Court Reporting – Page 11

November 5, 2012 By Dawn Houghton

How To Find a Conference Room for Your Legal Deposition

Some of the fiercest competition in a busy law firm can be competition over use of the conference rooms. Some firms have complicated reservation systems in order to try to maximize use of such valuable space. This situation may have you looking for an alternative space to use for your upcoming deposition.

Or maybe you need to schedule an out-of-town deposition. Where do you begin in your search for conference room space?

Here are some places to start.

Ask your court reporter

Many larger court reporting agencies will have conference space available for your use. All you need to do when you call to schedule a deposition is let the agency know you will need to reserve a conference room. Let them know how many people you expect in attendance.

Some court reporting agencies will not only let you use their conference room but will also search for a conference room in other cities where you may need one. For instance, at O’Brien and Bails, we often will have a client call, tell us the city, and we do the legwork to find a conference room anywhere in the country. In Michigan, we have a database of conference rooms all over the state that we are search by city name or region. It’s a service we like to offer our clients that we know saves them time and money.

Borrow space from another law firm

If you refer clients, on occasion, to other area law firms, call and ask if you can use their conference room. Most law firms will be happy to oblige provided the room is not already reserved.

Ask a favor of a vendor

Your firm likely has an accounting firm or local insurance agency that you use for services. These vendors can be a good source of conference room space. Again, most will be very accommodating and lend you their conference space.

Check with local courthouses

Many courthouses have extra office spaces that you can call and reserve for taking a deposition or for client conferences. Call and see if they allow you to reserve one in advance.

Reserve a hotel conference room

Most hotels have conference rooms or rooms set up for business meetings. If you cannot find space in an office setting, a hotel conference space can be a good alternative.

At O’Brien and Bails, many of our clients ask us to help them find conference room space for depositions. We have our own conference facilities in various cities for this very purpose. And if our own conference rooms are already in use, we often help our clients find space elsewhere.

To easily schedule a deposition and reserve a conference room with O’Brien and Bails, go to our online Deposition Scheduler. Our scheduler allows you to schedule a deposition at your convenience, 24/7.

October 23, 2012 By Dawn Houghton

Top 10 Mistakes Attorneys Make in a Legal Deposition

As a court reporter, I’ve listened to thousands of depositions. My job is to take down every word so the record is completely accurate. However, there are some things attorneys do in a deposition that make it much more difficult for me to get every word. Here are the top 10 mistakes attorneys make in a legal deposition.

1. Talking at the same time as someone else. If what you are saying is something you consider important, you will certainly want it to be on the record. Your court reporter can only take down one person at a time in most instances. When you talk over someone else, you run the risk of having words missing because the court reporter cannot always hear two people at the same time.

2. Talking while the court reporter is marking exhibits. Don’t start talking before the court reporter has a chance to mark the exhibit you just handed to him or her. The court reporter’s hands need to be on the steno machine in order to record what you are saying. If his or her hands are busy marking exhibits, the words you are saying at that time are not going to be part of the record.

3. Using hand gestures to note an objection. Don’t use hand gestures when you want to make an objection. The court reporter is taking down a verbatim record, not interpreting whether you want an objection entered or are just swatting at a fly.

4. Failing to take breaks. Long extended periods of testimony can be physically exhausting, especially for your court reporter. An exhausted court reporter will have a difficult time doing his or her job. Take breaks once in a while in order to allow everyone a few minutes to stand up and stretch.

5. Bringing in lunch and continuing the deposition while eating. Don’t forget the court reporter needs to eat, too. A court reporter cannot use his or her hands to eat lunch and also take down testimony. In this situation, a reporter will have to skip lunch in order to continue writing. It is difficult for a reporter to work through their lunch when everyone else is eating theirs.

6. Failing to inform the court reporter you need the transcript tomorrow morning. Don’t wait until after the deposition has ended to tell your court reporter you need the transcript by the next morning. If you know ahead of time that you will need this transcript ASAP, give your reporter notice as soon as you can. If the court reporter is aware of the deadline ahead of time, they can make accomodations so they can more easily accomplish what you need.

7. Seating the witness far away from the court reporter. Don’t insist on seating the witness far away from the court reporter. It is easier for the court reporter to hear and understand the testimony when they are right next to the witness.

8. Forgetting to say “off the record”. Don’t forget to announce that you are “off the record” when you don’t want something taken down. It is not the court reporter’s job to interpret what should or should not be on the record.

9. Speaking too quickly. Your court reporter is good, but even the best court reporter has a limit to how long he or she can take down a super fast speaker before tiring. Remember, your goal is a clean and accurate transcript that reflects full questions and answers. It is to your benefit to speak at a reasonable pace so your reporter can easily hear and comprehend every word.

10. Allowing background noise. Barking dogs, loud fans, sirens, coughing, loud talkers in other parts of the office; all of these things can cause words to be missed during a deposition. If noise suddenly erupts, pause proceedings long enough for the noise to cease.

