Swearing in a Witness – Treat this task with the respect and deference it deserves.

One of the most important duties a court reporter performs is swearing in a witness.  In Massachusetts, the notary laws state that a witness’s identity must first be verified by their presentation of a government-issued photo ID, such as a license or passport.  They also require that the witness be physically present with the court reporter.

When swearing in a witness, speak slowly and clearly.  Administering an oath sets the tone for the deposition.  An attorney told me once that a reporter rattled off the oath so quickly that he was compelled to ask her, “Do you want me to ask the questions that fast?”  Good point.  An oath administered slowly and deliberately will remind the witness of the seriousness of the occasion and will hopefully help to set the pace of the proceedings.

I have never forgotten this valuable piece of advice I once received on this topic:  Make sure you get an audible response from the witness.  If you receive a nod or a shake of the head, ask for a verbal response.  If you receive any other kind of response other than a “yes,” such as, “I’ll do my best” or “I guess so,” write those exact words on your machine.  In any event, after you swear in a witness, DorisWongCourtReportersmake a note to that effect somewhere, either on your machine or on your work papers, so that you can look a judge in the eye and affirm that the oath was indeed administered.

Almost every reporter at least once in their career forgets to swear in a witness.  If this happens to you during the deposition, you must alert counsel.  They will then probably ask you to administer the oath retroactively.  If you discover your omission after the deposition has concluded, then you must make that very awkward phone call to the attorneys to notify them of your oversight.  You can only hope the matter will be resolved without contention.  This is why getting in the habit of making a note that you DID swear in the witness is a good practice to follow.

I have come across several situations that gave me pause.  Be prepared with an oath to administer to a child and an oath to administer to an interpreter.  Some people would rather “affirm” than “swear” to tell the truth.  Some do not want a reference to God in the oath.  And believe it or not, before you ask someone to raise their right hand, make sure they have one!  (This actually happened)

In short, don’t be one of those reporters who indifferently spews out the oath.  Treat this task with the respect and deference it deserves.

“Your smile is your logo, your personality is your business card, how you leave others feeling after having an experience with you becomes your trademark.” ~ Jay Danzie ~

I came across this quote by Jay Danzie, and I love it because it can be applied to people doing all kinds of work in a multitude of settings. I thought it would be interesting to apply the concept to court reporters. These are my thoughts:

Your attitude is your LOGO;
Your professionalism is your BUSINESS CARD; and
Your transcripts become your TRADEMARK.

Think about it. You present at a law firm ready for work. What impression do you make? Are you pleasant and friendly, or do you grouse about your morning, the commute, the weather? Of course everyone has a bad day every now and then, but if you arrive with a bad attitude often enough, people will remember you for that. No one wants to work all day next to a sourpuss. My son’s first-grade teacher always said, “A smile goes a mile,” and it really is true! People respond positively to upbeat energy. Let this be your LOGO.

Second on the list is your professionalism. I have had the privilege of working alongside superb professionals for decades, and they all possess the same traits: a desire to excel; a commitment to learning and self-improvement; and a pledge to consistently provide a positive customer service experience. Their work ethic is exceptional. They always rise to the occasion to get the job done, even if inconvenient to them. They are our profession’s best ambassadors. Put your best professional self forward always. Let this be your BUSINESS CARD.

Lastly, what it all comes down to is your transcripts. Are they error-free? This is, after all, the ultimate goal. The transcripts, which you carefully prepare and personally certify, will be pored over months, and sometimes years, down the road. When memories have long faded, the record will stand as confirmation of what transpired. People’s lives and livelihoods depend on timely, high quality transcripts, and so does your precious reputation. Let this be your TRADEMARK.

Court Reporter Pride

Whenever I am in a deposition and look at all the participants seated around the table, many of whom have advanced degrees and expertise, I feel a deep sense of pride.  No one else in this room can do what I do!  This deposition does not go forward without me!  I can record every word spoken and quickly produce a transcript which the attorneys will carefully review and use to build their case.  They are relying on my skills to do what they cannot do, and, yes, that makes me proud.

