Brains, Courage, and Heart 

By Connie Psaros, RPR, CMRS, BS

I happened to see The Wizard of Oz on TV the other night, the story of the Scarecrow, Lion, and Tin Man on a journey in search of brains, courage, and heart; and for some reason I saw a connection to court reporting.

BRAINS:  Let’s face it.  You have to be intelligent to do what we do.  Just mastering the steno machine and obtaining certification takes years of arduous training and testing where nothing but 95% accuracy will do.  Judging from the very low graduation rates, not everyone has what it takes to see their schooling through to the end. 

Machine mastery, together with a solid grasp of the English language, is still not enough.  Of utmost importance these days is technological proficiency.  Brain power is definitely needed to know your hardware, software, how to hook up iPads to provide realtime, and troubleshoot a variety of technical problems should they arise.   And not to be overlooked are the different, sometimes tricky, scenarios that can unexpectedly unfold on any given assignment where we must think on our feet and make decisions using our experience and best judgment.  Court reporting is not for dummies.

COURAGE:  No matter your level of experience, courage is a mandatory trait.  We are thrown alone into the unknown on a daily basis and must face whatever lies in store.  Maybe it’s your first CART job in front of a convention audience, your first daily copy/realtime assignment, or maybe your client needs you in Mongolia, of all places, which is uncharted territory for sure on so many levels.  A lot rides on our shoulders, and few understand the pressure we face.  I know how crippling fear can be, so when I see great professionals jump in with both feet anyway and get the job done despite any feelings of apprehension, it deepens my admiration and respect for them.

HEART:  Court reporters need “heart” to produce the best product possible.  They need to care about the record and understand the weight that the parties involved will place upon it.  Mistakes made by us could have serious ramifications.  At the end of the day if all you care about is a paycheck, this is not the profession for you.  The following is a statement written by one of our exemplary reporters, Anne H. Bohan, RDR, CRR, when asked to provide a glimpse into how she views her profession.  The weight of her words should resonate with every court reporter.

“Day by day I faithfully record and transcribe the experiences of other people’s lives.  I am writing their stories as they are telling them, capturing their words for them.  I deal in real life emotions on a daily basis – joy, anger, grief and fear, the highs and lows of the human condition – and I must perform the job in a calm, stoic manner.  I feel like I have lived 1,000 lives sitting in front of my shorthand machine.

“Much of the work I do is critical; there’s a risk people will suffer if I don’t get it right.  I safeguard a litigant’s most precious possessions:  life, liberty or family.  I have great incentive to record every single word correctly.  But I invest effort, enthusiasm and joy into what I do regardless.  I embrace the responsibility.”

If there is one thing to take away from my many blog posts, this is it.  Anne’s words perfectly capture who we are as court reporters, what we do and why we do it.  It is her “heart,” along with an ample supply of brains and courage, that has propelled her career forward and made her such a fine ambassador for the court reporting profession.  Thank you, Anne.

www.doriswong.com

Do You Punctuate As You Write?

I hope you are putting in punctuation as you write.  If you train yourself to do so, it will become automatic and you won’t even give it a second thought.  If you hear the end of a sentence, put in your period.  If the witness is mentioning items in a series, you know that calls for commas, so put them in.  You may think you will be able to write faster by omitting the punctuation, but it really is counterproductive.  You will be spending valuable time after the fact, especially in a testing situation, figuring out where the proper punctuation should go.  Further, you may not think it is important, but sometimes it can prove to be critical. 

Consider the following excerpt from NCRA President’s July 2018 message.  I removed the punctuation.  How would you punctuate this passage?

“Approximately one year ago when the lights went out during the premier session in Las Vegas I quietly wondered if it was some sort of sign I had no idea what the ensuing year would hold I’ll be honest it’s been a bit of a roller coaster thankfully I have always enjoyed the thrill of a good roller-coaster ride throughout the year my President’s columns have addressed giving back gratitude adapting to change vision celebrating success moving our industry forward and living in the reality of our profession as it has evolved I am proud of our accomplishments this year they have been significant I would like to provide you some highlights.”

Punctuation2.jpg

If you don’t punctuate as you write, you will be faced with long run-on sentences that will be hard to decipher.  More importantly, there is the danger that you will punctuate incorrectly, thus changing the meaning of what was intended to be said.

The above passage may not have been so difficult to punctuate, but there will be a time when you are faced with a technical witness who speaks his own language of which you haven’t a clue.  I found the following abstract from the September 2018 issue of the Insurance:  Mathematics and Economics journal, an article titled, “Minimizing the probability of ruin:  Optimal per-loss reinsurance” by Liang and Young.  It sounds like testimony from witnesses I’ve had at the Division of Insurance.  It’s a huge challenge just getting the words down; punctuating it correctly is another story.  I’ve removed the punctuation.  Try punctuating this:

“We compute the optimal investment and reinsurance strategy for an insurance company that wishes to minimize its probability of ruin when the risk process follows a compound Poisson process (CPP) and reinsurance is priced via the expected-value premium principle we consider per-loss optimal reinsurance for the CPP after first determining optimal reinsurance for the diffusion that approximates this CPP for both the CPP claim process and its diffusion approximation the financial market in which the insurer invests follows the Black–Scholes model namely a single riskless asset that earns interest at a constant rate and a single risky asset whose price process follows a geometric Brownian motion under minimal assumptions about admissible forms of reinsurance we show that optimal per-loss reinsurance is excess-of-loss therefore our result extends the work of the optimality of excess-of-loss reinsurance to the problem of minimizing the probability of ruin.”

