Protect Your Client. Protect Your Record.

Protect Your Client. Protect Your Record.

Can we have a word?

You may be receiving marketing materiSteno machine standardals and sales pitches from national court reporting firms about alternative ways to preserve testimony at your depositions, namely “digital reporting.”  They are suggesting you change the language of your deposition notices to “broadly reflect variable methods  of capture.”  Perhaps you haven’t heard a thing about this yet.  Either way, it’s important that you are fully aware of some of the complications of this emerging practice.

These national firms are suggesting that digital reporting at a deposition is comparable to having a stenographic reporter present at the deposition.  They are suggesting that a shortage of stenographic court reporters has created a need for this alternative method of preserving testimony.  They are suggesting that this will assure you coverage for your depositions.  We disagree with this stance and we feel very strongly that the stenographic profession is strong, very capable, and committed to the service we provide to the legal community.

While we are not seeing these challenges in the Ohio area yet, there are cities across the country where attorneys that are required by their client to use these large firms (an issue for another day!) are facing the challenge of getting their depositions covered with stenographic reporters, thereby having to reschedule or cancel them.   There are several reasons some of these national firms have trouble finding court reporters to cover these jobs, including low rates to the court reporter due to contracting with insurance companies and corporations.

As a local, court reporter-owned firm with over 30 years of experience, we want to make sure you have enough information to understand the complexities of this situation if you’re ever faced with it, either in Ohio or when traveling to other cities for depositions.

In the states that have court reporting certification and professional standards, such as California and Texas, having a digital “reporter” present at a deposition could jeopardize your record, your case, and your relationship with your client.  In California, stenographic reporters are licensed by a board in the same state department that regulates CPAs, physicians, and other professionals1.  They are subject to discipline by that board for their conduct.   Machine operators or digital recorders are not trained, certified, or regulated in any way by the state.

According to the Deposition Reporters Association of California, when you agree to utilize a digital reporter for your deposition in California, you run the risk of the following:

Here are just a few advantages of having a stenographic reporter over a digital reporter, regardless of where your deposition is held:

The bottom line here is that there are still many qualified, certified stenographic court reporters available for depositions across the country.  Don’t let the national firms scare you into changing your deposition notice language to include “digital audio equipment or any other alternative means of capture.”

Choose a licensed or certified stenographic court reporter for your record every time.  If you’re traveling to other cities or states for your deposition, be sure to request a “stenographic court reporter” when scheduling with your chosen court reporting firm.  If you ask for a certified stenographic court reporter (whether certified by the state or NCRA), you can be assured you’ll receive a quality transcript, which is exactly what you and your client deserve.

ABOUT THE AUTHOR:

Angie Starbuck, RDR/CRR/CRC is a court reporter in Columbus, Ohio, and the owner of PRI Court Reporting, LLC. Connect with her on LinkedIn.  You can also follow PRI Court Reporting on Twitter and Facebook.


1Deposition Reporters Association of California, Inc., www.caldra.org

2There are many, many examples of malfunctions. Here is an excerpt from a 2012 case in New York involving a prisoner: “[t]he petitioner’s transcriber documented numerous and lengthy gaps in the hearing tape, which rendered much of the transcript unintelligible. Based upon the foregoing, the Court found that the condition of the transcript was such that it, indeed, precluded meaningful review of the disciplinary determination.”

3CCP section 2025.340(m): “ … If no stenographic record of the deposition testimony has previously been made, the party offering an audio or video recording of that testimony under Section 2025.620 [impeachment] shall accompany that offer with a stenographic transcript prepared from that recording. (Emphasis added.) “Audio or video recordings made by the parties or by the deposition reporter … are not considered recordings of the proceedings. Only the stenographic transcript qualifies” ]Weil & Brown, Cal. Prac. Guide Civ. Pro. Before Trial Ch. 8E-14, The Rutter Group,(June 2018), Chapter 8. Discovery, Chapter 8E. Depositions, 14. [8:766], “If the testimony is recorded stenographically, it must be recorded by a certified shorthand reporter.” Serrano v. Stefan Merli Plastering Co. (2008) 162 Cal.App.4th 1014, 1033

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Last Minute Holiday Tips

Last Minute Holiday Tips

(Let me just clarify, I know this photo has nothing to do with a healthyChristmas palm trees
lifestyle, but it’s got a holiday feeling and they’re palm trees –
what’s more relaxing than seeing those in your inbox?!?)

