Legal Professionals

February 8, 2013 By Dawn Houghton

Streaming Realtime Transcription For Legal Depositions

Streaming Realtime transcription is the term for transcription by court reporters to deliver computer text of speech over the Internet within seconds of the words being spoken. Realtime can also mean transmitting audio and video of the proceedings. Users can see the text and video from any computer with Internet access as the witness answers questions. Streaming realtime can be viewed from any computer, whether in the same room as the proceedings or viewed remotely from another location.

Here are some of the benefits of using realtime transcription:

View text and video in real time during the proceedings.

This form of streaming transcription is accessible as it happens in real time. An attendee may not be in the same room, but through streaming realtime, they can watch from their office or remote location and see what is happening as it unfolds. No longer will you need to obtain a video to send to the party who wishes to see it.

Attend and participate in depositions from any computer remotely.

Streaming realtime can cut down on your travel time. Rather than driving for hours for a short deposition in which you are going to ask only a couple questions, you can now hire a court reporter to provide streaming realtime which you can access from your desk. Streaming realtime allows you to not only view but also participate in the deposition.

Carefully review testimony during proceedings as needed.

Unlike a regular video dep, streaming realtime allows you to see the written words on your computer screen as it happens. This can make it easier for you to follow the testimony and carefully review areas of special concern as they are being spoken.

Quickly search text during the proceedings.

As you are listening to the deposition, if you find a need to go back and review previous pieces of testimony, you can do so with streaming realtime transcription. You can then direct attention to the necessary areas of testimony, rather than wait until the transcript is prepared.

Easily search text and video, and view them simultaneously once proceedings have ended.

There may be portions of the video and transcript you want to review immediately after the deposition has concluded. You will be able to search text and video to review those portions of interest. A transcript may not be ready for several days. This feature allows you to review while the entire deposition is still fresh in your mind.

Obtain a rough draft copy of the transcript after proceedings have concluded.

If you want to send the testimony to an expert witness as soon as possible, obtaining a rough draft copy will allow you to do so. You may have a quick deadline coming up and need to be sure your witness has reviewed the testimony.

Getting Started:

When scheduling a deposition, ask your court reporting firm if they provide realtime text and video streaming. Realtime transcription is often provided at higher rates than regular transcription as it takes a more specialized and experienced court reporter, so be prepared to pay a little more for the convenience of realtime transcription.

If you would like to schedule a deposition with O’Brien and Bails Court Reporting, you can now do so online with our Deposition Scheduler. We will be happy to take care of the details for you.

January 17, 2013 By Dawn Houghton

10 Notable Legal Courtroom Scenes in Movies

As court reporters, we are very critical of courtroom scenes in movies. Often, they are unrealistic and contain inaccurate procedures. Since we see a lot of testimony, courtroom scenes in movies often do not live up to the real thing.

We’ve discovered this list of ten notable courtroom scenes. Whether accurate or not, this is a pretty good list of entertaining courtroom scenes. The next time you’re looking for something good to rent or watch on Netflix, give one of these a try.

The movies are not necessarily about the legal system themselves but still contain a memorable scene. CAUTION: there may be some spoilers here.

10 Notable Courtroom Scenes In Film
by ericvg16, November 3, 2012

10. A Tap Dance – Chicago (2002)

“Ladies and gentlemen, a tap dance.” Taye Diggs’ lead-in sets the stage (figuratively and literally) for Richard Gere’s Billy Flynn to engage in some courtroom histrionics. Claiming “I’ve never lost a case,” Flynn’s tap dance is juxtaposed with him working over Velma Kelly (Catherine Zeta-Jones) and making prosecutor Harrison (Colm Feore) look like a complete fool. He even manages to imply that Harrison is complicit in setting up Roxie. The coup de grâce is when he furiously bangs the judge’s gavel several times, and then, out of breath, turns to the courtroom and exclaims, “The defense rests!”

