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Blog Category: Arbitration

Court Reporters and the Speed of Speech

In May of 2011, the National Court Reporters Association issued an abstract on Court Reporting Education in the United States. After much investigation into the state of reporting in America, the abstract concluded that “the skilled and qualified reporter will continue to be the superior method of verbatim record preservation and retrieval available now and for the foreseeable future.”

The abstract points out that “the most important accomplishment” relative to the court reporting profession in the last 100 years “on the education front was NSRA’s (now NCRA’s) creation of the Committee on Certificates of Proficiency.”

At that time, the Committee established criteria for the very first Certificate of Proficiency for machine shorthand writers, certifying reporters at 160 wpm for literary dictation, 180 wpm for jury charges, and 200 wpm for Q & A.  That was then. Now, the first-rung certification, the Registered Professional Reporter (RPR) exam, requires reporters to stroke 180, 200 and 225 wpm with 98.5 percent accuracy. That change came about because, on average, people now speak more than 160 wpm. In fact, according to this CBC News Canada article, elementary school teachers speak at an average rate of 180 wpm, leaving many children struggling to “take in” what the teacher is trying to teach, as the human brain processes speech most efficiently at between 124 and 130 wpm.

Here in the States, Andrew Dlugan published, “What is the Average Speaking Rate?” and in that article he pointed out that while Al Gore’s average speaking rate ran 133 wpm, Jacqueline Novogratz averaged 188 wpm, eight words per minute beyond that which NCRA certifies its RPRs.

To address this issue, the Illinois Court Reporters Association now administers its certification exam at 200 wpm; and the California Court Reporters Associations certifies its realtime writers at 200 wpm.  What this means for new and veteran reporters alike is one can never get lackadaisical about their writing. As Paul Smakula, one of Planet Depos newer reporters (3 years in the profession), put it, Don’t think that you’re done practicing because you passed all your tests!” Rebecca Stonestreet, a 19-year veteran reporter with Planet Depos suggests “always keeping your skills honed,” and Alda Mandel, with 36 years in the profession, suggests that the most important investment a reporter can make is “Time. Time to review/revise” their writing.

Apparently, “Technology is Turning Us Into Faster Speakers,” and because technology drives the business world today, as Planet Depos reporters put it so well, by investing the time it takes to not only keep up, but be comfortable with the “new average” speaker, we can and will remain the most efficient means of creating a verbatim record.

2014 Projectors for Court Reporting Professionals

In the market for a new projector?  Well, be sure to do your homework before purchasing, because having the right projector for your needs is an important part of your success.

These days, there are so many projector options to choose from, that it’s hard to wrap one’s mind around the possibilities, so Planet Depos did a little research, and here’s what we found.

Firm owners who are looking to set up conference rooms with in-place projectors no longer need to look solely at expensive, heavy projectors in order to provide their clients with excellent sound and vivid displays for videoconferencing. Projector Central’s top pick of 2014 is the Epson EX6220 WXGA 3LCD Projector, which provides a 3000 lumen color/white display, a 1280 x 800 WXGA (Wide Extended Graphics Array), weighs a mere 5.29 pounds, measures 11.6″ x 9.0″ x 3.1″ (W x D x H), and may be purchased for under $600.

CART providers who travel to their assignments by car and don’t mind the weight and measurements of the Epson EX6220 would do well to utilize it on the job. But reporters who rely on public transportation and need the convenience of a more compact projector may want to consider CES’s 2014 International’s ultra portable projector picks: the BenQ GP20 or the Vivitek Qumi Q7. These lighter weight, compact projectors do not have the 3000 lumen output of the Epson EX6220, but they do have a 700 lumen display on the BenQ GP20 and an 800 on the QumiQ7. Because of their lumen limitation, however, CART providers are advised to pre-test these units on site for adequacy in presentation before relying upon them for convention assignments. If the assignment is slated for a large ballroom, and there is no opportunity to pre-test, going with the less compact unit with the brighter, more vivid display is always the safest route.