There are some “holiday tips” that can be used year round.  The challenge is trying to remember them on a regular basis!  This blog post features some tips we gained at a luncheon seminar put on by the Women Lawyers of Franklin County which featured a presentation by two Columbus attorneys, Stephanie Hanna (OSBA) and Simi Botic (health coach).

Stephanie and Simi offered simple tips to start a practice of self-care in three areas of our lives that can wreak havoc on our health, our diet, and our sanity!  Here are just a few of their great tips:

Relationships

Career

Health

With the holidays on top of us, everyone’s life gets a little more hectic, so don’t try to make a lot of changes all at once.  Pick one or two of these to focus on at a time and then gradually add another.  Thinking you need to change many habits all at once will set you up for failure.  One of my favorite messages is, “Forgive yourself for your inability to be perfect.”  Perfection cannot be achieved, but, rather, setting a goal to make yourself better than you were the day before is manageable.

You can find many more inspirational posts on Simi’s blog.

My wish for you is that you enjoy the holidays, enjoy the people in your life, and take the time to nourish your spirit!

Angie sigt 2.jpg

ABOUT THE AUTHOR:

Angie Starbuck is a court reporter in Columbus, Ohio, and the owner of PRI Court Reporting, LLC. Connect with her on LinkedIn and Google+.

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Would You Jeopardize Your Case?

Would You Jeopardize Your Case?

 

justice-683942_640

Many attorneys and paralegals across the country get calls, e-mails, solicitations from large court reporting firms with an offer of great perks if the attorney will agree to allow that firm to cover all of their depositions.  Perhaps you personally have been the recipient of these efforts.  Your client, whether a large corporation or insurance company, may also be the recipient of these efforts.  These offers always sound beneficial in one way or another.  It may be a reduced rate on the transcript order.  It may be a waived appearance fee.  It may be gift cards to restaurants, iPads, bottles of wine.  All of these can be enticing and may be persuasive in your decision to switch court reporting firms.

However, there are several reasons this practice is not in your best interest or that of your client, the most important of which is the risks this could mean to your case.  Many states have adopted rules prohibiting certain contractual arrangements for court reporting services, including Ohio.

The Ohio Rules of Civil Procedure, specifically Rule 28(D), state that, “(1) Any blanket contract for private court reporting services, not related to a particular case or reporting incident, shall be prohibited between a private court reporter or any other person with whom a private court reporter has a principal and agency relationship, and any attorney, party to an action, party having a financial interest in an action, or any entity providing the services of a shorthand reporter. (2) “Blanket contract” means a contract under which a court reporter, court recorder, or court reporting firm agrees to perform all court reporting or court recording services for a client for two or more cases at a rate of compensation fixed in the contract.”

The Ohio Rules of Civil Procedure also state, “This prohibition is enforceable by the court in which the underlying action is pending. Enforceability is implicitly recognized by Civ. R. 32(D)(2), which requires reasonable diligence of a party in raising a disqualification issue.”  Rule 32(D)(2) states, “Objection to taking a deposition because of disqualification of the officer before whom it is to be taken is waived unless made before the taking of the deposition begins or as soon thereafter as the disqualification becomes known or could be discovered with reasonable diligence.”  This leaves the burden of discovering any reasons for disqualification on the attorneys in the case, one of which could be the violation of Rule 28(D) by the court reporter or court reporting firm.

