on the com website)

And for you Eclipse reporters, you can click on the Help button at the top of your icons, and then click on About Eclipse, and the window displays the current version you’re running.  And just in case you didn’t know, Eclipse v7 is now available.  Eclipsecat.com offers a 5-minute video of the newest features to v7.  It’s worth your while to watch!  There are some truly remarkable features in this newest version that will have your head spinning, wondering, how did I not know I needed this!!!!!

An example of one of the newest features to v7 is multiple audio channels to isolate individual speakers during heated discussion for more precise editing control.  Watch the video at eclipse.com.

And did you know that neither Stenograph nor Advantage Software charges for the newest versions if you have a current support agreement in place?  And are you showing this business expense as a tax deduction?  It is a valid and legitimate deduction, and I’ve never met a court reporter who couldn’t use a tax deduction!  Another reason to consider upgrading that writer of yours!!  The end of the year will be here before you know it and then you’ll be scrambling to find deductions anywhere you can.  And if you don’t have an agreement in place, why don’t you have one?

Your investment into the most up-to-date technology may seem daunting, but the payoff will become evident after just the first few jobs. Bottom line:  Can you really afford not to be operating with the latest technology and support?

In Part 2 of this series, we highlighted the features of the Luminex writer. Perhaps it piqued your curiosity that it may be a good fit for you? Before you make the financial commitment, however, you owe it to yourself to be a savvy shopper and see what else might suit your needs.

Let me introduce you to Advantage Software’s Passport Touch™. The Passport Touch™ offers some very unique features that you probably haven’t heard of if you haven’t entertained purchasing a new writer recently. Before you say, oh, another black, boring writer, hold on to that thought! Customizable skins are available for your new Passport Touch™! If you’re not sure what the possibilities are, a quick visit to eclipsecat.com will enlighten you to what your future writer could look like.

And if that’s not enough to keep you reading, check out some of these patent-pending features:
• Adjustable-height StenoMagic™ keys
• Adjustable-height vowel keys
• Built-in tablet stand – yes, you read that correctly, a built-in TABLET stand!
• Hide-away touch screen

What is StenoMagic™, you ask? “StenoMagic™ saves you countless keystrokes. Integrate prefixes. Tuck in Q&A symbols. Edit from your CAT software. Whiz through AutoMagic™ selections. The StenoMagic™ keys can be raised to the same height as your other keys for easy bridging, or conveniently lowered out of the way for a more traditional feel. The possibilities are limited only by your imagination.”1 Customizing your writing – every reporter’s dream come true.

The Passport Touch™ has a built-in microphone with volume control. Can your current writer do that? It also has a built-in headphone jack, as well as a jack to add an external microphone. Bluetooth and WiFi are also built in. If you use Eclipse software, you are already familiar with Keith Vincent’s Visualizer feature in Eclipse. Now there are Visualizer tutorials built into the Passport Touch™.

The Passport Touch™ offers 32G of memory with capacity for 32G of SD and USB drives also. And with that capability comes the availability to store your audio in three places. The Passport Touch™ comes equipped with an adjustable color touch screen that can be tucked away if it’s not in use. The Passport Touch™ also works with all CAT software, not just Eclipse. But if you happen to be an Eclipse user, did you know that your Eclipse support contract also covers the Passport Touch™ as well? And there are free software upgrades for the Passport Touch™ forever!

If all of this has left you wanting to know more, there’s a five-minute video clip available on eclipsecat.com under the Writers tab. Take a moment to watch the video and learn even more about the fantastic features of the Passport Touch™! I think your search for a new writer just got more interesting!

Stay tuned for Part 4.

In Part 1 of this blog we discussed why your writer and CAT software support agreements are so important.  But just because you have a current support agreement for your writer doesn’t mean you shouldn’t consider all that a new writer has to offer you.  When did you buy your current writer?  Was it somewhere back in the ’90s?  Or perhaps even longer ago than that!  Are your hands and wrists tired at the end of a long day of writing?  Do you struggle with stacking strokes?  Are your keystrokes deep and wobbly?  Do you know what the newest writers can do for your writing?

Here’s an overview of the newest writer from Stenograph called the Luminex.

