Blog Category: Arbitration

U.S. District Court Judge David Nuffer tells listeners in an interview with NCRA’s Director Debra Dibble, that until you try realtime, “you don’t really have an idea of what a difference it makes in concentration and accuracy,” which is why when the new District Court courthouse was being built in Salt Lake City, Utah, he felt “it would be a shame not to have realtime.” As he put it, “if you try it once, you’ll know why.”

With realtime, Judge Nuffer feels that he is able to “focus his attention,” and “track what had really been asked and answered, and carefully evaluate objections on evidence” as they are made.  In addition, Judge Nuffer feels that attorneys benefit, as they are “better able to know if an argument’s been hit, or if it’s been missed,” and they “are able to carefully analyze what’s being said by the other side so they can be prepared to rebut or respond.” He went on to elaborate that value for attorneys “is very high” in that “they are able to have a concrete idea of what’s happening as it happens.”

In addition to the benefits realtime provides the judges and counsel, Judge Nuffer describes how it also benefits the courtroom deputy, as (s)he can search the realtime feed to see if an exhibit “was just introduced,” or whether it was “actually admitted and received.” Judge Nuffer’s law clerk is also able to take advantage of the realtime by “marking significant pieces of testimony . . . as it goes by,” something that the judge can’t do often, because he is too busy.

Finally, Judge Nuffer described how it benefits the public, especially the hard of hearing and deaf community, in that they are actually able to “see the words.” In fact, during one of Judge Nuffer’s trials, a deaf individual began tracking the realtime feed, rather than the sign language interpreter for that very reason.

After 17 months of working with NCRA Director Sue Terry and NCRA’s Tech Ed Committee, as well as the courthouse IT team, realtime is now available in the new Salt Lake City U.S. District Courthouse via the courthouse’s public WiFi system using standard viewing software.

Judge Nuffer concluded the interview with Ms. Dibble by indicating that with realtime, “everyone is able to achieve greater accuracy and greater concentration. And honestly, it is a very big differentiator for reporters. A reporter who can offer a realtime service is really adding value. And I think that, as court administrators and others look at these systems, they’ll realize this is the way to better serve, this is the way to improve efficiency and accuracy, and improve justice in the long-run.”

Although you’d planned to take the day off, you agree to take a last-minute call-in. Quickly, you build a job dictionary, and head out.

Throughout the deposition, the witness responds, “Sorry, I don’t know,” and not unexpectedly, counsel informs you that he won’t need the deposition transcribed. You thank him, clean up the untranslates, create a rough ASCII, and send both the rough and audio files to both your Cloud storage and the agency, along with a note about the job being a no-write-up.

Years later, long after you’ve retired, the firm receives a request for immediate transcription of the witness you remember as the “I Don’t Know” guy. You no longer have reporting software, but you do have the audio and rough transcripts that you saved to the Cloud, so you review NCRA’s Code of Professional Ethics Provisions 5 and 9, provisions which state that “reporters must be truthful and accurate when making a public statement” and that “reporters are to maintain the integrity of the profession,” and immediately inform the office that you no longer have transcription capability — but you are happy to forward both the audio and rough ASCII to them for transcription, proofreading, and dissemination.

They let you know how thankful they are for your quick response, and you conclude that email string with a reminder about Advisory Opinion 34, and the importance of accurately reflecting who transcribed the deposition.  Finally, they send you one last note of thanks, and as you exit your email, you feel extremely grateful that you backed everything up all those years ago, and that you maintained your Cloud storage. Thanks to technology and COPE, life as a retired reporter couldn’t be better, and the firm’s clients couldn’t be happier.

It’s 10 o’clock Monday night, and the agency number is blinking on your Caller ID. Reluctantly, you pick up the receiver. It’s the Scheduling Manager, and she’d like to know if you’d be interested in taking a 3- or 4-hour job tomorrow morning close to home. Thrilled at the prospect of a close assignment, you accept; and in less than a minute, the assignment information lands in your email Inbox.

The next morning at the law firm, you are ushered into a very large conference room, where you set up, input your job dictionary, and warm up. Within minutes, the conference room begins filling with people not listed on the Notice, so you get their appearances, create a seating chart, place the witness under oath, and the deposition begins and ends all within five hours. Not a single term the expert chemical engineer testified about was in your dictionary, but you’re not worried. You have 48 hours to get the job out, so you head home and begin editing.

Everything is going well until a journalist from the local newspaper calls and asks if she may purchase a copy of the transcript. Not knowing what to tell her, you give her the name and telephone number of the Production Manager for followup. A few minutes later, the agency returns the call and thanks you for not promising the journalist a transcript. She explains Provision 4 of the Code of Professional Ethics and Advisory Opinion 9, which speak about the confidentiality and security of information entrusted to the reporter, including depositions not filed with the Clerk of Court or agreed by all parties to be disseminated.