When any of these situations arise, your court reporter will speak up and ask that they be rectified if it is affecting their ability to take down testimony. However, it makes for a better day if the attorneys in the room are already mindful of these conditions and can eliminate them. Do become a partner with the court reporter in making a good record. It will be better for your case if the reporter is able to accurately take down the testimony.

October 18, 2012 By Dawn Houghton

Why You Should Hire a Stenographic Court Reporter

When you hire a court reporter, sometimes you’re working with a stenographic reporter who brings a shorthand machine to take down the record. Sometimes you may get an audio recorder, someone who is using a recording device rather than using a steno machine. Have you ever wondered if one is better than the other?

In my experience, stenographic court reporters produce superior transcripts to tape recorders and I only hire stenographic reporters. I have found there are many situations that may arise in which a tape recorder will not be able to create a record as accurately as a stenographic court reporter.

The biggest difference between a court reporter’s record and an audio recorder is that a court reporter takes down every word, whereas a tape recorder reproduces sound. There are a number of situations that may arise during a deposition that make capturing the record difficult. This difference in process means the outcome is sometimes different for a tape recorder versus a stenographic court reporter. Here are some of those situations.

Inaudible Portions of the Record

Often, there are circumstances where background noise makes it impossible to hear every word that is being spoken. This can happen when there is, for instance, a book being dropped on a table, coughing, papers rustling, a fan turning on in the room, or multiple parties speaking at the same time.

With a tape recording, the transcript will sometimes contain the notation “inaudible”. These are areas of the proceedings in which the recording did not pick up enough digital information to be fully transcribed. If the inaudible portion of an answer is key to your case, you’ve missed the opportunity to capture it in the transcript, and you won’t know it until days later when you receive the transcript.

In the same circumstance with multiple speakers or background noises, a court reporter knows immediately if he or she is missing what’s being spoken. A court reporter will always stop the proceedings and ask that testimony be repeated to ensure a complete and accurate record is being made. You will not find the “inaudible” notation in the transcript of a deposition taken by a stenographic court reporter.

Witnesses with Accents

A witness with an accent can be a challenge for both stenographic reporters and tape recorders. There are big differences in the way this situation is handled.

A transcript produced from a tape recording is sometimes transcribed by a transcriptionist who was not present during the deposition. This puts the transcriptionist at a disadvantage when transcribing testimony of a witness with a thick accent. If there are words or phrases that are difficult to discern, a transcriptionist will not have the opportunity to ask the witness to repeat the answer. This will again result in a portion of the transcript that will show as “inaudible” or just simply be inaccurate.

A stenographic reporter has the opportunity to stop the proceedings as many times as he or she finds necessary to ask the witness to repeat an answer. The stenographic reporter will not allow the proceedings to move forward until she or he is certain the answer was captured accurately in the record.

Reading Testimony Back During the Deposition

Another area of difference is when a portion of the record needs to be read back during the proceedings.

A tape recording is not easy to scan to find just the spot you would like to have replayed. It can be cumbersome and time consuming to wait for a recorder to review the tape to find the portion you want played.

With a stenographic reporter, if you need part of the record read back during the deposition, you simply ask your court reporter and she can visually scan her notes and quickly find the portion you would like read.

Expedited Draft Transcripts

There are times when you need a rough draft of the transcript as soon as possible so you can use it in your case preparation.

A tape recording does not allow for quick turn-around time on a rough draft transcript. The transcript is only in digital audio format until it is transcribed to text, which will likely take days.

Because stenographic reporters use computers to instantly translate steno notes to English, this means they can often provide you with a rough draft of the transcript within a few hours of the conclusion of the proceeding and oftentimes sooner.

Realtime Translation of the Testimony

There are times when it is very helpful to see the testimony as it is being given. A stenographic court reporter can use realtime translation, instantly translating steno notes to English. Viewing the written transcipt in realtime allows you to judge whether the answer given is coherent when translated to text. If it seems unclear, you have the chance to immediately clear up any ambiguities that may have arisen.

With a tape recorder, you will not have this opportunity to view the written text seconds after the words are spoken. Only a stenographic reporter can provide you this opportunity.

Streaming Realtime Testimony over the Internet, with or without Video

Let’s say you have an expert in another state – the cost of bringing an expert to a deposition would cost much more than having the expert at their office following along with the deposition via computer. With a realtime streaming capable reporter, the expert, or your associates back at your office, can see and hear the testimony as it is actually proceeding and can “talk” with the attorney conducting the deposition via private chat when they have a comment or question relevant to their case.

A tape recorder will not be able to provide this instantaneous translation be streamed via the internet to remote locations. Much more time and expense will need to be spent to bring your expert to the location of the deposition and hear the testimony as it happens.

By becoming aware of these differences in how the record is produced, you will be able to ensure you are hiring someone who will produce the best transcript of your deposition. When you are scheduling a deposition, ask whether the transcript will be taken down with a stenographic machine or a tape recorder. Let the agency know which is your preference.

To schedule a deposition with a stenographic court reporter, see our online Deposition Scheduler.

October 15, 2012 By Dawn Houghton

Jackson Michigan Court Reporter Has “Perfect Job.”