Court reporting marketing professionals who like to travel light may enjoy the Dell M115 HD Projector. It weighs less than a pound, offers the user PC-free presentation options, connects to most mobile devices, and offers the versatility of multimedia presentations from cameras, DVDs, DVRs, and video game consoles.

Court reporting students, on the other hand, who really aren’t ready for the meeting and convention world, but want to have fun viewing what they write in a big way on their dorm room wall and don’t have to worry about the lumen output may want to consider Wirecutter’s pick, the Brookstone HDMI Pocket Projector. It will transform a student’s dorm room into a home movie theatre in no time flat, making it perfect for work and home.

International Arbitrations in Japan

Recently Planet Depos’ on-the-ground U.S.-Certified court reporters provided realtime services for arbitrations before the Japan Commercial Arbitration Association (JCAA).  Each proceeding was a multi-day matter involving highly technical terminology requiring immediate delivery of the rough, uncertified transcript with the final, certified transcript delivered via email nightly.

Our tech-savvy court reporters set up 12  laptops and tablets so that all of the parties present were able to view the proceedings in realtime, eliminating the need for an on-site technician, the cost of which is usually passed along to the parties by other court reporting agencies. This setup allowed users to annotate and search the raw feed from the court reporter, which assisted with their questioning of the witnesses.

The parties also requested multiple hardbound copies of the transcript of the previous day’s proceedings be delivered before the following day’s testimony began. This was made possible by the simultaneous streaming of the realtime proceedings to the court reporter’s editor with meticulous coordination among the Planet Depos-American Realtime Case Manager, on-the-ground liaison, and local document vendor, to ensure timely transcript delivery.

The demands of a complex cross-border dispute require talented and experienced legal teams.  As your international arbitration partner, Planet Depos is able to meet those demands around the clock and deliver beyond your expectations, even when you are thousands of miles away from your office.

Planet Depos Celebrates National Court Reporting & Captioning Week

In recognition of National Court Reporting & Captioning Week, Planet Depos salutes all court reporters, past and present, around the globe. Here we spotlight three of our own, as well as a student soon to join the ranks of professional court reporters.  Allow us to introduce Paul Smakula, three years in the field; Rebecca Stonestreet, 19 years; Alda Mandel, a 36-year veteran; and Laci Tang, who is currently a student working at the 180 wpm speed level. We asked them a few questions about their careers and wish to share their insightful responses with you here.

Planet Depos: What inspired you to become a court reporter?

Laci: I was taking classes at my local community college and a woman came in and spoke to my class about careers with the deaf and hard of hearing. She mentioned court reporting, more specifically CART providers. I was very intrigued. I went home and did some research that evening and enrolled in school a few weeks later.

Paul: A desire to do something vastly different than the typical 9-5 day I previously had.

Rebecca: I was temping as a receptionist at a law firm during college, and the lady who came to replace me had been a receptionist at a court reporting agency. I was aimless in college, didn’t really know what I wanted to do, and she went on and on about the flexible schedules the reporters had, how much money they made, so I went to an open house at the court reporting school in Austin, got excited about it, and started school two weeks after I got my college degree.

Alda: Unhappiness in my prior job spurred me on to looking for a new career.  My sister had suggested that I might make a good reporter, as I had taken six years of piano lessons and was “good with my hands.”  I wanted a job that gave me flexibility in terms of the amount of hours I worked (when I wanted children), that afforded me the opportunity to live almost anywhere in the U.S., and financial security.

Planet Depos: Laci, what do you find to be the most challenging part of your program?

Laci: The most challenging part of my program is speed building. I struggle with committing myself to high speed practice and not just practicing what I feel comfortable with.  I start to get frustrated when I feel like it’s physically impossible for my fingers to move any faster, although I know it is. When this happens, I tend to listen to slower dictation so I can say I have put in the hours of practice.  I hope to soon overcome the 180 hump and join the working world!

Planet Depos: What do you know now as a working court reporter that you wish you would have known as a student?

