Blog Category: Arbitration

Planet Depos conducted a survey over the summer of 2021 to gain more insight into law firms’ attitudes toward remote depositions. Most depositions since March 2020 have been conducted via remote technology, so attorneys are more than familiar with the medium at this stage. Respondents were asked specific questions and given the opportunity to list aspects of remote or in-person depositions which most influenced their opinions for or against that means.

New Perspective – Nearly two thirds of those surveyed (59%) said their perspective on remote depositions has changed. The pandemic and resulting increase in virtual communication made them reconsider remote depositions, with 61% stating they took into consideration the potential benefits remote depositions pass on to clients. These benefits include convenience, and cost and time savings. For example, close to three quarters of respondents (71%) said prior to COVID, they spent up to $20,000 a year on deposition travel. For a third, travel ranked as the second largest deposition expense, after transcript costs. Remote depositions made a big difference in their budgets! Going forward, most attorneys prefer a combination of in-person and remote depos:

Free-Form Considerations – Respondents, when given the opportunity to list pros/cons to remote vs. in-person depositions, provided a thoughtful list.

Those favoring remote depositions emphasized the convenience for all involved. Remote depositions prove to be the best solution for participants with safety concerns amidst the COVID pandemic. Those with elderly clients or clients with serious health issues especially appreciated being able to conduct depositions without jeopardizing their clients’ well-being. Cost and time savings were again mentioned as a primary reason to prefer remote depositions.

Respondents preferring in-person depositions argued that technology can be tricky for older or less technologically savvy clients, making in-person depositions simpler for all parties. It is not uncommon to have clients who cannot access the necessary technology at home, or clients who have but cannot use the technology. Similar concerns were raised regarding the ability to focus on legal terms in a remote deposition, reasoning that it is much easier to focus in an in-person setting. The mechanics of being able to hand the witness a document to physically review was also preferred to sharing a digital exhibit on a screen.

Take-Aways – Attorneys appreciate the benefits of cost and time-savings remote depositions offer them and their clients, and many clients appreciate those advantages as well. There are two sides to every coin, and the long and short of it is that remote depositions are here to stay, and in-person depositions will stick around as well, though remote depositions will be the backbone of discovery for the foreseeable future.

With law firms and their clients growing more comfortable with remote technology, and that technology advancing rapidly, court reporting services are available to enhance the remote deposition. These services make the remote deposition as near to in-person as is possible.

For example, a firm could schedule a certified realtime reporter to provide a near-instant verbatim record, available for streaming to attorneys and their teams. A realtime feed benefits those who find it more difficult to follow a remote deposition. Realtime makes it easy to instantly flag testimony for follow-up, saves time with fewer readbacks by the reporter, and is immensely helpful to an interpreter if applicable. Realtime reporters are in high demand, so attorneys wishing to include this invaluable service should secure a realtime reporter as soon as they schedule.

To up the in-person feel of the remote deposition, schedule a technician. The technician monitors the connection throughout the proceeding, keeping all parties continuously connected. More than that, this skilled professional troubleshoots any issues a connecting party may have, and can handle exhibits, sharing and marking them as a reporter would for an in-person deposition. For anyone with a client who is nervous about a remote deposition, the technician will be a huge help.

Digital exhibits and a secure sharing system simplify the whole exhibit question in remote depositions. Talk to your court reporting agency about a cloud-based service to confidently share exhibits with ease and airtight security. Files should be protected with up to AES 256-bit encryption both in transit and at rest, protecting even highly confidential documents. Files should be accessible to cleared parties from any device. The system makes storage and management of exhibits a snap!

Planet Depos has been covering in-person and remote depositions all over the world for more than a decade. For more helpful tips, check out the Planet Depos blog. To schedule your next proceeding, contact Planet Depos at schedulenow@planetdepos.com, or schedule online.

Intellectual Property cases are intricate, highly confidential, massive undertakings. They often involve high-profile parties, source code, and international depositions. This means you need a court reporting agency with solid IP experience. You want a court reporting team equipped to handle multiple tracks, next-day rushes, strict confidentiality, cutting-edge technology, and it would be great if they have reporters, videographers, and interpreters worldwide. Not every agency can provide all of the above and more, while providing white glove service every step of the way. It’s important to be able to quickly spot the ones that can, and here is how you do that.

Cohesive Teamwork – You should see the departments working together and your account executive working seamlessly with each department to ensure everything stays on track and you stay informed. Your account executive should gather the details of your IP matter and pass those to scheduling, keeping you in the loop. A scheduling case manager should follow up with you to gather any additional information needed or to clarify details, e.g., collecting any protective orders in the matter. From scheduling, you go to production, where the production case manager will confirm particulars and establish your standing order in the matter. This ensures consistency throughout the entirety of the matter. Production’s extensive experience with IP matters means formatting is correct — from title pages and special certificates — to lines per page.

Fly to a truly global agency. When IP matters are involved, an agency with international presence is ideal, as you will likely be deposing several witnesses overseas. Does your agency have reporters, videographers, and interpreters all over the globe? Are they experts on the legality of depositions around the world? Can they guide you through the processes and protocols of depositions in Korea, or Germany, for example? Do they offer an International Depositions Guide?