There are other methods out there that aim to do the same thing we do, but no method is superior to the court reporter, verbatim voice-to-text specialists.  During the course of a deposition, split-second decisions are constantly being made on the fly — making briefs, distinguishing between homonyms, adding punctuation — and our amazing brains and nimble fingers work in conjunction to listen, process, and execute.  We can provide expedited delivery.  We can showcase our skills in realtime and provide usable rough drafts at the end of the day.  We can provide a secure realtime feed over the cloud directly to their laptops and iPads.  As the technology has become more advanced, attorneys have come to expect more from us, and it is our responsibility to deliver.

If we are to remain indispensable to the legal community, we must continue to embrace change, improve our skills, and stay abreast of the latest trends and developments in our profession by taking advantage of the seminars sponsored by our state and national associations.  We must also conduct ourselves in a professional manner at all times, treating all parties with equal regard and impartiality, basically adhering to NCRA’s Code of Professional Ethics.  In these ways we earn the respect of the attorneys we work with, the respect of our colleagues, and the respect of the general public.  We can hold our heads high because we know the value we offer to the judicial system and, by extension, the community at large.  THAT’S court reporter pride.

Practicing in Dive Bars

Having a son in the music business, and watching his career grow from the sidelines, has been an enlightening experience.  Unlike the court reporting profession, where court reporters are a rarity, musicians abound.  Despite this disparity, musicians and court reporters share a common challenge:  both have a high mountain to climb to achieve success.  I thought I’d share my son’s experience.  Perhaps it will inspire you in your court reporting journey.

Jay got his lucky break working at the famed Medieval Manor dinner theater in Boston as one of two minstrels.  He spent countless hours learning the script and practicing the accompanying music.  With the Medieval Manor gig as his mainstay on weekends, Jay continued writing songs and honing his guitar skills during the week.  He made dozens JayPsarosof calls a month to get gigs around town.  Night after night he would lug his equipment from one dive bar to the next for meager pay and hopefully a meal.  He would sit in a dark corner and play his heart out until closing time.  Sometimes people would listen; many times they would not.

Over the years, the dive bar gigs took their toll.  He grew impatient and discouraged.  Despite his exasperation, Jay pressed on, all the while increasing his repertoire and improving his skill.  Slowly he started to find his own voice in the crowded field of musicians.  His fan base started to grow as did his confidence.  He made some good connections which led to better paying gigs in nicer venues, more recognition, and some critical acclaim.

Incredibly, amazing opportunities started coming his way.  He was asked to co-host the first ever Levitate Music Festival featuring the Original Wailers and has since opened for Ziggy Marley, Boz Scaggs, the Mavericks, Daughtry, Los Lonely Boys, Lisa Loeb, and others at beautiful venues.  These are the gigs he always dreamed of and the gigs he lives for.

Jay’s modest success didn’t happen overnight.  It was ten years in the making.  I remember the night he opened for Ziggy Marley, psyched beyond words, only to play the next night in a dive bar for less than a handful of people.  The difference couldn’t have been more glaring.  What he realized, however, was that his Ziggy Marley gig, and all the other notable ones, would not have been possible without the grind of playing in those dive bars night after night after endless night.  It is where he honed his act.  In hindsight, it was valuable practice time, an opportunity to improvise, make his errors, learn from them, improve, and try out new material.  Jay still grinds it out every night, as the thrilling opening gigs don’t come along every day.  He is never satisfied, always pushing through the drudgery and preparing for the next unknown opportunity.

So how does Jay’s experience mirror yours, the court reporting student’s?  Practicing days on end is your dive bar experience.  Embrace it all, the ups and the downs!  This is the foundation on which your future success will depend.  Continue to work through the inevitable disappointments and set your goals.  Practice, make your mistakes, evaluate them, adjust, and improve.  The dividends will come if you continue to hone your act.  You can’t hit the “big time” as a Registered Professional Reporter without paying your dues.