O’Brien & Bails isn’t just another court reporting firm. We are made up of individual people who happen to be Michigan court reporters. We thought we would take some time to let you get to know our court reporters.

Nicole Roe is one of our court reporters in Jackson, Michigan.

How long have you been a court reporter?
Seventeen years

Where did you grow up?
Jackson, Michigan

What changes have you seen in the industry since you became a court reporter?
When I first started court reporting, I was REAL busy. The last few years have not been so great. As of the last six months, I’m as busy as ever again, and I love it.

The software and writers are much better today. Email has been a huge benefit allowing us to work for other firms outside of the town you live in. The Internet has made research a whole lot easier for court reporters, too.

What is the best part of being a court reporter?
When your work is done, it’s done. You don’t have to sit around at a job watching the clock. Editing in your pajamas by the fireplace or proofreading in a lounge chair by the pool isn’t so bad either.

What is the most challenging part of being a court reporter?
Scheduling your everyday life around depositions that may or may not call in or confirm.

As a court reporter, what is your biggest fear?
Equipment malfunction.

What has been your most challenging deposition?
I don’t know if this is my most challenging, but it’s the one that sticks out in my mind today. Just yesterday the attorney and the witness were real fast talkers, and they wouldn’t wait for each other to finish their questions or answers. That’s very frustrating, especially when you’re there ALL day and they won’t listen to you when you tell them to stop.

Do you have any tips about work/life balance?
I always try to put my kids first. When the kids were babies, I just took one or two jobs a week. I did my best not to get overwhelmed with juggling a family and work. I was able to keep my sanity and enjoy being a mom. That time goes by fast. Now my kids are older and I take a lot more work. I have more free/quiet time to work on transcripts, and I appreciate it. I get my work done when the boys are in school, and if I have a rush, I’ll wait until they go to bed. Court reporting has really been the perfect job for me and my family.

If you would like to schedule a court reporter in Jackson, Michigan for your next deposition, go to our online Deposition Scheduler found here.

October 9, 2012 By Dawn Houghton

How to Prepare Your Witness for a Video Deposition

Having participated in many video depositions, we are often asked if we have any tips for preparing a witness for video. When planning our video deposition, here are a few areas you may want to consider.

1. Clothing: Your witness should be advised to wear comfortable but professional clothing. Avoid clothing that has a bold pattern, such as stripes. Ask your witness not to wear loud ties or large jewelry. Black or white clothing can make it difficult to get the right camera exposure. Suggest to your witness that they wear light and pastel colors with no patterns. These colors will make it easier for the videographer to capture a good color balance. If your witness is wearing a jacket, ask him or her to keep the jacket on during the entire deposition.

2. Posture: A witness should look comfortable and natural. Ask your witness to sit up in the chair comfortably with both feet on the floor and lightly rest both hands on the table. You may want to ask your witness to avoid leaning back in a chair or crossing arms.

3. Facial Expressions: The main focus of the video will be on your witness’ face. Facial expressions, such as eye rolling or grimaces while a question is being asked, can be distracting to the viewer. Suggest to your client that he or she should maintain a pleasant neutral expression while listening to questions and answering.

4. Fidgeting: Your witness may be nervous and may unconsciously fidget. Instruct your witness that, even though a written transcript will not reflect fidgeting, it will be noticeable to viewers of the video.

5. Long Pauses: Ask your witness to avoid long pauses between a question and an answer. Long pauses may be interpreted by the viewer as evasive or signify that your witness is hiding something.

6. Visual Focus: Instruct your witness to look at the questioning attorney at all times. Looking straight into the camera is not desirable. Nor should your witness look up at the ceiling or down at the table while answering questions. If asked to read a document, instruct your witness to look down while reading, then look up at the attorney who is asking questions while answering. This will allow the viewer to clearly see and hear the witness while they answer.

7. Cell Phones: Before the deposition begins, ask all attendees to turn off their cell phones or wireless communication devices. Ringing cell phones can be distracting, especially if it is the witness’ own cell phone that is ringing and needs to be silenced. Even the “silent” setting can cause interference with the audio of the deposition.

8. Backgrounds: Place your witness in front of a blank wall or neutral backdrop. Do not place the witness in front of a window or large piece of wall art. Do not place the witness in front of an area where foot traffic will be occurring. Distractions such as these will detract from your witness’ professional appearance.

9. Lighting: If the lighting in the room causes excessive shadows on your witness’ face, move the witness to a better-lit area. You don’t need to bring in professional lighting, but pay attention that the lighting that is available is not a distraction to viewers of the video.

10. Certified Legal Video Specialist: When scheduling the video deposition, request a Certified Legal Video Specialist. Specialists are trained in how to properly record a video deposition. Professional camera and microphone equipment will eliminate unwanted distractions from poor quality video or audio.

Video depositions can be very beneficial to you when presenting evidence to a jury. With these simple tips, you will be able to prepare your witness and avoid unnecessary distractions that can diminish the usefulness of your video deposition.

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