Interpretation is Key. IP matters tend to involve witnesses in various parts of the world, and they may not speak English proficiently enough to be deposed in English. You want a court reporting agency with a worldwide network of top interpreters, proficient in the various dialects that exist in different languages. These interpreters must have heavy deposition experience and subject matter familiarity, if not expertise! Keep in mind, the more intricate and technical jargon-heavy the deposition may be, the more you may want to consider a team of interpreters rather than one interpreter working solo. Accurate interpretation is both mentally and physically taxing. If you anticipate long depos with a lot of highly technological language, give some thought to an extra interpreter.

Exhibits are a lot to handle. Make sure the court reporting agency makes handling all those exhibits a breeze. You want to see a court reporting agency that has thought out everything you need – limitless, secure storage, a system allowing easy collaboration and sharing with colleagues, seamless marking of digital exhibits when all parties may be remote, etc.

Realtime saves time. Make sure the agency has realtime reporters. In an IP matter, you want realtime. Particularly for interpreted depos, realtime saves a lot of time. Instantly flag testimony for follow-up! Avoid constant readbacks by the court reporter. The benefits of realtime are many. Realtime reporters, however, are not. Not every court reporter provides realtime, so do discuss this option immediately with your account executive to guarantee a realtime reporter is on your case.

It comes down to this. Does the court reporting agency know what they’re doing?  Look at their service offerings. Look at their processes. Talk to the account executive frankly about your needs, concerns, and expectations. They should be able to outline a process that makes you comfortable that this team misses no details, hears and appreciates your concerns, and has solutions at the ready for difficulties that you do or do not anticipate. You want a confident team, a team that has seen it all in their IP casework and knows how to manage all the exhibits, protective orders, parties, and details IP matters entail.

Planet Depos has been covering depositions all around the world for over a decade, leading the court reporting industry in international depositions. For questions about international depositions, IP, or to schedule your matter, contact Planet Depos at 888.433.3767, or schedule online.

Large cases involve many moving parts – tight deadlines, fast-paced and ever-evolving schedules, seas of exhibits, rosters of witnesses, etc., etc. Paralegals don’t wear capes, but every good attorney knows they have superhero-worthy organization, time management and delegating skills, to name a few. Every good paralegal knows partnering with the right court reporting agency makes managing the moving parts in an intricate case a much more streamlined process. So, what does that court reporting agency look like? You’re about to see.

Experience Matters

You do not want a novice on this case. If your large matter is Intellectual Property, you want names of IP cases the agency has covered so you know they’ve played in the league before. Look at agencies with rich case history, for example, ITC matters, IP, Big Pharma, PTAB, multidistrict and multiparty. You’re looking for evidence that this firm is well versed in large cases, and you want to see that firms go back to them again and again for their work. Check out what other law firms have to say regarding professionalism, flexibility, and expertise.

On-Point Pricing

Complex matters are expensive, and there is no way around that fact. But that doesn’t mean your client wants to go carte blanche on court reporting costs. You should be able to speak with a dedicated account executive about your and your client’s needs and expectations. They should then be able to provide you with pricing that is reasonable to you and your client because it is easy to understand.

Exhibit Management

Exhibits are a powerful component in a large case matter, but they can be a headache when they are many and voluminous! Your court reporting agency should be able to provide solutions to the exhibit storage and organization issue. Ideally you want to see a comprehensive tool for limitless secure storage of all case exhibits throughout the duration of the case. It should allow for easy and efficient collaboration, while maintaining tight security with AES 256-bit encryption. You should be able to maintain control of your exhibits in the repository, controlling who can upload, access, and view them, as well as who can send documents via secure links.

Realtime Reporting

Realtime court reporting is cool technology paired with awe-inducing skill. In a complex matter, with all those shifting schedules and rigid deadlines, realtime is a required service for the time it saves. Not all court reporters provide realtime, so make sure the agency you partner with has court reporters who are seasoned realtime professionals. You want highly accurate realtime translation in the deposition room and the flawless finals these realtime reporters can provide.

International Presence

Complex matters can see your team travel the world, so you need a team that knows all the rules and regulations wherever your case will take you. Look for an agency with international presence, i.e., experience, offices, and court reporters, videographers, and interpreters all over the globe. This is the firm with travel tips, as well as time and money-saving tips. They can guide you on everything from language to include in your court order to visa requirements to getting through security at the U.S. Embassy in Tokyo. In addition to invaluable advice on international depositions, this firm has enough teams everywhere to seriously slash travel costs. It is no coincidence that these are teams with a wealth of experience in large, complex matters.

Dedicated Case Management

Complex matters require efficient coordination between your reporting agency and your team. From the moment you partner with the reporting agency, a whole crew of case management experts should be lined up to take care of every detail. This team needs to be available literally around the clock, so no scheduling detail is overlooked, no standing order item (or change!) is missed, and the response time and live support is there when you need it. Your dedicated case manager works closely with your firm and your account executive to guarantee your expectations are exceeded at every opportunity.