Satisfied that you did the right thing, you return to the dense testimony, and are reminded of your teacher’s words: As a court reporter, you aren’t just a cog in the wheels of justice, you are one of the very wheels upon which justice depends.

Since software enables court reporters the ability to synch the proceedings’ audio with their writing, NCRA created the “Stabbed in the Backup” chapter of its Courting Disaster game, and it’s a must-do for every reporter, as it teaches the rules and regulations governing audio backup.

Ingeniously, in the game, after reporting a deposition, one of the party’s counsel calls the reporter to complain, saying she believes the reporter made some mistakes in the transcript, and asks her to provide the audio backup for verification. Instead of the reporter asking counsel to provide the exact page and line she’s concerned about, counsel asks the reporter to provide her with the audio so that she can determine for herself whether the reporter erred. Without thinking, she provides counsel the audio.

What happens after that is nothing short of disastrous because she could have invoked her right not to provide counsel with the backup, as ruled in Emmel v. Coca-Cola Bottling Co. of Chicago, Inc., 904 F. Supp. 723,753, but did not.

Secondly, having agreed to provide the backup, she failed to contact opposing counsel and advise him that a request for the audio had been made.

Thirdly, she failed to ask all parties for a written stipulation agreeing to production of that audio.

Fourth, she did not listen to the audio.

Fifth, had she listened to the audio, she would have discovered that a confidential attorney-client discussion had been inadvertently recorded, and that having provided it, she is in violation of  Provision 4 of COPE, which requires reporters to “preserve the confidentiality and ensure the security of information, oral or written, entrusted to the Member by any of the parties in a proceeding.”

Had the reporter been aware of the rules, she would not have been brought before the COPE Committee and found herself suspended from earning a living as a reporter for three months.

Knowing that your audio backup is absolutely and exclusively yours, that you are the keeper of that record, and that you are not expected to share it with anyone unless ordered to do so by the court, offers you the opportunity to preserve your ethical and moral obligations under the law as a reporter.

However, if you, as the reporter, are ordered to provide counsel with a copy of your audio backup, you will want to preserve your ethical standing by listening to the audio yourself, verifying that there are no confidential conversations within it, and only then provide copies to all parties, with the original remaining in your custody.

If, when you listen back to the audio backup, you discover that there are, in fact, confidential conversations therein, you will want to contact your own legal counsel, who will be able to advise you as to the laws in your state governing redaction of confidential conversations, as well as next steps.  Knowing your rights and responsibilities empowers you to remain an ethical, unbiased keeper of the record.

Whether you’re an official or freelance reporter, finding the time in your busy schedule to attend court reporting conventions may seem daunting, but here’s why it’s so important to make the time at least every other year:

First, conventions offer opportunities to network that you wouldn’t get anywhere else.  Networking is key to your success. For example, if you’re looking to hire a scopist, doing so is made much easier when you attend conventions and have the opportunity to hear in-person word-of-mouth recommendations.

Only at conventions will you be able to try out for yourself all the new software and hardware available to reporters and captioners.  At NCRA’s upcoming annual convention in San Francisco, you’ll be able to try out the Infinity Ergonomic, the Lightspeed, the Diamante and the Wave.  You’ll be able to ask all the questions you’ve wanted to ask about software platforms, writers, and litigation support. You’ll have other opportunities at the exhibitor expo that include learning about different investment and insurance opportunities, as well as other products and reporting support services that can really simplify your life.

If you’re a freelancer and would love to travel, but airfare and lodging in the area you want to visit is prohibitively expensive, getting your name out there as someone interested and willing to travel for work may offer you excellent opportunities. For example, there may be an agency owner at the convention with a client anticipating three days of depositions in Italy and who has no reporters that want to travel. There’s an opportunity for you to step right in. The cost of that little get-away will suddenly become much more affordable.

If you’re a firm owner looking for new recruits, what better place to find them than at a reporting convention?  And with NCRF’s “New Tricks, Tips & Techniques” seminar, what better place to learn about the newest innovations in business?

Finally, if you’re a veteran reporter and have been earning your CEUs from home for so long that you can’t even remember the last time you attended a convention, this year may be the “Year of Your Return” with the Vacation Property Auction/Fundraiser and the President’s Red Carpet Party.

The 2014 NCRA Convention may be just what you need to recharge your love of the profession, enjoy networking with colleagues, and explore the latest software and hardware innovations that our profession has to offer.