Archive for the ‘Interruptions’ Category



March 22nd, 2011 Michael Feldman

When casually addressing this topic with reporters, the answer quite often seems to be, “it depends.”  I wanted a better answer, so I surveyed nearly 100 reporters of varying experience and skill level. What I found is that while it may “depend,” most of you are in agreement about what it depends on.

 Step 1: Ask reporters what they do in varying situations when interruption may be necessary.

 

For those of you that didn’t take the survey, I asked reporters to answer what they typically do in each of the following situations with regard to interrupting:

1) If someone is speaking extremely fast and you are not getting the complete record, what do you typically do?

2) If multiple parties are speaking at the same time and you are not getting the complete record, what do you typically do?

3) If you cannot understand one or more of the parties due to their accent, or they are speaking too softly and you are not fully comprehending and digesting their words, what do you typically do?

I offered the following options:

  • Interrupt immediately
  • Wait until break to clarify
  • Rely on your audio back-up to fix later
  • Other

I also gave an opportunity to comment on each question, and also asked about years of experience and the speed they’re comfortable writing at.  Here are some of my key findings.  First the easy stuff:

  • Almost no one thinks you should wait until break if you are not getting the record, regardless of the reason.
  • Those who answered “other” basically said “all of the above” or “it depends,” so I have left out the “other” category while digesting the numbers; thus why the totals do not add up to 100%.
  • Nearly everyone agrees you should interrupt immediately if you can’t understand what is being said due to heavy accents or if someone is speaking too softly.
  • One very interesting suggestion for hard to hear witnesses was to use headphones during the depo and listen to the audio feed directly from your microphones since you can turn up the volume.
  • Most agree you should interrupt if the parties are speaking over one another.

Now something really interesting I discovered when filtering the data between the less/more experienced reporters and the slower/faster writers:

There is a definite difference of opinion on how to handle fast talkers. The more experienced and/or faster writers nearly unanimously agree if it’s too fast, interrupt immediately.  The less experienced and/or slower writers are far more likely to rely on the audio back-up rather than interrupting.

 

 

Interestingly, when reading through the comments, and there were tons of them, I noticed common themes from the veterans which were:

COMPETENCE & CONFIDENCE

The most experienced, fastest writers commented often about the importance of immediately establishing your presence as a competent, skilled reporter on every job as the best way to deal with the issue of interrupting.  Simply put, if you establish yourself immediately at all jobs as a true professional, then if/when you need to interrupt, the parties will know you’re not crying wolf and are more likely to be sympathetic to your plight.

(FYI – in a future blog, I will explore what it takes to become that competent, confident reporter that commands respect from the parties and interrupts effortlessly; stay tuned.)

In fairness, there is another theory to be explored as to why the younger, less experienced reporters are less likely to interrupt when they can’t keep up.  The less experienced reporters are also most likely the younger reporters, as in the Gen X reporters.  These Gen X’ers have had the luxury of audio back-up for their entire careers, so they’re simply embracing the technology, right?

Well, maybe.   But while there is likely something to that argument, I would suggest that only partially explains what is going on.   With regard to relying on audio back-up or not,  the inability to “keep up” was the only scenario where there were noticeable differences in the responses between those of greater and lesser experience.  If reliance on the audio back-up is a generational thing, then why don’t the younger, less experienced reporters rely on their audio back-up for other scenarios as well?

Which brings me right back to this competence/confidence thing.  Most likely, the less experienced reporters are embarrassed when they can’t keep up, so they aren’t speaking up.

So should you interrupt? The answer overwhelmingly seems to be YES!

Ok, if we know interruptions are inevitable and necessary, then, of course, we must ask ourselves how best to interrupt.  That definitely seems to be a personal thing, but there are some consistent themes.  I highly suggest reading through the comments, as there are so many great ideas.

Highlights include: be polite, and no sarcasm – UNLESS you have a killer personality and/or sense of humor, in which case, if you’re witty enough, a little humor may be just what the doctor ordered.  Putting your hands in the air seems to resonate as well.

Good luck!

