Sunbelt Blog

As with most industries, the court reporting industry has a language all its own. In fact, it even has its own shorthand and input device. One look at any court reporter's shorthand and you'll wonder what it all means. Even the steno machine with its cryptic key combinations looks exotic and mysterious. As you search for a court reporting agency, you'll also likely encounter unfamiliar terms, jargon, and acronyms. What does it all mean? Here's a glimpse.

• ASCII – Pronounced "asskee," this acronym is a computer term standing for American Standard Code for Information Exchange. What does ASCII have to do with the legal profession? Realtime court reporters often save their transcripts in an ASCII text format, making it easier for lawyers to load the transcript onto their computers.

• Caption Page – The caption page is the transcript's front page.

• Litigation support – While numerous items, resources, and tools fall under the broad category of litigation support, a number of service providers specialize in providing comprehensive litigation support services to law firms. Common litigation support services include: court reporting, legal video, document repository, and reprographics.

• O & 1 – This notation means that the client has ordered the original (O) plus one (1) copy of the transcript. Similarly, O & 2 means that the client has ordered an original and 2 copies of the transcript and so on.

• Realtime – Though the term is most often spelled "real time" or hyphenated as "real-time," the court reporting industry uses "realtime" to describe a specific type of court reporting service. With realtime court reporting, the court reporter uses a steno machine attached to a computer equipped with special software. This system can connect to monitors, other computers, or even the Internet to deliver real time feeds of the reporter's transcribed testimony as the testimony occurs. The software translates the stenographer's shorthand into ASCII text, making it possible for lawyers to see, annotate, copy and paste, and otherwise work with the testimony as it occurs.

• Recording and playback – These two terms are related. In digital reporting, the audio portion of the transcript is referred to as the recording or "the record." When an attorney or investigator needs to revisit a portion of the testimony, they'll ask for a "playback."

• Rough transcript – If you've ever typed text in a hurry, you know that proofreading and editing the initial draft is a must. Considering that court reporters enter text at well over 200 words per minute, typos and minor mistakes are inevitable. The first draft of a transcript is known as the rough transcript, or rough ASCII. Rough transcripts are not yet certified by the court reporter as being accurate and complete.

• Setting – The term setting typically refers to scheduling a court reporting event.

• Tag file – A court reporter can enter time-stamped notes during the transcription for a variety of purposes such as aiding in identifying speakers or spelling proper nouns correctly. These notes are stored in an area called the tag file.

From ASCII and O & 1 to scoping, setting, and tag files, court reporters use a lot of unusual terms to describe their work and make their jobs easier.

Did we miss any court reporter terms you've always wondered about? Let us know and we'll be happy to solve the mystery for you. Post your court reporter jargon questions in the comments section below.

Once confined to depositions and "day in the life" videos, the use of legal video has expanded dramatically in recent years. Professional legal videographers provide comprehensive litigation support in a variety of settings including in the field, at the law office, in the courtroom, and beyond. With more lawyers relying on laptops and tablets as well as realtime court reporting services and video transcripts, legal video is coming of age.  

Legal Video in the Field
Legal videographers continue to provide a host of services in the field including videotaping depositions and supporting investigators. Though depositions have long been recorded, many legal video service providers work in conjunction with realtime court reporters to either create superimpose the court reporter's realtime feed over the video or later synchronize the video with the realtime testimony. Attorneys also use legal video to document cases. For example, a legal videographer might accompany a private investigator investigating a worker's compensation claim or accident.

Legal Video in the Office (or Home Office)
Because legal video is now typically delivered in an electronic format rather than bulky videotapes, it is also much easier to work with. Attorneys can now quickly find and view testimony on a synchronized video transcript. Instead of fast-forwarding through a videotape in hopes of finding a specific discussion, attorneys can perform keyword searches. Simply enter a phrase and jump to the discussion instantly! In addition, video clips can be quickly emailed to partners or imported into presentation software.  