Planet Depos has developed large casework expertise through years of experience, with best-in-class court reporting, cutting-edge technology, and an ability to adapt on the fly with the thrill-a-minute schedules complex litigation entails. With a global network of court reporting professionals, Planet Depos is poised to provide first-rate coverage, wherever your matter takes you, either in person, or via secure remote technology. For more information or to schedule, contact Planet Depos at schedulenow@planetdepos.com, or schedule online.

Are you feeling like there are not enough hours in the day to get transcript pages produced?  Is your inbox full of requests to move this transcript ahead of that one because someone just realized they have a hearing coming up?  Are you simply fatigued from being overworked because there’s more work than reporters?  Here are some thoughts on a strategy you may wish to consider to lessen the stress and keep your clients happy and impressed that you can always come through for them.

Stenograph and Advantage Software both offer a solution that is revolutionizing how busy reporters keep pace with the demands of transcript production.  For Stenograph the product is called RealTeam; for Advantange Software the product is called ConnectionMagic.   Both vendors have created a product that allows your scopist and/or proofreader immediate access to your live file, including your audio backup.  Have you considered how your transcripts could look, whether or not providing realtime, if your scopist is editing as you are writing a job?  Not only are you looking like a fabulously organized and professional reporter, but your transcripts are produced much more timely and efficiently.  Additionally, your scopist has the ability to ask you a question on the spot about a spelling or a technical term which, in turn, you may clarify with the witness or counsel at the next break.

Let’s go one step further:  What if your proofreader could be proofreading the same job right behind your scopist?  Can you even conceive of this possibility?  Well, it’s reality!

How might your life change if at the end of each day your job was already scoped and proofed and ready for you to finalize and turn in?  Suddenly, that backlog that has weighed so heavily on your mind for months is a thing of the past.  Now you are free to write every day knowing that your support folks are working in the shadows, and at the end of the day when the client asks how soon the transcript can be delivered, you’ll proudly say, “I can deliver it in a few hours.”   Not only have you made a client very happy, but you now can charge expedited rates.  A win for everyone!

If you would like to learn more about these products, please visit this link for information about RealTeam and this link for ConnectionMagic.  And watch your e-mail for an upcoming Planet Depos webinar showcasing realtime reporting teams who have mastered simultaneous transcript production.

Court reporters are the undisputed “keepers of the record.” Their impartiality is one of the three legs upon which the American justice system stands. Knowing what to do and when to do it in order to maintain that stature is critical to the stability of the legal system.

We compiled a few of the more common scenarios that our court reporters face in their everyday work. The actions they take either ensure or jeopardize their neutrality and integrity in conformance with NCRA’s Code of Professional Ethics (COPE).

Scenario 1: Non-Verbal Witness Responses

Often court reporters will come up against this one. Witnesses, while usually directed by their attorney otherwise, like to respond with head nods, gesturing, or other non-verbal responses.

It is not the court reporter’s role to serve as an interpreter as to the witness’s intended response.  Likewise, it is not their role to prompt the witness to give a verbal response.   In fact, it is the role of the lawyer(s) to prompt a verbal response from the witness.  If the lawyer does not prompt the witness, the reporter is obligated to indicate in the record “No verbal response.”

COPE Advisory Opinion 31 supports this behavior, indicating “When a reporter is intentionally placed in the position of being a factual witness at the direction of counsel for one party, that reporter may be viewed as an advocate for one party over the others. The reporter thus loses the impartiality mandated by Provision No. 1, creates a conflict of interest (Provision No. 2), and generates the appearance of impropriety (Provision No. 3).”

Scenario 2: Going Off the Record

One party will often request that the court reporter go off the record, but the other party or parties do not agree.

As the keeper of the record and officer of the court, court reporters are not to go off the record until all parties agree. It is the job of the lawyers to come to an agreement, and you must keep the record open until that occurs.

This is supported by COPE Advisory Opinion 6, which states that a reporter must be “fair and impartial toward each participant in all aspects of reported proceedings and maintain the integrity of the reporting profession.”

Scenario 3: When To Provide Deliverables

One side may reach out to the reporter to provide them with a copy of the transcript, exhibits, or audio for review prior to it being available to all.

In order to maintain impartiality, reporters must never provide any type of deliverable to one party or to a third party for review prior to making it available to all the parties.

Providing them to one party first would be in violation of COPE Provisions 1, 2, 3, 4, and 9, which speak to the importance of neutrality, to the security and confidentiality of all the materials in their possession, as well as to the fact that one must be vigilant and guard against “not only the fact, but the appearance of impropriety.”

Scenario 4: Giving Opinions on a Case

At the conclusion of the deposition, an attorney may ask the court reporter for his or her opinion of the witness.

Once again, to the point of neutrality, a court reporter must never offer personal opinions about any aspect of a case.

Providing a party with a personal opinion would be in violation of COPE Provisions 1, 2, 3, and 9, which speak to the importance of impartiality and integrity of the profession.

Court reporters not only preserve the integrity of the profession, they ensure that every litigant receives “Equal Justice Under Law.”