Paul: I wasn’t quite prepared for just how hectic things can be as far as running from job to job and being ready to leave for a job at any moment of the day.

Planet Depos: What do you find to be the most challenging part of your job?

Paul: I would have to say accents and/or trying to make sense of broken English and incomplete sentences.

Rebecca: Having to sit for long periods of time.

Alda: Writing when people speak 300 words per minute, mumble, and/or interrupt each other.  After years in this business, I am not afraid to speak up when conditions are insane, but find it very frustrating that people usually don’t alter their way of speaking.  Their unresponsiveness translates into a feeling of lack of respect and understanding for what I am being hired to do.

Planet Depos: What do you enjoy most about your reporting program?

Laci:  I enjoy the interning portion of my program immensely. It is fascinating to see reporters work and be able to catch a glimpse of what this career holds for me.  Every reporter that I have gone out with has been very kind and very helpful. I can’t wait to one day pay it back to a student reporter.

Planet Depos: What is the most enjoyable part of your job?

Paul: I never stop learning! Whether it’s familiarizing myself with the medications a doctor was prescribing, or learning a new brief for a word or phrase I’ve been struggling with, I am always learning something.

Rebecca: Doing something different every day.  While the technical aspects of the job are fairly consistent, I go somewhere different, meet different people, and hear about different things – usually learning at least one thing I didn’t know before – every day.

Alda: I love the variety, the lack of routine, going to different places every day, handling all kinds of cases, learning new things, meeting new people, working long days, working short days, being able to take days off when I want.  While the job is mostly skill-related, I am a people person and love the interaction with people from all walks of life on a daily basis.

Planet Depos: What advice do you have for those considering entering a court reporting program?

Laci: Do your research! Make sure you know what you are getting yourself into. So many schools tell you that this program takes two years. It takes most people longer. Many schools will tell you what machines to buy and software to purchase. I really wish someone would have told me that there was more than one option for those things when I started. Attend conferences, join state and national associations, and network. Chances are someone else has had the same question or felt the same way. There are so many willing to help if you just ask.

Planet Depos: What advice do you have for students and those just breaking into the field?

Paul: Don’t think that you’re done practicing because you passed all your tests! Even doing 20-30 minutes every morning will do wonders for your writing. Don’t lose your confidence.  You’ll have jobs that will be tougher than others, but you can’t get down on yourself.  Start writing down your own answers to these questions!  It’s a lot harder to think of some later on if you haven’t!

Planet Depos: How has realtime affected your career?

Alda: Doing realtime for myself has improved my writing tremendously and considerably lessened the amount of time I spend doing “homework,” editing transcripts.  I have not marketed realtime to attorneys, although I have passed the CRR exam.

Rebecca: Putting aside the extra income doing realtime brings in, both in court and in the freelance world, I believe it has put a spotlight on the true value of a live court reporter as opposed to electronic recording.  The reporter is kind of a silent “observer” to some extent in a deposition, and especially in a court setting, at most interjecting every now and again (hopefully not!) or marking exhibits, et cetera.  Realtime brings the proceedings to life right in front of the participants’ eyes, showing the real benefit of having an experienced and knowledgeable person taking down what they’re saying.  I believe the future of court reporting depends on reporters providing realtime.

Planet Depos: What are the most valuable investments, financial or otherwise, a court reporter can make to enhance his or her career?

Rebecca: Spending time to perfect your skills.  Even after almost 20 years of reporting, every day I come up with a shorter way to write a word or phrase so that I won’t get tripped up, thus making a cleaner realtime output, and cutting down on the time it takes to produce a final transcript.  The most valuable investment is your personal time, staying on top of technology and keeping your skills honed.  It saves time in the long run, and hopefully it will extend your court reporting career.

Alda:  Time.  Time to practice, time to review/revise my writing, time to support the NCRA and related activities that keep court reporting alive and well. And maybe time to meditate to better face my realtime fears and form new positive, fearless pathways in my brain!