Have your eyes glazed over yet?

Testimony like this can go on for a full day, so it is very possible you could end up with 200 pages of wall-to-wall testimony to transcribe.  Imagine having 200 pages of run-on sentences to deal with.   Even ten pages is too much!  It is almost guaranteed that in this instance you will fail to correctly punctuate, and the testimony will prove to be nonsensical and therefore useless, causing major problems for the parties involved and YOU. 

As a reporter, you are tasked with creating a readable and accurate record.  Punctuation marks are the tools you need to do so.  If you write the punctuation as you hear it, using the inflection of the tone or pitch of the speaker’s voice as a helpful guide, you at least have a shot at correctly capturing what the witness said and meant.  Sometimes, if you don’t, as in the example above, you don’t stand a chance.

IF…

This one little word became a matter of contention between the parties in a lawsuit, and our reporter was at the center of the dispute.

This reporter has 40 years’ experience and has earned several NCRA credentials, but this little word got by her.  She did not hear the “if” in the witness’s answer.  She produced a rough and subsequently produced a 200-page final transcript, both of which did not contain the “if.” 

IFCounsel called and asked that she check her notes.  He just noted the page and line number he was concerned about and did not suggest what he was looking for in particular. 

Obviously the “if” was not in her notes; but after she checked the audio, she realized that indeed the “if” was missing in the answer.  This changed the meaning of the answer.  We notified opposing counsel of the error, and of course he disputed this newfound information.

After several phone calls and emails back and forth, the matter was thankfully resolved.  Our reporter obviously made an error, since the “if” was clearly heard on the audio.  There really was no dispute as to what the correct answer should have been.  Corrected transcripts and electronic files had to be resent to all involved.

This reminds me of another very experienced and qualified reporter, an RDR, who was challenged because of the word “a” in her transcript.  I forget the specifics of this example because it happened quite awhile ago. 

The point of all this is that sometimes it’s the smallest of words that can cause the biggest problems.  Think of all the words the reporter correctly took down that day, 200 pages worth.  She missed just one, but it was a very consequential one.  If it can happen to her, an RMR, CRR, it can happen to anyone. 

As students, you are acutely aware of this.  Each time you miss a word during testing, however small, it counts as an error.  In a testing situation the word “if” carries the same weight as a multisyllabic word. 

Of course we are only human and mistakes do happen.  Unfortunately in our line of work, it’s our mistakes that jump off the page, not the thousands of words we write correctly.  Unbelievably, on very rare occasions, 99.999 percent accuracy is sometimes not good enough.

To further emphasize just how critical the little words can be, please take a moment to read the article about a capital murder case that got rejected by the Supreme Court due to a discrepancy between the words “may” versus “must.”

Shadowing a Reporter Too Soon is Counterproductive

There are two schools of thought on this issue.  Some believe that sitting out with a working reporter at any speed is helpful.  I personally feel that you shouldn’t shadow a reporter until you have passed your 200 Q&A. 

The purpose of shadowing a court reporter is to familiarize yourself with the job, but it also should serve as a gauge of where you currently are and where you have yet to go.  If you sit out after you’ve passed your 200s, it will be a more realistic test of your abilities. You still have to pass your 225s to earn your RPR, and those extra 25 wpm are the hardest to attain!  Further, any reporter will tell you that even 225 wpm just doesn’t cut it on many days.  The gap between 180 and 225 is a big one, and sitting out at that speed would be discouraging.  Your time would be better spent practicing.

When you are ready to sit in with a reporter, you should have the mindset of putting yourself in the reporter’s place and envisioning that YOU are the reporter of record.  Learning how to swear in witnesses, mark exhibits, note stipulations, etc., is the easy part.  The hard part is creating a record.  Pretend that you are there alone.  Can you keep up?  Would you have to interrupt often?  How are you handling colloquy, the arguing, the frequent readback?  In short, would you be able to prepare a quality transcript of the entire proceedings?

Working reporters enjoy taking students out and sharing their knowledge.  This is a perfect setting to learn what you don’t in the classroom:  the reporter’s routine, tricks of the trade, use of technology.  Maybe your reporter is writing realtime for the attorneys and has provided iPads to all counsel.  You will be amazed and inspired to witness this live!  Take advantage of this special opportunity to ask your questions and get tips on what you need to do to improve.

I still remember vividly sitting out as a student.  The attorneys were always gracious, allowing me to sit in on what are always considered confidential matters.  I was grateful; they could have refused my attendance, but it was never an issue.  I was allowed a front-row seat, but I tried to be as unobtrusive and respectful as possible.  What I most remember was trying to keep up.  My fingers were still moving long after the reporter’s fingers had stopped.  I soaked it all in and took something away from every session.  Lastly, I always took a moment to thank the reporter and the attorneys for the opportunity.

Shadowing a reporter is a great experience, but it should be saved for when you are close to approaching the finish line.  At that point you’ll have more practice time under your belt and a better chance of success.  If you are not quite there yet, keep putting in as much quality practice time as you can.  Your turn to shadow a reporter will come.  I wish you all a productive learning experience out in the “real world”!

“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.