Real-time reporting: making instant transcription work for you.

Real-time reporting: What is it, and how can it benefit a law practice? This question and more will be answered in this brief primer on how to work with the court reporter to conduct a real-time deposition.

This method of instantaneously converting the spoken word into the written word has taken the court reporting profession by storm, and you will inevitably see it used at depositions and in the courtroom. In fact, you have probably already seen it in action and don't even know it. Lance Ito, the presiding judge in the O.J. Simpson case, uses it every day in his courtroom to assist him in the proceedings.

Today, the most prevalent way court reporters transcribe the spoken word is by using a technology called computeraided transcription (CAT). To use CAT, reporters first must enter a "personal dictionary" into their own computers. This dictionary is a list of steno strokes along with their English equivalents. For example, a reporter's personal dictionary could contain the machine shorthand stroke "RORT/ER" to equal the English word "reporter."

Traditional CAT reporters take down proceedings using a computerized steno machine equipped with a diskette. The diskette actually records the steno strokes as reporters enter them on their machine. After the proceedings are finished, reporters take the diskette out of the machine and copy it onto a computer hard drive. Then they perform a computerized translation function that matches the steno strokes to their English equivalents as programmed in the personal dictionary.

Next comes the editing phase, the most active part of transcription. Reporters read each word and add "define" commands and punctuation to put the transcript in final readable form. Define commands can be explained this way: There may be words unique to a particular case, and, therefore, not found in a reporter's dictionary. These words appear on the screen as "untranslates"--raw steno strokes that need to be manually translated into English.

Reporters also perform an editing function called "conflict resolution." They use this to differentiate homonyms that are written the same way in steno, like "heir" and "air."

In contrast to the time-consuming task of computer-aided transcription, real-time reporting combines writing, translating, and editing into a single function. Attorneys can therefore read the spoken word a split second after it is uttered. This is accomplished with software, hardware, and a reporter who is proficient at real-time writing.

The real-time reporter's hardware consists of a computer, a steno machine, and a cable connecting the two. The reporter's computer is connected by another cable to the participating attorneys' computers. As the reporter writes, signals are transferred from the steno machine to the special software, which immediately converts the steno strokes into English and transfers the words to the attorneys' computer screens.

This requires some skill by reporters. They must enter all proper nouns into their dictionaries before the proceedings so the attorneys can read the transcripts easily. If reporters do not enter proper names and unique terms before the proceedings, they must enter those words character by character as on a typewriter.

Getting Started

Now, what do you do if you want to use this method of transcription? First, call your preferred court reporter and ask if he or she is able to perform this function. Not all reporters can successfully write in real time, although the numbers are growing rapidly.

Ask if the reporter is a certified real-time reporter (CRR). To get this certification, one must take a national examination administered by the National Court Reporters Association (NCRA). The test is relatively new, so your reporter may not have had the opportunity to take it yet. The NCRA, located in Vienna, Virginia, maintains a list of all CRRs in the United States. While real-time reporters are not required to have CRR certification, lawyers may use it as a guideline when choosing reporters.

Some other court-reporting credentials indicate writing competence but are not real-time specific. A registered professional reporter (RPR) designation certifies that a reporter can enter 225 words per minute, and a registered merit reporter (RMR), 260 words per minute.

After you've established that the court reporter has the necessary skills and equipment, provide the reporter with a witness list, interrogatories, or your own list of the proper names associated with the case. This will ensure that words not found in the reporter's dictionary will still be included in the transcripts. Remember--the more information you give your reporter before the proceedings, the better the transcript will be.

Assembling Your Equipment

Arrive early to set up your computer, and--if this is your first time using this method--learn the basics about how the process works. Your computer must be connected to the reporter's by a cable, and the litigation support software must be loaded onto your computer. The reporter or reporting firm often--but not always--supplies the cable and software.

The type of software you use will probably depend on the type the reporter is using. You will want to discuss these things before the day of the proceedings. If you decide you want to buy the software, the reporting firm may be able to advise you about programs that are on the market.

When the witnesses arrive, explain to them how the proceedings will be transcribed. Tell them it is important that you finish asking a question before they begin to answer. Also, caution witnesses who tend to talk rapidly or indistinctly to speak more slowly or enunciate more clearly since the speed and clarity of the spoken word directly affects the translation rate. (This applies to attorneys, as well.) Taking these steps will ensure a better real-time transcript.

As the proceedings begin and the reporter writes, the words will scroll up on your computer screen. Glance at the screen once in a while to ensure that the bulk of the transcription is in English and not in raw steno strokes. In most cases, the screen will not show 100 percent English. Don't worry about this. Remember the reporter is writing in steno, without the benefit of editing. But if the screen is filled with steno, you may want to make sure that you and the witness are speaking at a moderate pace and that your dialogue does not overlap.

Another aspect to consider: If a word is not in the reporter's dictionary and it contains, say, three syllables, the syllables may translate to three separate words. For example, the word "bumblebee" might translate to "bum bell bee." Or the name "Clayton" may translate to be "clay to know" since the steno stroke "TON" often is used for the English phrase "to know." Real-time reporters strive to eliminate these conflicting steno strokes from their dictionaries, but the strokes still crop up from time to time.

The beauty of taking testimony in real time is that you have the luxury of listening to witnesses without having to furiously write notes on a legal pad. The verbatim testimony is on the computer in front of you. If you would like to mark a particular part of the testimony, you can do it with a single keystroke, depending on which litigation support software you use.

If you would like to add a note to yourself at a certain point during a deposition, you can do that also. This could be a note about strategy, a request for further research by your paralegal, or a note that a witness's testimony is inconsistent with your client's statement. If you wish, you can completely eliminate all handwritten notes.

You can also conduct word searches. Perhaps you have queried a witness about something he or she has mentioned previously. If the witness denies having said these words, you can retrieve the verbatim testimony on the screen for the witness to see. You merely perform a search for those words, and each occurrence comes up instantly.

Another feature is the key-word search. Before the deposition, you enter in your computer the key words that are pertinent to the case. If those words are spoken during testimony, they will be high-lighted on your screen.

If you would like to have a question repeated, you no longer have to ask the reporter to read it back; you simply read it on your screen. (You still have the option, of course, to ask the reporter to read back the record.) This aspect of real-time reporting is particularly helpful if you must speak to an associate or your client during the proceedings. You can catch up with the testimony fairly quickly by reading your screen.

Putting It to Use

Once the session is over, you can save all the notes and markings you made, and you may be able to save the reporter's entire transcript. The reporter, though, has ultimate control over who may down-load the transcript to another computer. You will need to discuss your reporter's policy.

If you conclude discovery and determine that trial is inevitable, you may ask the court's permission to take your computer into the courtroom. Every deposition you take can be stored in your computer, whether the deposition is directly cabled to you in a real-time session or sent to you later on a disk.

This greatly enhances your ability to retrieve testimony using the word-search features. You can sift through large volumes of testimony in seconds or impeach a witness's testimony on the spot without fumbling through papers.

You don't have to be a computer genius to use the real-time method. Litigation support software is user-friendly. Most real-time software programs have a help key for times when you forget how to perform a function. When there is a break in the proceedings, the reporter may also be able to help you.

In complex litigation, computers are invaluable. Why not take full advantage of them? Real-time transcription will make you a more effective litigator. When evaluating whether real-time testimony is right for you, ask yourself if you can really afford not to try it.