Tardiness – The High Cost of Being Late

This is such an important topic, especially in this busy age.  I’m sure you know of someone who is chronically late and how annoying that can be.  Being late for social engagements is one thing; being late for a client is a whole other story.  If you hold a job, it is your responsibility to be on time.  In the court reporting world, being on time actually means getting to your assignment early.

The following verse speaks to this perfectly:

If you are early, you are on time.
If you are on time, you are late.
If you are late, you are in trouble.

As a court reporter, it is best if you get to your assignment a half an hour earlier than the designated start time.  It is always wise to account for traffic and public transportation snafus, both of which are pretty much a certainty on any given day.  You do not want to keep everyone waiting for your arrival, and you do not want a call placed to your agency wondering where you are and what your ETA is.  Not a good start to any day!

If you arrive early, it will give you a chance to set up, check your connections, troubleshoot any problems, look over any pleadings, input dictionary entries, and even relax if just for a moment.  This is valuable time to collect your thoughts and prepare for what lies ahead.  Soon people will be arriving, and you will need to properly identify them, determine whom they are representing, and note them on your seating chart.  Once this is done, everyone involved can get down to the business at hand with no time wasted.

To be early is to be on time

Contrast this scenario with one where you arrive late to a deposition.  Everyone is seated around the table ready to go.  You’re doing your best to set up quickly, and you feel all eyes upon you.  As luck would have it, you’re having a problem with your equipment.  You call for technical support and get put on hold.  Now the attorneys are tapping their fingers and checking their watches.  You finally get your issue resolved, but you can’t go on the record yet.  You still have to ask for a caption and find out who everyone is.  More time goes by, and the attorney who hired you is seeing dollar bills fly out the window because he’s paying the expert $500 an hour for his time.  To complicate matters, imagine if the attorneys had only a certain amount of time to conduct their examinations per court order, had to catch a flight at a certain time, or were paying for the video conferencing at an off-hour rate of $400 an hour.  Yes, time is money.

As a reporter, you never want to be the reason for a late start.  Why?  If you cannot be counted on to arrive at your assignments early, it calls into question your professionalism in other areas, such as your organizational/ time management skills and your attention to detail:  in short, your competence.  It is inconsiderate and disrespectful to negatively impact the schedules of busy people who need to be productive at a high level.  It also reflects poorly on the agency which works very hard to promote a professional image with an emphasis on customer service and satisfaction.

Depositions can start, and often do, with the understanding that an attorney will be arriving late, but depositions cannot go forward without the court reporter.  The reporters who work for this office would rather arrive an hour early than be one minute late.  True professionals, they realize that tardiness is detrimental to their reputations and careers, so they do all they can to ensure that they arrive to their assignments early, not merely on time.

BE LIKE “MJ”

Training to become a court reporter is so grueling, it’s no surprise that feelings of despair can become overwhelming and the desire to quit can get stronger with each passing day.   If you find yourself in this predicament, you have to stop and reassess.  Make a deliberate effort to push the negative thoughts and feelings out of your mind and dig deep to find a renewed sense of purpose.  Many have come before you, feeling as you do right now, and have found a way to succeed.  You can do it too!  Remember:  This is a marathon, not a sprint.

I am reminded once again of the following quote by the basketball legend Michael Jordan“I’ve missed more than 9000 shots in my career.  I’ve lost almost 300 games.  26 times, I’ve been trusted to take the game winninMichael Jordan2g shot and missed.  I’ve failed over and over and over again in my life.  And that is why I succeed.”

I find these words so inspiring because he actually kept track of the shots he missed and the games he lost.  Who does that?  What he doesn’t mention in this quote is that he won six NBA championships, was named the NBA Finals MVP six times and its Most Valuable Player five times.  He also doesn’t mention the fact that he is a two-time Gold Medal Olympian and the recipient of the 2016 Presidential Medal of Freedom.  He has other accolades too numerous to mention, and, oh, he has a hugely successful sneaker line too.  Good thing he didn’t let failure define him.