Legal Video in the Boardroom
Moving into the boardroom, legal video is most often used to present information or for teleconferencing. Litigation support companies offering legal video services can provide everything needed to hold a teleconference including all of the necessary equipment and a skilled technician. Depending on where the remote participants are located, it may even be possible to have your local teleconferencing provider handle the teleconferencing needs of your remote participants. Teleconferencing can eliminate travel and related travel expenses, allowing you to interview expert witnesses or hold meetings with partners located virtually anywhere in the world without hassles or travel expenses.

Legal Video in the Courtroom
Many courtrooms feature A/V systems. Legal video in the courtroom allows for the presentation of digital evidence, remote witness participation, and realtime court reporting. For example, if a witness is deployed overseas, teleconferencing allows the witness to participate in the court proceedings despite the distances involved. If a realtime court reporter is present, it's also possible to overlay the reporter's real-time feed over court's A/V system. This is helpful for participants that have difficulty hearing the proceeding as well as for attorneys who can also have the feed routed to their laptops.  

Legal video continues to be a specialized field with unique requirements. For best results, it's vital that you choose a videographer that specializes in legal video.

What trends have you noticed in the legal video field? What improvements would you like to see? Share your thoughts in the comments section below.

The advantages of realtime court reporting extend beyond the sheer convenience of viewing transcripts on your computer as the words are spoken and into the realm of being an environmentally friendly choice. Will realtime court reporting wipe your carbon footprint clean? Of course not, but it can take a small chunk out of it by eliminating reams of paper for each proceeding and reducing some travel.

• Realtime court reporting generates less paper – Visions of a paperless office haven't yet materialized despite rapid changes in technology. However, with realtime court reporting, you can dramatically reduce the amount of paper generated per proceeding as both initial transcripts and final transcripts can be electronically transmitted to your computer. In addition to the original transcripts, copies can also be emailed to other parties involved in the case. Instead of generating stacks of paper which must be securely stored or shredded, you'll have a small file which can be uploaded to your online depository for safe, secure access anytime and anywhere you need it. Another benefit is the ability to take notes directly in the realtime court reporting software. Not only is this convenient and effective, it also means less paper. Instead of jotting notes on a legal pad, your notes go directly into the electronic transcript in context with the words being said.
  
  
• Realtime court reporting leads to a reduced reliance on couriers. If you regularly use a courier or overnight delivery service or some other motorized form of transportation to transport copies of transcripts to your colleagues, realtime court reporting eliminates delays and makes a small contribution in fuel consumption.
  
  
• Realtime court reporting reduces travel. With live Internet feeds of realtime transcripts available, fewer people need to be physically present during depositions and other proceedings. Fewer people traveling delivers the added bonus of reduced travel and related energy costs.
  
  
• Realtime court reporting can mean fewer follow-up depositions. Since you can copy and paste realtime transcripts into an email as well as have partners participate remotely, you can quietly communicate with partners, investigators, and others during the proceeding. Imagine emailing a portion of the testimony as it occurs to your investigator to research and then receiving new information within a few minutes. In the past, this process could have required a follow-up deposition. Realtime court reporting makes it easier to communicate and gather information in real time, reducing the need for follow-up depositions and related travel and energy costs.
  
  
• These environmentally friendly benefits are just a few of the many advantages that realtime court reporting delivers. If your firm wants to take its green initiatives to the next level, choosing a realtime court reporting service over a traditional one is a positive step in the right direction.

Will realtime court reporting be a part of your firm's green initiatives? Share your thoughts in the comments section below.

Whether you use a court reporting firm that also offers legal video or use two separate agencies to handle a deposition's court reporting and videography needs, court reporters and videographers often work well together. A teamwork approach can make the entire process much smoother before, during, and after the deposition.

For example, realtime court reporters typically output their live feeds to monitors located in the courtroom, mediation room, or conference room. When working as part of a court reporter / videographer team, the videographer can quickly patch the court reporter's feed into the existing A/V equipment and even create a synchronized recording containing the video and an overlay consisting of the court reporter's realtime transcript. Some videographers provide court reporters with headphones that are connected to the audio equipment, making it easier for the reporter to hear what's being said.