Planet Depos: What do you most look forward to in working as a court reporter?

Laci:  I can’t wait for the flexibility and the many different opportunities this career field offers.  I look forward to the possibility of traveling all over the world, perhaps working in Congress, or from home in my pajamas!

Improving Your Realtime Feed

Are you not seeing sufficient improvement in your realtime feed?  The first step to getting that clean, crisp realtime feed you’re looking for is to critically review your writing. Are you continually dragging certain keys, causing unnecessary untranslates/mistranslates? If so, you’ll want to do any one or more of the following: a) change the steno outline; b) dictate practice tapes for yourself incorporating those words, and practice stroking them until you can write them cleanly; or c) enter those misstrokes into your dictionary. The problem with entering misstrokes into your dictionary is that it does not encourage you to clean up your writing, so that should be a last resort. Finally, misstrokes have been known to cause quite a stir in television and convention reporting, so reporters should do whatever they can to eliminate them.

Word-boundary issues, where prefixes and suffixes attach themselves to the wrong word, still plague many reporters who were not taught a computer-compatible theory. Eliminating word-boundary errors entails differentiating those prefixes and suffixes when writing. Phoenix offers some suggestions in this article for differentiating the word “come” from the prefix “com.” The key to eliminating this issue is to take it slowly. Begin by selecting the most prevalent prefix/suffix/word boundary issues, record yourself using those words, practice that dictation, incorporate it on the job, and when those feel natural to you, move on to the next set of “issues.”

If you realize that you’re struggling to write certain multi-stroke words, it might be wise to shorten the outline.  As suggested for the word boundary and shadowing issues, begin by targeting a few words or phrases, practice with your home-made dictation, begin using those strokes on the job, and when they become automatic, you can move on to the next set of issues.

Outputting a clean realtime feed can be a challenge, but with a little review, tweaking, patience, time, and determination, you’ll be surprised at the improvement you’ll see.

National Court Reporting & Captioning Week 2014

Last year we court reporters of America finally got what we deserved: The spotlight, as the U.S. proclaimed its very first ever National Court Reporting & Captioning Week. This year, as we prepare to celebrate our second annual National Court Reporting & Captioning Week, Harry Reid caught our attention with his address honoring both retiring Senate reporter, Joel Breitner, and the reporting profession.  This was thrilling, as it occurs just before our upcoming National Court Reporting & Captioning Week February 16-22, 2014.

In his speech beginning at the 24:50 mark, Reid talks about how “court reporters work very, very hard,” how “they transcribe every word we say,” and punches up that endorsement with, “There are times I wish they hadn’t.” Reid continues addressing the Senate, discussing how Hill reporters like Breitner saw much innovation and history in their capacity as Official Reporters for the United States Senate, but how that sometimes involved “days without going home,” yet “they never missed a beat.”

Reid reminisced about how it used to be that Senate reporters would have to first take everything down stenographically and transcribe their notes later, as his brother, 22 months his junior, did when he was a reporter. Now, however, Reid talked about how thanks to the “modern miracle” of computer-aided transcription, Senate reporters like Breitner can literally have their notes translated into English as they are writing. In fact, he pointed out that Joel was one of the first Hill reporters, if not the first, to embrace computer-aided transcription.  He went on to expand upon Joel’s role not only as a court reporter, but as an eyewitness to “countless historic events,” including Clinton’s first inaugural address, and he congratulated him for his “very distinguished career.”

National Court Reporting & Captioning Week is still new, so many reporting and captioning organizations and schools don’t exactly know what to do to celebrate this occasion. The Greater Washington Shorthand Reporters Association came up with an amazing idea, “Shadow a Court Reporter Week.” Their goal in this project is to bring attention to the profession and to spread the word about the good work reporters do. St. Louis Community College will be sponsoring and broadcasting live on the Internet, with captions, its “Career Connections” program, spotlighting freelance and official court reporters, broadcast captioners, and CART reporters.

