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.

ARE YOU READY TO READ BACK?

It will happen to you.  You will be reporting a difficult deposition, struggling with the accent, the speed, or the subject matter, and the lawyer will say, “Miss Reporter, can you read that back.”  The attorney assumes that you heard it, understood it, and wrote it all down.  But what if you didn’t?

There are three scenarios on readback:

  • You hit it out of the park.  You got every word and are reading back confidently, loudly, and clearly.  It is so satisfying to successfully deliver on a specific request.
  • You will have the majority of the requested question or answer, but there are some messy outlines or maybe a dropped word or two.  You are unsure it will hang together when you read it aloud.  If you are called upon to read back under this type of circumstance, my advice would be to take a few seconds to scan your screen quickly and read the passage to yourself.  Sometimes you just missed a small word that makes all the difference, or perhaps you misheard a word but it suddenly becomes clear.  In any case, read back what you have and let the chips fall where they may.  If your readback of a question indeed fell a little short, the attorney may choose to repeat, rephrase, or strike it altogether.  If you were asked to read back an answer, it is possible that the attorney didn’t understand it either and will ask the witness to repeat it.
  • You missed so much of the requested question or answer that it is impossible to reconstruct it in a few seconds.  You were going to interrupt to ask for it to be repeated, but you were asked to read back before you got a chance.  In cases like this, you can say, “I’m sorry.  I didn’t get that.  I was just going to ask you to repeat it.”  They will most likely oblige.

Readback isn’t restricted to Q&A.  As reporters we are often asked to read back colloquy.  Sometimes these exchanges are quite heated, and readback can be challenging.  They are just as vital as the questions and answers, however, as the attorneys are stating their objections and are preserving their positions for the future.  You have to be prepared to read back colloquy, too, and sometimes the exchanges can be quite lengthy.

Keep in mind that all reporters have had trouble reading back at some point.  There are so many variables that make our job difficult.  Some attorneys understand what we are up against, and some don’t.  Some care and some don’t.  You will be forgiven if it is a rare occurrence.  If you continue having difficulty, however, it will not go unnoticed.  Your agency may receive a call requesting a different reporter the next time, or you may be dismissed and replaced with another reporter that very same day.

Sometimes the reason for the readback is simply to satisfy the attorney that he has a reporter with the requisite skills.  If an attorney suspects he is dealing with a newbie, he may ask the reporter to read back random questions or answers early on to gauge whether or not the reporter is equipped to handle his case.  He would prefer not to wait until receipt of the transcript to determine if there is a problem.

So how can you increase your chances of reading back successfully?  Don’t be a mindless writer.  It only makes sense that if you pay attention and try to follow the testimony, you will have some context and point of reference from which to draw upon, and your chances will increase that you will be able to read back without error.   Also, if you make a habit of looking at your screen while you are writing realtime, you will be able to identify your misstrokes and make mental notes of what words those misstrokes should be.  Lastly, not to be overlooked is the obvious:  speed.  It is a given that the faster you can write the less you will drop and the cleaner your notes will be.

As a student, the more you read back, the better off you will be!  Practice reading back aloud everything you take.  Pretend you are at an actual deposition and see if your readback will make the grade.  Not only will it force you to confront your writing issues and improve your skill, but it will be a good exercise in learning how to keep your composure under pressure.  This will pay off in the long run.  Reading back is one of the benchmarks upon which attorneys will judge you.  Make it your moment to shine.

GOT GRIT?

Does writing on your steno machine come easily to you?  Are you passing tests fairly frequently and progressing ahead of schedule, well ahead of your peers?  If so, you are what I would consider a “natural” writer, and you are in the minority.  I know several reporters who breezed through school in as little as a year and a half.  One reporter I know passed her 260 Q&A before graduation.  Wow!

If you are one of the students in the majority, struggling to stay afloat day after day and fighting to stave off the feelings of self-doubt, you may find comfort in knowing that grit can sometimes be more important than raw talent.

I define “grit” as mental toughness, an intense resolve to succeed and the tenacity to focus and persevere despite the obstacles and distractions around you.  There are many examples of people who accomplished great things through sheer determination.  James Earl Jones overcame severe stuttering to become a famous actor;  Stephen King’s first novel was rejected thirty times, but he is now a prolific author whose books have sold over 350 million copies; and Walt Disney, despite having only an eighth-grade education and almost no formal art training, built an empire where dreams really do come true.

As a court reporting student, grit is what will propel you forward, one word per minute at a time.  Set your goals, put in as much quality practice as you can, and eschew excuses.  Do this every single day.  Remind yourself of what drew you to court reporting in the first place, and let that motivate you to dig in and press on.  It will be difficult and will require every ounce of self-discipline you have, but in the long run you will succeed.

Every working court reporter still relies on grit to make it out there.  Attorneys’ expectations are high.  There are many demands placed on them by their clients, and those demands get passed on to us.  It is our job to deliver.  The finest court reporters produce transcripts of the highest quality on time all the time no matter what.  They offer realtime services often under less-than-ideal conditions, multiple iPads at a time, some clients receiving live feeds in remote locations.  They produce daily copy of high-profile, high-stakes trials that go on for weeks.  Their raw realtime is projected on large screens in packed convention halls or on television screens across the nation, such as for the recent raucous presidential debates.  How much true grit does that take?

So cultivate your true grit!   It is never too late.  If you embrace it, it is a mindset that will take you to a higher level.   Just ask the majority of court reporters who were once in your shoes.  True grit got them through school, and true grit gets them through the most difficult and demanding of assignments as certified working professionals.