So the question is: Would you want to risk your case, or your client’s goodwill and reputation, for a few cents per page, a bottle of wine, or restaurant gift cards?

As officers of the court, court reporters have a responsibility to be fair and impartial toward each participant in all aspects of reported proceedings and be alert to situations that are conflicts of interest or that may give the appearance of a conflict of interest.  We should also guard against not only the fact but the appearance of impropriety. (NCRA, 2017)

Sarah Nageotte, Executive Director of the Ohio Court Reporters Association and a Past President of the National Court Reporters Association, indicates that “Court reporters have long been held as the guardians of the record.  Litigants, the Bar, and the public must have confidence and trust in the process, and it is vital that the court reporting community fulfills its role impartially and above reproach.”

The National Court Reporters Association’s Committee on Professional Ethics and Board of Directors have adopted the following language, stating that members, “Refrain from giving, directly or indirectly, any gift or anything of value to attorneys or their staff, other clients or their staff, or any other persons or entities associated with any litigation, which exceeds $150 in the aggregate per recipient each year.   Nothing offered in exchange for future work is permissible, regardless of its value. “

Protect yourself and your client. Hire a reporter based on skill and experience who puts ethics first.

 

ABOUT THE AUTHOR:

Angie Starbuck, RDR/CRR/CRC, is a court reporter in Columbus, Ohio, and the owner of PRI Court Reporting, LLC. She is an NCRA member and an NCRA Ethics First member.  Connect with her on LinkedIn and Google+.

Jury Duty and CART

Jury Duty and CART

Sample of CART display
Sample of CART display

Recently PRI was contacted to provide CART (Communication Access Realtime Translation) services to a potential juror in Franklin County, Ohio, who was hard of hearing.  This individual (consumer) has used CART services in the past and was very familiar with the benefits and impact of CART.

CART is accomplished by having a court reporter listening and taking down what is being said and transmitting the feed to a laptop for the consumer to view and read.  It is the position of the National Court Reporters Association that, “A CART provider should refrain from working in the dual capacity of official reporter of proceedings and CART,” unless no other option exists.  That’s where PRI became involved.

After some discussion on the logistics with the court staff, I attended the first jury pool meeting with the consumer and sat with her until she was called for voir dire (questioning of potential jury members) in a courtroom.  I then proceeded to sit with her and provide CART for her until the trial began.  The consumer was selected as a juror and another CART provider worked with her throughout the rest of the trial (see the blog post from her here).

There were three exciting things about this assignment for me:

I always enjoy the opportunity to share our profession with the public and, at the same time, provide much-needed services so that a consumer can participate in an event or meeting just like everyone else.  If you ever have the opportunity to talk with a court reporter or CART provider, feel free to ask them about their profession (preferably on a break, when they’re not writing!) and I’m sure they would be glad to share their experiences with you.

 

ABOUT THE AUTHOR:

Angie Starbuck, RDR, CRR, CRC is a court reporter in Columbus, Ohio, and the owner of PRI Court Reporting, LLC.  PRI has been a leader in the CART and captioning services industry for over 25 years and provides CART and captioning regularly for individuals in the legal, corporate, and educational settings.  Connect with Angie on LinkedIn.  You can also follow PRI Court Reporting on Twitter and Facebook.

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My Experience with Jury Duty – by Rhonda Lawrence

My Experience with Jury Duty – by Rhonda Lawrence

16140571199_fddf693906_z (1)I have been called to jury duty twice, and both times I was released immediately for the mere fact that I am a court reporter, being told I know too much about the legal process and know too many attorneys.  So you can imagine my excitement when I was asked to be a CART (Communication Access Realtime Translation) provider for a hearing-impaired juror.  Not only was it my first opportunity to sit with a jury, but it was also my first murder trial.  Working as a freelance reporter, generally all of my work is civil in nature.