Thanks to the efforts of our state associations and colleges both during National Court Reporting & Captioning Week as well as year-round, word is getting out that court reporters not only make the appeals process possible, but they also caption for television, provide communication access realtime translation for the deaf and hard-of-hearing, and are an integral part of the entire legal process. Court reporting is not merely a job, it’s a profession, one to be proud of, with opportunities in almost every state in the nation, one that can last a lifetime.

Remaining Upbeat after Reporting Sad Proceedings

As court reporters, we hear so many emotion-laden stories every day, that oftentimes we carry home some heavy emotional baggage. So the big question is, how can we unburden ourselves after being a witness to so much?

Noted psychologist James Laird suggests that we begin by smiling, because a direct result of our smiling is that we actually feel happier. In fact, if we behave in an upbeat manner, ultimately we will discover that we are upbeat. Edward T. Creagan, M.D., of the Mayo Clinic, reinforces this approach in his article, “On the Path to Finding Happiness,” as he notes that 40 percent of our happiness stems from how we relate to things in life that can set our happiness quotient back.

Experts at Health.com suggest that we combat these types of stressors (life downers) by: getting outdoors and taking a 15-minute walk; taking some deep, cleansing breathes; engaging in fun activities or hobbies; and, of course, exercise.  The Mayo Clinic staff also suggests turning to close friends and family, as “studies have demonstrated that having a network of supportive relationships contributes to psychological well-being.” In fact, if you can get or give a hug, give one or get one — the happy hormones that hug creates can change your mood for the entire day.

The key is finding out which approach will work to help catapult your mind/emotions out of that darkness and into a healthier emotional place. Once you’ve discovered that, don’t put it off.  People who are happy live 35% longer, which is wonderful inspiration to pay attention to your emotional status, and work to keep it healthy.

If these tips aren’t helping you leave that emotional testimony behind, you’ll want to seek the guidance and advice of your physician.

Preventing Court Reporter Burnout

Preventing Court Reporter Burnout

Burnout syndrome, while not yet clearly defined by the scientific community as a “disease,” can literally knock a person right out of their chosen profession. For court reporters who tend to work day and night trying to “catch up” on a regular basis, that concern is very real.

All court reporters have felt physically exhausted at one time or another, but “burnout” is more than that.  It comes with feelings of physical, mental and emotional exhaustion, a need to detach or distance oneself from everything and anything work-related, difficulty concentrating and even listlessness. The best way to prevent burnout is to make home-life and work changes even before you begin to exhibit any of these symptoms. Unfortunately, because most of us tend not to recognize the effects of prolonged stress until we’re already feeling frustrated, exhausted and overwhelmed, we don’t typically do anything about it until we’re halfway there.

So what’s a reporter to do?

  1. Start by making yourself a priority.
  2. That begins with learning to say “no.” If your judge or freelance agency insists that you have to be the one to go out on a specific assignment or into court, let them know you’d love to help, but that right now you just can’t.
  3. If you’ve been doing all your own editing, research and proofing, hire scopists and proofreaders.
  4. If you feel you “can’t afford” to hire help, consider lowering your monthly expenses by downsizing, maybe your car or moving into a smaller home or cutting out extraneous expenditures.
  5. If you’re “doing it all” at home, have a sit-down with your spouse/partner and children and let them know you can’t be the only person doing everything. They have to help.
  6. Get enough sleep. Sleep deprivation is very dangerous and can be very harmful to your health.
  7. Find something that helps you decompress, and do it. Don’t say “I’ll do it tomorrow.” Start today.  That may mean taking daily walks, exercising, meditating, knitting, or painting. Whatever you choose to use as a decompression mechanism, incorporate it into your daily routine. Make it a priority, and don’t lose sight of the how important it is to your well-being.

Court reporting is an awesome profession, but because it comes with having to meet so many deadlines so often, it can actually sideline us if we don’t pay attention to ourselves. Pay attention to what’s going on with your body and mind, and take good care of yourself. After all, you’re a court reporter —  you deserve it!

