David Feldman: "Frustrated when your court reporter interrupts? You're not alone."

David Feldman's Blog -> Depo Insider Blog -> Frustrated when your court reporter interrupts? You're not alone.

I really like this blog entry. One of the biggest complaints I'll hear from teachers or speakers is that a lot of the time lawyers and witnesses have no respect for the court reporter. While this is a huge complaint, I'm sure the lawyers sometimes get frustrated with we court reporters and court reporting students too. This blog addresses both sides of the fact in a neutral voice, which I really respect and like. If they understand where we come from, and we understand where they come from, not only is it better professionally for a good relationship but it also leads to a compromise.

Part of the reason these attorneys probably don't understand our occupation is that some reporters don't feel the need to be vocal about the when, what, how, and why and they don't want to listen. A lack of communication can lead to be a problem. By communicating on both sides, like this blog does, you reach better understanding for each of the people involved. Just expecting the same etiquette and respect every time you go to work isn't realistic.

My favorite text out of the entry is the two ideas below. I'd agree to do them with no problem. 

"Idea #1: – For the taking attorney: When delivering your “ground rules” to the witness at the beginning of a deposition be CERTAIN to include and emphasize “verbatim etiquette” including:

1) Explain the court reporter is not a machine, and just like everyone else in the room, he/she has to hear what everyone is saying in order to construct an accurate record
2) Specify only one person is to speak at a time
3) Remind everyone to be considerate of the speed they speak at
4) Remind everyone to speak loudly and clearly
5) Remember #1 – 4 applies to you as well

Idea # 2: – You know everything about this case, and having that context helps you more easily “get” everything being said, especially when heavy accents are involved. The court reporter is coming in blind and does not have the benefit of this context.  So to give the court reporter a more level playing field and fighting chance, here’s what you can do.

Prepare and provide the court reporter/agency as far in advance with any/all of the following:

• The deposition notice
• A list of names
• Word indexes
• Words of art
• Expert reports
• Previous transcripts
• Extra credit – a brief synopsis of the case and the roles of the key players likely to come up in testimony"