The trial went about as any typical trial does.  Having been an official reporter, I know the things that go on outside of the jury’s presence.  This time, since I was sitting with the juror and none of that was presented to “us,” I found myself envious of the official reporter.  I wanted to hear the bench conferences; I wanted to know why someone in the gallery was asked to leave; I wanted to know why certain witnesses and evidence was not presented; I wanted to know what both sides said about the jury instructions; I wanted to know the “history” of the case.  All things I otherwise would have known as the official reporter.

The case was closed and the time came for deliberations, which is what I was most excited about.  Having not been the CART provider for this particular voir dire selection, I did not know the background of any of the jurors.  I found myself intrigued by all of the different perspectives everyone had, wondering what their background is for them to hold the opinions they did, questioning in my mind why they thought certain things were or weren’t important to the case, and speculating on evidence that was not presented.  It was interesting that everyone heard such different testimony from the same witness.  It was very difficult for me, when they would argue over what was or wasn’t said, to not be able to just pull it up on the screen and show them, as I would do in a deposition setting.

As a freelance reporter, I usually only get to hear one side of the story and I never know the outcome of a case.  So you can imagine my frustration when the outcome ended up being a hung jury!

ABOUT THE AUTHOR:

Rhonda Lawrence is a court reporter with PRI Court Reporting, LLC, in Columbus, Ohio.  You can learn more about Rhonda here.  You can also follow PRI Court Reporting on Twitter and Facebook.

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Are YOU Your Toughest Competitor?

Are YOU Your Toughest Competitor?

“The individual who only does enough to get by seldom gets much more than “by.” – Napoleon Hill

We’ve all heard the sayings, “You get out what you put in,” or “Garbage in, garbage out,” but this quote that I received in my daily e-mail from the Napoleon Hill Foundation freshened up this principle for me.

If you want to get more than “by,” how about applying these principles to your career, your faith, and your personal relationships in the coming year?  Not a New Year’s resolution, but a commitment to yourself to do your personal best every day.

The phrase that struck me the most in this particular daily e-mail was, “Your harshest critic and your toughest competitor should be you.”  We’re all probably really good at being our own harshest critic, but are we all our toughest competitor?

Do you strive to be/do/think/act better than you did the day before?  Do you seek higher achievements than you did last year?  Do you take the initiative at work to improve a process, make a job easier, save the company money?

Sometimes it’s easy to look at our competitors and try to compete with them when it’s really ourselves that we should be competing with.  If we do that, the achievements we seek will happen because we’re working hard to better ourselves.

 

ABOUT THE AUTHOR:

Angie Starbuck, RDR, CRR, CRC is a court reporter in Columbus, Ohio, and the owner of PRI Court Reporting, LLC. Connect with her on LinkedIn.  You can also follow PRI Court Reporting on Twitter and Facebook.

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A Career in Court Reporting: Captioning, Basketball, and March Madness

A Career in Court Reporting: Captioning, Basketball, and March Madness

Thanks to a charismatic, talented basketball player at the University of Wisconsin, court reporting (called stenography in the press) has been placed front and center in the media during March Madness.  If you’ve ever wondered what a court reporter does or you have considered a career in court reporting, now is a great time to join this rewarding profession.

Court reporting is one of those jobs about which people usually say, “Oh, that’s a real job?” or “Oh, you’re the one who sits there and does this (typing motion with their hands)?”  Again, thanks to Nigel Hayes, hopefully that perception is changing.  Court reporting is no longer an archaic form of recording testimony, and it hasn’t been for many decades.  Court reporting equipment and technology is very modern, even state of the art, while it still utilizes the basic methods created over 100 years ago.

Today, a graduate from court reporting school can find himself or herself working in many different situations.  Here are just a few:

According to a recent study by Ducker Worldwide, there are currently 32,000 court reporters working in the United States.  However, 70% of the court reporting population is over the age of 46, which means that in the coming years, there will be significant retirement rates, creating a critical shortfall in court reporters.  Ducker Worldwide estimates that the demand for court reporters will exceed supply within five years and they state that this “presents a substantial opportunity for those seeking a lucrative career with a secure future.”