So how did MJ succeed?   His next quote might give you a clue:  “The minute you get away from the fundamentals – whether it’s proper technique, work ethic or mental preparation – the bottom can fall out of your game, your schoolwork, your job, whatever you’re doing.”

This is so true.  If you are not progressing as you should, you need to critically assess the three items mentioned above and identify in particular your weaknesses so you can form a plan to eliminate them.  All three are integral to your moving ahead.

Regarding your technique, it always helps to return to the basics when you are stuck:  deliberate incremental practice, emphasis on error-free writing, and readback.  Maybe you need to lower your speed to gain your bearings again.  Is a review of your theory in order?  Are you tackling those tough phrases or just letting them pass by?  I firmly believe that spending two hours working on writing an error-free, difficult one-minute take is far more valuable than spending two hours working on a five-minute take and settling for mediocrity in doing so.

Regarding work ethic, are you committed to a daily practice regimen, a minimum of two hours outside of class, even more if possible?  This takes enormous self-discipline, especially on weekends and holidays.  Making excuses can be a slippery slope.   Don’t allow yourself to skip or shorten your practice sessions.  If anything, you should be doing all you can to increase your practice time.

Lastly, evaluate your mental preparation.  Are you practicing without interruptions or distractions?  Are your electronic devices turned off and put out of reach?  Are you in the zone when you practice, giving it everything you’ve got?  It takes time to develop the mental stamina needed to concentrate for the interminable five-minute testing takes.

Despite your setbacks, try to stay positive.  Keep at it.  Don’t look too far ahead; you’ll  get overwhelmed.  Just concentrate on gaining a couple words per minute a week, and eventually you will get there.  You will drop many words and fail many tests along the way, but one day you will “be like MJ” and find sweet victory.

STEP IT UP

I was waiting in line last Sunday ordering a bagel.  The three people behind the counter were going about their duties, tending to each custom order.  As more people entered the shop and joined the ever-growing line, the staff seemed unfazed, going about their business at their usual pace.  Apparently they saw no need to speed things up to accommodate the sudden rush of business.

Can you imagine, in your role as a court reporter, operating at only one speed:   slow? Can you envision the words coming at you in quick succession, piling up one after the other, but, no worries, you keep moseying along at a snail’s pace?  Needless to say, as court reporters we have no choice but to step it up and shift into a higher gear.

Sometimes the pace at a deposition is steady, but many times it is not.  Testimony can come at you in fits and starts; it can wax and wane.  Getting into a rhythm can be difficult on days like these.  Things may be quiet speedwise, and then all of a sudden someone objects and they’re off to the races.  It is your job to adjust to whatever the speed may be:  If the pace is slow, you have to stay on your toes for the inevitable and unpredictable uptick.  If the speed is fast, you have to hang on until things slow down enough for you to catch your breath.  The more speed you have in the bank, the more adept you will be to take on whatever comes your way.

This brings to mind an assignment I shared with a fabulous colleague, Jane Williamson, RMR, CRR, on a daily copy years ago.  She would write; I would edit, sitting in the same room.  I noticed that whenever things got contentious and the pace picked up, she literally dropped her head and went into high-speed mode.  It scared me at first — I thought she had fainted! — but I noticed that she did this multiple times throughout the day.  It was such a strong visual manifestation of her bearing down, going into a deeper level of concentration, and ramping up her speed.  I mentioned this to her afterwards, and she was unaware that she was even doing this!

Of course you may not physically react as she does, but you do have to switch gears mentally to be able to dig deep and perform at a higher level.  Your current practice routine is a good indicator of how you will fare in challenging situations like this.  If you do your best to hang on even when it seems impossible, you will have a better chance of success.  This is the mindset you need to be able to perform optimally.  Contrast this with a more lackadaisical approach to your practice sessions, and I think the results will become obvious.  A complacent mindset will generate inferior outcomes.  Put another way, you will not be able to go into full-speed mode when needed if you do not train yourself to do so while in school.

Unfortunately, reporters cannot be like the one-speed-fits-all workers at the bagel shop without suffering serious consequences.  When called upon, there is no option but to step it up and deliver.