Teamwork after the deposition can prove invaluable. For example, the court reporter can refer to the video recording to review an inaudible word or verify a comment when editing the final transcript. The court reporter can also provide the videographer with an electronic copy of the final transcript as a courtesy which will help for later video editing or synchronization.

This teamwork is mutually beneficial for both the court reporter and the legal videographer. However, it's most advantageous to you, the client. The behind-the-scenes cooperation ensures that the deposition is recorded accurately both in video and steno form. The synchronized video transcript with close captioned text makes finding and editing video clips a breeze.

While court reporters and legal videographers from separate firms can work well together and help each other throughout the proceeding, using a team from a single firm ensures a higher level of cooperation. When both team members are from the same company, they're more likely to share equipment such as microphones, monitors, and cables. In fact, they'll likely arrive together in a well-stocked company van and have a routine for setting up and breaking down their equipment. In addition, they'll follow established company procedures which ensure consistency regardless of which individuals make up the team. They will likely work more efficiently, too, as logistical challenges and protocols will have already been worked out between them due to their past experiences together.

Depending on the firm, location, and nature of your needs, you may encounter the same teams from one proceeding to the next. Having worked with the team in the past, you know what to expect and that all of the details will be taken care of. The case may be different, but the professionals providing court reporting and legal video services will likely live up to your expectations once again.

Though legal video and court reporting are two separate professions that each requires specific skills and expertise, these professions complement each other. This synergy makes requesting a court reporter / legal videographer team a logical choice. When you choose a litigation support firm that offers both court reporting and legal video services, you can take full advantage of teamwork. Start by requesting a team capable of providing you with the specific services you desire. For example, if having a synchronized video transcript right away is important to you, having a realtime court reporter and legal videographer cooperating at the deposition may be more efficient than synchronizing the transcript with the video after the fact.

What advantages have you experienced by choosing a court reporter / legal videographer team? Share your experiences in the comments section below:

At about $500, the Apple iPad is an inexpensive product that is changing how many professionals do business. For lawyers and court reporters alike, the iPad could become a useful deposition tool when equipped with the right apps. However, despite nifty apps such as FaceTime and Dragon Dictation, don't expect the iPad to replace a professional legal videographer or court reporter.

During remote depositions, lawyers have a variety of ways to put their iPads to work including:

• Access RealTime Transcripts – If you're using a realtime court reporter that offers online feeds of the real-time transcript, you may be able to use the iPad's Web browser or a court reporter-supplied app to view the real-time feed. For example, several real-time reporting software developers have created iPad apps that allow attorneys to view real-time transcripts from their iPads, iPhones, and iPods. Smaller and more portable than laptops, expect to see more of these apps in the future.
  
  
• Access Older Transcripts – Free and premium PDF viewing apps are available, making viewing older transcripts and PDFs on your iPad a simple matter of thumbing through the pages or entering search terms.
  
  
• Access Your Document Repository – Depending on the document repository technology or service that your firm uses, you may be able to access your legal documents directly from your iPad. Imagine leaving boxes of paper at the office and having everything you need just a few swipes away.
  
  
• Access Legal Dictionaries and Law Libraries – Consider adding Black's Law Dictionary or Fastcase to your iPad and be able to quickly conduct legal research from virtually anywhere.
  
  

While iPad apps extend the iPad's capabilities, they don't – and shouldn't – replace litigation support service providers such as videographers and court reporters. For example, FaceTime is useful for holding impromptu, informal video meetings and chats with partners but pale in comparison to the services and quality provided by legal videographers. Similarly, voice recognition software and apps such as Dragon Dictation have their place but they aren't nearly as capable as a highly trained court reporter. Voice recognition software is prone to spelling, punctuation, and diction errors and it doesn't identify different speakers.