9. Legally Blonde (2001)

Admittedly, the movie is probably a little kitsch, but Reese Witherspoon’s portrayal of Elle Woods catapulted her into the stratosphere of Hollywood. The scene that stands out is when pool boy Enrique, rumored to be the lover of accused murderess Brooke Windham, is examined by Emmett (Luke Wilson). While getting a drink of water, Enrique snaps about not tapping her Prada shoes at him. She becomes convinced that he’s gay and lying about his relationship with Brooke. Only Emmett believes her and ingeniously baits Enrique by finally asking him, “And your boyfriend’s name is..?” to which Enrique responds, “Chuck,” thereby falling into Emmett’s trap.

8. A Time to Kill (1996)

For all of the knocks about Matthew McConaughey, his closing summation in A Time to Kill is one of his best acting performances. After floundering to save defendant Carl Lee Hailey, his character, Jake, finally hears Carl Lee’s argument that he is “one of them,” that is, a white man in the Deep South. No matter who he claims to be, Jake will still be seen as “one of them.” Carl Lee asks Jake to use that to his advantage, and Jake does so as he delivers a solemn closing argument that extols the nature of man and how pervasive double standards are.

7. Anatomy of a Murder (1959)

Played with the usual “aw, shucks” demeanor by the late great Jimmy Stewart, defense attorney Paul Biegler is assigned to a murder defendant whose wife had an affair with the victim, Quill. After being railroaded by both the prosecution and the judge, Biegler finally appeals to the judge and laments that the prosecution is presenting its case based on circumstantial evidence. He compares it to “removing the core from an apple without removing the skin,” and begs the judge to “let me cut into the apple.” After the prosecution attempts to object to his methods, the judge reluctantly overrules the objection, setting up a dramatic finish, including a fantastic summation from George C. Scott.

6. Primal Fear (1996)

Edward Norton’s film debut couldn’t have started off any better – he received a Best Supporting Actor Oscar nomination. Playing murder defendant Aaron Stampler, a stuttering altar boy, Norton is put on the stand by prosecutor Laura Linney, and, true to form, stutters, and has trouble answering her questions. Until, that is, he is pushed too far, and his altar ego “Roy,” a violent sociopath (and no stutter), emerges. He jumps over the box and begins to choke her, threatening to break her neck. This is enough to condemn him to a mental hospital. However, it turns out that it was all a ruse – as the defendant responds to his attorney Martin Vail (Richard Gere again) that “there was never an Aaron, counselor.”

5. Inherit the Wind (1960)

Both leads (Fredric March and Spencer Tracy) were multiple Oscar winners, and it shows. Based off the Scopes monkey trial, Drummond (played by Tracy) is being stonewalled by Brady (March) and the judge, so he resorts to his last option: putting Brady on trial as an expert on the Bible. Brady starts out confident, but after pointing out that “if the Lord wants a sponge to think, it thinks!” Drummond is able to trap Brady in the uncertainties of the Bible and how it contradicts itself. Ultimately, while Cates is found guilty, Drummond’s argument is enough to get him off with a slap on the wrist. A powerful performance from both of these men.

4. A Few Good Men (1992)

We all know this scene for Jack Nicholson’s memorable quote, “You can’t handle the truth!” However, the entire testimony from Col. Jessep and the cross-examination from Tom Cruise makes this scene brilliant. Additionally, Kevin Bacon, representing the military, forces Cruise to be on his toes the entire time; how he manages to trap Jessep in his lies is no small feat.

3. Kramer vs. Kramer (1979)

In actuality, both Dustin Hoffman and Meryl Streep’s testimony in their custody battle is moving and certainly relevant. However, Streep’s Joanna Kramer is able to express her love and fears and hopes for their son, Billy, all the while being badgered by Ted’s attorney. She keeps insisting that the marriage “wasn’t a success,” but the attorney argues, “Not it, Mrs. Kramer. You.” Finally, they both snap and Joanna tearfully admits her mistakes. It is likely that this scene is the clincher that gave Meryl Streep her first of three Oscars.