• Weighs 3.5 pounds and made in the USA
• Stands 2.5 inches tall
• Has a full color, high-resolution LCD touch screen that pivots 180 degrees
• Has Wi-Fi and Bluetooth built in
• Has 11 positions for shallowed stroke depth
• Requires no calibration
• More tension settings for fine tuning
• Reduced side-to-side key wobble
• Comes in four colors: Imperial Purple, white on a black base, all white, and classic black
• 2 great accessory bags available

So what does all of that mean to you?  It means that you’re no longer tethered to a writer with antiquated technology.  Does your current writer offer any of these features?  You may be asking, what difference can it possibly make?  The first obvious answer to that question is that being able to adjust the stroke depth of your writer can help to reduce finger fatigue, but can also increase the accuracy of each and every stroke.  This particular writer can also “…interpret the nuances of your writing throughout the day.  The result is accuracy from the first to the last stroke of the day.”[1]  And, “The slightest motion or the heaviest pounding will be measured to provide the highest level of accuracy when writing.”[2]  Why is that important?  Because the less pressure your fingers have to exert on the keyboard equates to more precise and perfect strokes the first time.  More perfect strokes equates to less editing time.  Just imagine being able to evaluate every finger stroke to identify how you can improve your efficiency!

The Luminex is just one of the new writers on the market today with features that can enhance your performance on the job every day.    You’ve worked very hard to be successful at your craft. Why not use the very best equipment available to perfect your craft!?

In Part 3, we’ll highlight another new writer on the market- stay tuned!

[1]Stenograph.com

[2]Stenograph.com

Court reporters are very busy people.  Traveling is a part of an active reporter’s schedule.  Whether you’re just traveling a few miles to a law firm or all the way around the world to cover depositions overseas, your tools of the trade are your livelihood.  Just imagine one or both of your most important tools failing?

Invariably, the time will come when you arrive at your destination and begin setting up, only to find that either your writer won’t turn on or your software has become host to a cyber gremlin.  And if you’re like most reporters, you have become so accustomed to your writer and CAT software always working, that the immediate scenario has just turned your head spinning 360 degrees!  Words you didn’t know you knew start spewing under your breath, your heart starts pounding so hard you’re sure it’s about to explode through your chest, you start sweating, you can’t think straight – suddenly you’ve forgotten everything you ever knew about what you should do, and panic sets in big time!

However, if your writer and/or CAT software support agreement is up to date, there’s no need to panic.  A simple call to your provider with a description of what is, or is not, happening is usually sufficient for them to troubleshoot your situation and talk you through a few simple steps that will either fix the issue or diagnose a condition that requires a more detailed repair.  But either way, you are in a position now to either move forward with your assignment or place a call to your office informing them that you are experiencing a technical issue with one of your tools and will be unable to continue.

However, if your support agreement has expired because you haven’t used it in forever and figured that nothing ever happens to your software or writer, why pay all that money for nothing, well, suddenly that yearly contract fee doesn’t seem so bad.  Now you have to pay arrearages to even talk to tech support, not to mention the possibility that you may now be forced to purchase a new laptop because the upgrades available for your software won’t work on the outdated laptop you’ve been getting by on.  And let’s not even talk about the cost of replacing your writer!

The possibilities are endless as to what can or may happen on any given day.  What worked perfectly just the day before could suddenly stop working at a crucial time.  Maybe you’ve been writing to your laptop all morning without incident.  You have the rare opportunity to actually go out to lunch during a break.  You arrive back to the conference room only to find your software has frozen and won’t respond to anything.  You’ve rebooted the computer, still nothing.  If your support agreement is current, a call to tech support describing the situation will lead you to a solution.  It may not be a perfect fix, but in all likelihood you will be able to continue the assignment to its conclusion and then address a more permanent fix when you’ve finished for the day.  Your technical support people are your best defense against unexpected glitches.  Their ability to troubleshoot your crisis is invaluable when all eyes are on you to make it happen.

Take a look on your desk and pull out that support renewal contract.  Can you really afford to not keep them current?  Your livelihood depends on your tools of the trade working perfectly at all times.  If your writer fails, you can’t write.  If you can’t write, you’re making no money!  So if you thought you couldn’t afford to renew the contracts, add up the cost of a new writer and a new laptop, then reconsider whether the cost of that contract renewal has value after all.

Stay tuned for Part 2 where we’ll discuss new features in CAT software — made available to only those reporters who maintain a support agreement. And for those reporters who insist on showing up at the job with the latest writing technology, stay tuned for Part 2 where we’ll get a sneak peek at one of the newest writers on the market!