There are some perceptions about court reporting that create barriers to getting young students into court reporting programs.  Court reporting is not a top-of-mind career and it has been relatively unknown – until now, thanks to a certain Wisconsin Badger!  There is also a trend for high school counselors to guide students towards four-year degrees.

If you or someone you know is interested in a career in court reporting, CART, or captioning, contact your local court reporting firm or visit www.crtakenote.com, which is a resource provided by the National Court Reporters Association (NCRA).

In the meantime, keep watching the NCAA tournament and wait for Nigel Hayes to charm everyone with his ability to challenge the court reporter!

 

ABOUT THE AUTHOR:

Angie Starbuck, RPR, CRR, CCP is a court reporter in Columbus, Ohio, and the owner of PRI Court Reporting, LLC. Connect with her on LinkedIn.  You can also follow PRI Court Reporting on Twitter and Facebook.

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When Should an Attorney Hire a CART Provider?

When Should an Attorney Hire a CART Provider?

If you have ever worked with a client or witness who is deaf or hard of hearing, you both may have struggled with communication.  One of the many methods of assisting with communication for people who are deaf or hard of hearing utilizes the same process, equipment, and software that court reporters use.  That is called Communication Access Realtime Translation (CART).

Here are four tips on when and why it would be helpful to hire or request a CART provider in a legal setting:

  1. If your client is deaf or hard of hearing and they are being deposed, a CART provider could help facilitate communication for your client.  Keep in mind that CART is a one-way communication service, so if your client uses American Sign Language to communicate, CART may not be the best option.
  2. If your client is deaf or hard of hearing and their case is going to trial, utilizing a CART provider during the trial could be very beneficial for your client.  This service would ensure they are provided the same access as hearing individuals to all that is said during the proceedings.
  3. If you have a witness who is deaf or hard of hearing who will be testifying in court, you should bring this to the attention of the judge or other judicial personnel so that appropriate accommodations can be made to have a CART provider there for the witness.
  4. If you, yourself, are deaf or hard of hearing, consider requesting a CART provider to assist you in court.

While there are many similarities between an official court reporter and a CART provider, there are some important differences:

Like court reporting, there are also certifications for CART providers by the National Court Reporters Association.  Look for a CCP (Certified CART Provider) or CRR (Certified Realtime Reporter) when hiring a CART provider.   You can locate a qualified CART provider by searching the NCRA Sourcebook (http://www.ncrasourcebook.com/) or ask your favorite court reporter for a referral.

 

 

ABOUT THE AUTHOR:

Angie Starbuck, RPR/CRR, is a court reporter in Columbus, Ohio, and the owner of PRI Court Reporting, LLC.   Angie is also an experienced CART and captioning provider.  Connect with her on LinkedIn and Google+.

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An Interview with Columbus Court Reporter – Christine Woodruff

An Interview with Columbus Court Reporter – Christine Woodruff

PRI Court Reporting is lucky enough to have a very talented and friendly team of employees.  Christine Woodruff is a court reporter in Columbus, Ohio, and she has been with PRI for over 13 years. Christine concentrates her work in the CART setting, but has deposition experience, also.  Christine is very professional, friendly, and talented.  You have probably met her at a deposition or CART job, so here’s a chance to get to know her a little better.

How long have you been a court reporter?
I have been a court reporter for 13 years.

How long have you been working at PRI Court Reporting?
I have worked for PRI all of my court reporting career.

Did you have other court reporting experience prior to joining PRI?
I did a short assignment as an intern at the Franklin County courthouse at the end of my schooling.

What do you like most about working at PRI?
I love the people I work with at PRI.  I also like the variety of work that is available at PRI because it never gets old or boring. I am constantly learning new things and meeting new people.