2. Witness for the Prosecution (1957)

This film certainly has the best ending of all these films, both for the twist and for the superb performance of Marlene Dietrich, Charles Laughton, and Tyrone Power. Defended by Sir Wilfrid Robarts (Laughton), murder defendant Leonard Vole looks unlikely to win his case when his wife, Christine (Dietrich), makes the controversial decision to testify against him (despite spousal privilege), indicating that he is guilty. After receiving a phone call from an anonymous woman that discredits Christine’s testimony, Sir Wilfrid is able to get Vole off. In a twist, it turns out that the anonymous woman was Christine herself. The ending can be summed up in two lines:

“You knew he was innocent, and I understand that.”
“No, Sir Wilfrid, you have it all wrong. I knew he was guilty.”

1. To Kill a Mockingbird (1962)

I think to many, this one was no surprise. Gregory Peck’s portrayal of Atticus Finch in To Kill a Mockingbird not only won him an Academy Award but also was named the greatest movie hero of all time, ahead of Luke Skywalker, Indiana Jones, and numerous others. While defending Tom Robinson, and knowing he isn’t going to win despite evidence that Robinson couldn’t have done it, Atticus barely raises his voice. He begs the court to “believe in Tom Robinson.” Peck’s baritone voice demonstrates everything that is indeed heroic about Atticus Finch. The ending of the scene is one of the amazing moments in cinema – as Atticus solemnly puts away his attaché case and walks out of the court room in defeat, what Reverend Sykes says next to Scout Finch demonstrates the immeasurable respect Atticus has earned: “Miss Jean Louise, stand up. Your father’s passin’.” And with that, Atticus leaves the courtroom, knowing that while he had little chance, it was his duty as a father and a man to fight for justice.

November 8, 2012 By Dawn Houghton

The Secret to Finding Michigan Court Reporters on the First Call

call Michigan court reporters How many times have you called to hire a court reporter for a deposition only to find out the court reporter you called was not available on the date you requested? Most likely your next step was to call another reporter, and another, and another until you found one that was available.

This chore of hunting for an available reporter can be time consuming and waste your precious resources that you could be using for more important tasks in running your law firm.

Wouldn’t it be better if you could make one phone call and always know you will be able to schedule a reporter for your deposition with that one call? You can! There is a way.

The secret to finding a court reporter on the first call is to call a court reporting firm that employs a large number of reporters and one that has a large network of independent reporters they work with. Find one of these firms and use them for all of your deposition needs. Here’s why this secret works.

Safety in Numbers

As the owner of a large court reporting firm, my goal is to have a reporter available every time a law firm calls to schedule a deposition. I can do this using two major strategies. One, I employ a large number of court reporters. Two, I have cultivated a network of independent reporters and other small court reporting firms.

Let’s start with the first strategy. O’Brien and Bails employs 15 court reporters. I have 15 chances of having someone available when you call to schedule a deposition. We can have 15 different depositions scheduled in one day and still cover all of them.

Strong Networks

Over the years, I have spent a lot of time cultivating friendships and working relationships with other court reporters. I have a network of independent court reporters from all over the state. I have even cultivated friendships and working relationships with reporters from other states. Having this network in place means that, should you call and need a reporter tomorrow, and all of my reporters are already scheduled, I and my staff have a large pool of independent reporters we can begin contacting until we find one that is available for your deposition.

Often a large firm offers this service because we know your time is valuable. We know it’s frustrating to have to place many calls to schedule a court reporter. We know we can quickly find you good qualified reporters, even if your deposition is out of town. It’s one of the many ways we can add value for our clients.

The next time you schedule a deposition, call a large court reporting agency. Their ability to say yes every time you call means you won’t waste precious time with this task when you could be using your time more efficiently. Calling a large court reporting agency saves you time and money.

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

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.