The Amazing New Text on Top Software Platform

For court reporters who haven’t yet discovered Text on Top (TOT), it is a software platform created in Europe that was initially marketed to captioning reporters, but is now making its way to the U.S.; and realtime reporters are only now discovering its versatility and application possibilities.

It requires no downloading of software onto counsel’s computer, only the reporter’s; and it enables the viewer to read whatever is on the screen as the reporter’s realtime feed streams along the bottom, top or middle of the screen.

The way it works is the reporter plugs one wireless TOT USB into their computer, another into the viewer’s, and launches the application. The TOT USB then feeds the reporter’s output to the viewer’s in front of whatever software counsel may be viewing. For example, counsel may want to be marking the realtime text in CaseView, but then tab out of CaseView to view exhibits, photos and documents in another window. In that case, the realtime will continue scrolling along the bottom of the viewer’s screen via TOT, interfering in no way with any of the software applications that are running behind it. Never before has counsel had the ability to move from one document to the next during trial and deposition while continuing to follow the text without having to split the screen.

Computer-assisted realtime translation (CART) reporters who follow students from class to class and convention reporters have already embraced the usefulness of TOT, as it enables students to type notes and view documents in full-screen mode, and convention speakers to give their PowerPoint presentations as the captions continue streaming at the bottom of their video display unit (VDU).

Another impressive aspect of TOT is its price. For reporters who need only one USB for their computer and one for the presenter or student, their investment will run them $299. Each USB beyond that will be another $100.

For counsel afraid to “deal” with realtime software viewers and make the leap to full legal support software platforms, TOT is a great alternative. They have nothing to do but enjoy the advantages that a realtime feed provides. Because Text on Top makes realtime so easy for both the reporter and counsel, now anyone and everyone can benefit from the reporter’s realtime feed.

The Secrets of Thorough Proofreading

No proofreading software can detect all the grammar and punctuation errors that a good human proofreader can, at least not according to Dean Evans of Good Content Co., who ran a snippet of text through the most popular proofreading programs marketed today, and discovered that his wife, a copy editor, found each and every error, while each of the software programs failed to even come close to her proof.

So how does one go about ensuring that work product goes out perfectly both in context and form? For the best results, text should be sent to an additional reader, because any piece of text viewed with a new set of eyes is better than one that is simply re-read by its originator.

Since so much of the work we do as court reporters must be turned around within days – or less – oftentimes we’re left with having to proof our own work. If that’s the case, the first rule of thumb a reporter should follow is to print out your initial edit as you work your way through it, so that as soon as you’ve completed that first run-through, a hard copy is sitting in your print tray ready to be proofed. This may sound a bit outdated and a waste of time and money, but study after study indicates that we “take in” more of what we read on paper versus a VDU (video display unit), that we process it more efficiently, and are thus more readily able to detect grammar and punctuation errors.

Now that you have that transcript sitting on your desk, walk away. Get a cup of coffee or tea. Read your child a short story or walk your dog. Whatever you do, don’t begin proofreading immediately. You need to be able to proofread the text with a bright red pen/pencil, a fresh set of eyes, and without fatigue.

Finally, sit down at a desk in a comfortable chair, in a quiet spot in your home, and using whatever set of proofreading marks you are most comfortable with, read your transcript out loud,  handwriting your corrections. If you have problems determining how to properly punctuate a passage, listen back to the audio so that you can hear the speaker’s cadence. That may in and of itself clarify whether a period, semi-colon or a dash is the best route. If you’re still unsure, use online punctuation guides.

Any terms that are unfamiliar or that you had to ask the witness or counsel to spell should be double-checked. They may think they know how to spell a word, when, in fact, they’ve been misspelling it for years.

Words that may be one word in some situations and two in others should be given close scrutiny. Remember, your reputation lies within each and every transcript, so give it the time and attention it deserves. Your clients will thank you and will ask for you time and again because of your conscientiousness and attention to detail.

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