With the right apps and expectations, the iPad can enhance any deposition – in person or remotely. Use it to access real-time transcripts, transcripts from other witnesses or cases, documents and exhibits related to the case, legal definitions, and more. Meanwhile, your videographer or court reporter could be tapping their own iPads, enhancing their services to you through technology.

How have you used your iPad in a deposition? Which apps proved themselves and which ones fell short? Share your experiences in the comments section below.

From saving on travel expenses to minimizing inconveniences related to remote depositions, teleconferencing has emerged as a cost-effective, convenient alternative to travel. However, there's more involved than using a free teleconference call provider or setting up a couple of laptops with webcams and hoping technology will come through for you. Follow these best practices and set up a successful deposition via teleconference.

1. Determine the best technology for your needs. Do you want to see the witness's body language and facial expressions? Or is an audio-only conference call sufficient? If you want to see the witness, you can either have a videographer present or you can opt for a videoconference (or both).
   
   
2. Make sure a real-time court reporter is present at the witness's site. The court reporter plays a crucial role throughout the deposition and can perform multiple tasks including swearing in the witness and providing remote attorneys with real-time testimony feeds over the Internet. In addition, having a court reporter in the same room with the witness ensures that every word is heard and recorded.
   
   
3. Book suites at a professional teleconferencing facility. Not only will this provide the witness with a comfortable environment, it will minimize distractions and technical glitches. You will also be able to order additional equipment or services as needed such as videography, videoconferencing, speakerphones, or computer screen-sharing options. Depending on your law firm's existing teleconferencing equipment and available technical staff, you may be able to book a remote teleconferencing suite in your witness's city (for your witness to use) and then access the teleconference feed at your office. If you choose this route, make sure to coordinate with the teleconference facility and test the connection in advance.
   
   
4. Be aware of time zone differences when scheduling your teleconference. Specify the exact time and date in each party's specific time zone so that there's no confusion and that everyone arrives on time.
   
   
5. Ship any exhibits to the teleconferencing suite in advance. You'll need to coordinate the display of exhibits with your court reporter or the teleconference facility's manager. If the court reporter will be responsible for handing out documents or pressing the play button on a DVD player, allow time for these tasks.
   
   
6. Let the witness know what to expect. For example, if you'll be using videoconferencing equipment, let your witness know that you'll be able to see each other and interact as if you were in the same room.
   
   
7. Ask all parties involved to arrive at least 20 minutes early. This extra time accounts for unforeseen traffic issues, finding parking spaces, and getting settled in the teleconference suite. It also reduces stress.
   
   
8. Ask the teleconferencing facility's manager to provide water or iced tea for your witness who will likely be nervous. Since you won't be there to play host, it's important to ask the facility's manager to step in and help your witness feel at ease.
   
   
9. Ask all parties involved to turn off their cell phones during the deposition. Teleconferencing equipment is extremely sensitive. These microphones can pick up even the quietest of sounds such as a cell phone ringing in vibrate mode. In addition, only one party at a time should speak as it's much more difficult for the court reporter to keep track of who's speaking during a remote deposition.

Take advantage of technology and save time, money, and hassles at the same time by choosing a full service court reporting firm that also offers teleconferencing services and suites. By choosing such a firm, you can rest assured that the entire process will conform to the legal industry's high standards.    

Have you ever held a deposition via teleconference? What would you do differently the next time around? Share your ideas in the comments section below:

An Associated Press article published in August 2011, Millions of U.S. Court Records Bound for Shredder, reported that at least 10 million bankruptcy case files along with several million additional district court files dating from 1970 through 1995 were scheduled to be shredded. Whether those files have already been torn to shreds or not, it begs the question: what to do with physical legal documents?

In this example, 10 million case files represent a huge amount of paper. A single case file could consist of ream upon ream of pages. From 1970 to 1995, electronic files where in their infancy and it's likely that the original court documents are the only copies in existence. Once these old legal documents are shredded, they're gone for good. While digital technologies now exist, digitizing millions, if not billions, of pieces of paper is hardly practical. Storing massive amounts of physical court records indefinitely has its challenges as well.