Where are you from or where did you grow up?
I grew up in Grove City, Ohio.  I went to a Catholic school through middle school, and then I graduated from Grove City High School.  My parents grew up in Grove City, as well.

Before working as a court reporter, did you have another career or job?  If so, what?
Before working for PRI, I had a few other jobs.  The job I had immediately before PRI was as a safety coordinator for a wood manufacturing plant.  I developed and taught safety trainings, helped develop and organize the plant’s safety program, and kept all the records for the plant that were required by OSHA.  I also briefly held my Realtor’s license.

What is one thing you would like our clients to know about court reporting/depositions/CART?
The biggest thing I would tell our clients about court reporting is that court reporters are not as familiar with the case or the subject matter as they are, so any information you can share ahead of time will make the court reporter’s job easier.  Specifically, things such as names of the parties involved and any technical or medical terms that will likely come up will be very helpful.

What is the most unusual deposition/CART situation you’ve found yourself in?
The most unusual place I have been in for my job is the conference room looking out at the “death house” at an Ohio correctional institution.  Some of the interesting subjects that I have encountered are landscape architecture, nursing, engineering, disability studies, deaf history, fine arts, organic chemistry, physics,  CAD, welding, Greek mythology, genetic engineering, physiology, child development, psychology, Asian philosophy, ASL, Six Sigma, ceramics, and many more.  I have met very interesting and unusual people, too.

What’s on your iPod?
My favorite thing to listen to is talk radio or podcasts; however, I am a fan of most types of music including country, classical, musicals, rock, alternative, gospel, and Christian music.

What is one thing our clients don’t know about you?
I was a den mom for Boy Scouts and a leader for Girl Scouts.

What is your favorite Columbus restaurant?
I love The Cheesecake Factory!

What is your favorite app?
My favorite apps are Kindle and YouVersion, but I use Waze the most often.

What do you like to do when you’re not at work?
When I am not at work, I am usually with my children or playing with my grandson.  I enjoy volunteering for anything that allows me to be involved in any way with my kids, which includes school events, sporting events, or even just being their personal taxi driver.  I also enjoy playing tennis, volleyball, and other sports.

What is your best tip for balancing work/life/family?
Set priorities and stick with them, and use your time wisely.

 

We hope you’ve enjoyed learning a little more about Christine.  Look for more interviews with other PRI Court Reporting staff in the future.

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Steps a Court Reporter Takes to Prepare a Transcript for Production

Steps a Court Reporter Takes to Prepare a Transcript for Production

Do you ever wonder about how a court reporter gets such a great transcript to you after your deposition and the steps she takes to accomplish this?

Imagine this:  You’ve just completed an all-day deposition of the expert witness in your case and you’ve lightened the load in your briefcase by giving all your exhibits to the court reporter.  You’ve told her that you need the transcript expedited.  You’ve been watching the realtime screen all day, so you know how clean the transcript is.  It can’t be that difficult or take that long to get the transcript ready for delivery, right?

While your favorite court reporter is very good at her job – she must be, otherwise you wouldn’t hire her, right? —  producing a transcript isn’t as easy as hitting the print button on her computer.

Here are some of the steps a good court reporter will go through once the deposition is over in order to produce a clean, accurate transcript that will help you and your client:

Depending on the type of deposition and the complexity of the case or the witness, it could take up to two times the length of the deposition for the court reporter to complete the transcript.  So for a four-hour deposition, she could spend eight hours on editing and proofreading that transcript.

So remember, after your all-day deposition is over and you’ve expedited that transcript for overnight delivery, your favorite court reporter will be up for hours that night reading, editing, and proofreading in order to provide you with the great service and accurate transcript you’ve become accustomed to.

 

ABOUT THE AUTHOR:

Angie Starbuck is a court reporter in Columbus, Ohio, and the owner of PRI Court Reporting, LLC. Connect with her on LinkedIn and Google+.

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