February 3rd, 2011 Michael Feldman

It’s game day. You’ve prepared hard for this most important deposition, the big witness; your client is in attendance watching intently. It’s a chance for you to shine. The deposition starts off easy enough, and you get into a rhythm, you’re in total control, just as planned.  Then it happens, the court reporter interrupts because he/she isn’t getting the record, then interrupts again and again and again throughout the day.  So much for making a great impression on your client, not to mention the distraction to your flow.  Sound familiar?

Interrupting by the court reporter is one of the most common reasons that attorneys complain to court reporting agencies. Ironically, one of the biggest pet peeves that court reporters have with their agencies is when the agency does not support the court reporter when a client calls to complain that the court reporter was interrupting too often.

Tricky, huh?

So I set out to tackle this perplexing dilemma.  I started by surveying nearly 100 highly experienced court reporters throughout the US and even abroad, and the results were quite interesting. What I found were some practical ideas that attorneys can implement immediately to limit the number of interruptions at their depositions.  And here’s the kicker, implementing these ideas will also give attorneys cleaner realtime feeds, better roughs delivered faster at the end of the day and higher quality final transcripts.

Of the reporters surveyed, 62% have over 20 years of experience and 92% of them have at least 10 years of experience.  Additionally, nearly 75% of these reporters write (when the court reporter records the spoken word it is called “writing”) at 225 words per minute or faster.  That’s fast!  These court reporters work for most of the well known agencies, so some of them likely have reported for you.  We asked them a series of questions on how they handle interrupting and what they think can be done to limit how often they need to interrupt.  Many of the responses were fascinating and some of the results quite unexpected. After reading through zillions of ideas from these court reporters from around the world, I’ve come up with one simple observation, one provocative opinion and several practical ideas to help attorneys keep interruptions to a minimum.

One of the most fascinating discoveries from the survey is that the most experienced and talented reporters indicated the most willingness to interrupt, although they are least likely to need to interrupt due to the speed they write at.  Less experienced reporters were less likely to interrupt due to fear of seeming inexperienced and more likely to rely on “getting” the record from their audio back-up.  So which reporter do you think will deliver a higher quality transcript?  Like it or not, if you’re lucky enough to have a real pro reporter working for you, they are nearly certain to interrupt if they are not getting the record.

Maybe you’re thinking the simple solution is to use the same court reporter you’ve grown to love over the years or to keep the same court reporter for the entirety of a case… aah, if life were that simple. The reality is your favorite court reporter is not always available, the deposition sites for a case are not always in the same locale and you do not always get to select who the court reporter is.

Also, just to be fair, I am the first to agree that there is plenty that court reporters and agencies can do to address this problem as well.  But since my target audience here is attorneys, my focus for this blog is what attorneys can do.  I do plan to write another blog on this topic geared towards the court reporter and agencies.

We got some fascinating feedback from the comments on the survey. And as you’re reading them, remember, I’m just the messenger. These feelings are directly from the court reporting community, representing countless agencies, most likely including the one you use.

Simple Observation: Court reporters nearly universally feel that their skill level and difficulty of their job is often underappreciated by attorneys who “just don’t get it.”

Maybe you don’t believe me, or maybe you don’t care.  Well, here are real quotes from many different court reporters that came from the survey when asked about this topic.

The reality is that most attorneys and witnesses have no understanding of what we do and how difficult it is. They think we are tape recorders.”

“Get clients/lawyers who know how to make a record.”

“Most attorneys are totally ignorant of the effort the reporter must go to in order to make a record.”

“Unfortunately, the attorneys and witness control how much interrupting should go on.”

“… with over 25 years of reporting experience speaking fast is just part of the job, it’s going to happen. no matter how many times you ask them to slow down or not speak over each other, it is a battle that you just have to grind through because sometimes they just don’t listen…”

Read more quotes…

Provocative Opinion: Those attorneys that understand, accept and embrace that they are partially responsible for the amount of interrupting that occurs are the same attorneys that are likely to experience fewer interruptions, better realtime, better rough ASCII’s and higher quality final transcripts.

So if you’re willing to do something about it, here are the top two ideas you can implement immediately:

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

Simply implementing these two ideas consistently will save you a lot of frustration.  Give it a try.

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