Though the about-to-be-shredded U. S. court records may have been deemed insignificant and long-term storage isn't a practical option, once they're placed in the shredder, there's no going back. The Associated Press article listed historians and private investigators among those concerned about the outcome. Court records are often used to piece together stories from long ago. If the records disappear, those stories could disappear as well.   

Of the case files set to be destroyed late this year and early next year, most have been deemed insignificant. For example, only criminal and civil cases that did not go to trial are destined for the shredder. Even so, they won't completely disappear as detailed docket sheets will be preserved. Historians and legal scholars reportedly analyzed the case files, keeping those that were deemed historically significant such as civil rights files or government corruption cases.

While the legal industry generates its fair share of paper today, electronic documents and online repositories could prevent future shredding controversies. In fact, your law firm likely has a record retention and destruction policy in place spelling out exactly how each document should be treated throughout its life cycle. For example, once a case file has been closed and culled of unnecessary material such as drafts and duplicate documents, your policy most likely specifies where it must be stored and for how long as well as how to ultimately destroy it once sufficient time has passed.

However, does your record retention and destruction policy address electronic documents? If not, now's the time to address it. Not only should you have a plan in place for the entire life cycle of physical case files, those electronic copies must also be secured, stored, and perhaps someday destroyed. With multiple hard drives, laptops, netbooks, USB drives, mobile devices, tape backups, online storage, and online repositories potentially being involved, it's also smart to address how and where any electronic copies of any legal document should be handled. Your staff may know the importance of securing case files behind locked doors, but they might not think twice about sending a file over an unencrypted email connection or clipping a flash drive to a purse strap.

What do you think about the destruction of millions of U.S. court records? Did the U.S. National Archives and Records Administration have a good plan? What about the legal records in your own firm? When the time comes, will they be disposed of properly? Will you have safe and secure electronic copies as a backup? Asking questions now, could prevent the mishandling of legal documents later. Share your thoughts in the comments section below.

Depositions are used for a variety of purposes including the discovery of facts that have a favorable effect on your case and leading to the real issues of the case. After videotaping a deposition, you have the opportunity to pick and choose key testimony for later inclusion in a settlement video or legal presentation. While each deposition has its own primary purposes, keep the potential for a future presentation in the back of your mind and make sure to videotape it.

During the Deposition
Ask open ended questions rather than yes/no questions. For example, rather than asking, "I understand that it was raining outside, correct?" ask the witness to describe the weather. Later, in a legal video presentation, the testimony will be more powerful because the witness will be explaining key points in his own words rather than agreeing or disagreeing with you. You'll also want to use conversational questions such as "And then what happened?" or "What did she say?" Again, the idea is for the witness to tell the story in his own words.

As a lawyer, you most likely already ask these types of questions, bringing you one step closer to an effective legal video presentation. What you may not be as accustom to is removing yourself from the stage. During a videotaped deposition, sit with the camera just to your side or slightly over your shoulder so that you're not in the shot and the witness appears to be speaking to the camera as much as possible.

Consider the effect of lighting on the witness's appearance. While a video deposition isn't meant to be a video production, the typical lighting in a conference room can be harsh with its cool tones. If you have a sympathetic witness, consider holding the deposition in a less harsh lighting environment. A professional video production company can help you with warmer lighting choices.

After the Deposition
As you view the video deposition, listen for testimony that could make an effective "sound bite" in a future settlement presentation and make a note of it. Depending on the video technology used, you may have a time code number that indicates where in the videotape this particular clip is located or you may be able to bookmark it on your computer. You may even be able to export the clip into a separate file for later editing. Taking a few notes and bookmarking clips won't take up much time at this point, but could save you a lot of time later should you decide to create a settlement video or legal presentation.

Your video deposition may never see an audience, but if it does, your awareness, notes, and bookmarks will prove invaluable when the time comes to create a legal video.

Few businesses can take care of all internal tasks completely on their own and law firms are no exception. Litigation support services specialize in helping law firms with a myriad of tasks, offering cost-effective alternatives to doing these tasks in-house. Below are five litigation support services that free up time and resources while also delivering the goods!

Real Time Reporting
Real time reporting may cost slightly more than traditional court reporting services. However, the ability to have live transcripts delivered virtually anywhere in the world – in real time – can save both time and money. In addition to being able to include remote participants in the day's testimony, real time reporting allows you to leave afterward with a transcript in hand. There's no more waiting for the official transcript or paying for rush deliveries in order to review the testimony and prepare for the next phase of the case.

Legal Video / Presentation Technology
There's no denying the power of a "day in the life" video or a persuasive legal presentation. While you could attempt to create legal video and presentations on your own using consumer or legal presentation technologies, using a legal video production company skilled in the art frees you up to work on other important aspects of the case.

Records Retrieval
Retrieving records is a vital, but time-consuming, function of any law firm. Worried about the Federal or Texas Rules of Civil Procedure? Litigation support services firms specialize in the unique needs of the legal profession and understand the law. When selecting a records retrieval service, feel free to ask questions about the firm's level of expertise. With the right support service working on your behalf, you can focus on your case with the support company retrieves records in an admissible form for trial.  

Document Management
From securely storing documents "in the cloud" and accessing them remotely to e-transcripts, exhibit boards, document scanning, copying, Bates stamping, and beyond, litigation support firms can handle all of your document management needs quickly and cost-effectively. Rather than investing in the equipment, training, and manpower, choose a litigation support service that offers prompt, comprehensive, and reliable document management and reprographics services.

Civil Process
Need to serve papers outside of your community or beyond the borders of Texas? While you could send your firm's internal process server, it's could be less expensive to use a litigation support services firm – especially if that firm is part of a nationwide network of process servers. The elimination of travel and lodging expenses alone make doing so a smart choice. In addition to process serving, many firms offer witness location and surveillance services.

Litigation support firms offer these services and many others, allowing lawyers to spend their time on the tasks they're trained and best equipped to do.

The ability to access, store, and view legal documents on mobile devices like smart phones, iPads, and Kindles brings convenience and concerns about privacy. After all, if your mobile device were to become lost or stolen, would your legal documents remain private?

Securing Devices Such as Smart Phones, iPads, and Kindles
The first step involves securing the device itself. This ensures that should you lose your phone or mobile device, your legal documents won't be readily accessible. Depending on the device, it may be a simple matter of going into the device's setting menu and assigning a password to it.  

For example, on Windows mobile devices, you go to Start > Settings > Password (or Lock). Other versions require that you go to Start > Settings > Security > Device Lock. You can secure Amazon's Kindle by going to Home > Menu > Settings > Device Password. To secure the iPad, go to the Home screen and choose Settings > General > Passcode Lock. Turn Passcode Lock on and follow the prompts to enter a passcode.

If your mobile device does not offer password protection, or if the nature of your legal documents requires stronger protection, consider security software for your device. In addition, you may need such software to comply with your firm's internal policies or privacy regulations.

Securing Individual Documents
In addition to securing the device itself, it's never a bad idea to encrypt or password-protect individual documents stored on mobile devices, portable storage devices, and laptops. The process varies depending on the document type and application used. For example, Microsoft Word documents can be password protected directly from within Word while PDF files require the Adobe Acrobat (rather than Reader) program for password protection.

Securing Applications
Another layer of protection involves how you access your legal documents remotely. For example, if you use an application to access a legal document repository, it likely requires the use of login credentials. The same is true if you use a Web browser and an online storage platform of some sort. Do not allow your mobile device to save these credentials in memory, opting instead to manually enter your username and password each time. Though less convenient, this method is far more secure.

By securing your mobile device, individual legal documents, and applications, you can enjoy the benefits of accessing legal documents on the road with fewer concerns over confidentiality.