david feldman WORLDWIDE On time reporters. On time transcripts

“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…”

 “Counsel is usually too pompous to say they didn’t understand what the witness said and, in my opinion, would rather see what the court reporter struggled with and now they have a paper document and they can see with their own eyes and hang their hats on.”

“I have been reporting for over 30 years.  I find that with the advent of audio backup, attorneys do not seem to care as much whether the reporter is “getting it” or not.  I think if more of us would start interrupting and impress upon the attorneys that it is their record and they have to help us make it, maybe this problem would be lessened.   I sometimes will tell them that they really do need to slow down or the dashes they find in their transcript will make for very difficult reading.”

“If some attorneys absolutely don’t want to be interrupted and they’re not cooperative in helping create an accurate record, then they get what they get.  The attorneys have to realize that we need their cooperation because we’re not magicians.”

 “One time I just couldn’t understand the witness after I interrupted and had to keep asking him to repeat what he said.  The attorney got so frustrated he said, “What are you, stupid?  I decided to agree with him and said, “Yes, I am, but would you mind giving it to me one more time anyway.”  Everyone got a big laugh, humility set in and that attorney requested me every time we had a dep.

He said any man that can admit his shortcomings is all right with me. I am of the belief that no one is perfect, even though attorneys think they are, and when truth, with humility and a good sense of humor is used, that’s the best recipe for success.  It doesn’t hurt though being a great reporter, which I happen to be, by the way -with all humbleness and confident in my abilities.”

 “Sometimes after going a full, long day, I just lose it and I speak out.  Not real funny unless you know me.  I am very quiet and put up with a lot, but after asking, and asking, and asking, at the end of the day, I just stopped writing and said, YOU AREN’T LISTENING TO ME.  I have asked you a million times to slow down.  It’s getting late and I’m tired!  Everyone just froze, like, Did that really come out of you?!!  I couldn’t believe I actually was so obnoxious!”

 “If court reporters would interrupt when necessary, the attorneys will get used to the idea that that’s a normal part of the deposition process.  As it is, too many reporters don’t interrupt and the more record conscious reporters end up hearing “well, other reporters don’t interrupt me,” implying that they’re bad reporters.”

 “Perhaps send an instructional or informative letter to attorneys, especially new ones.  They seem to like to give their “ground rules” to witnesses but don’t follow them themselves.”

“I think if attorneys knew that bad conduct will compromise their record, that they would conduct themselves differently.”

 “I don’t know what the reporting agency can do to limit the need for interruptions, other than refuse to book depos with known difficult attorneys.  The reporting agency can’t control the attorney or witness.”

“I think if attorneys knew that bad conduct will compromise their record, that they would conduct themselves differently.”

 “If we could come up with some good instructions to the witness AND attorneys before the depo begins to help them understand what we do.  It’s helped sometimes when I have explained to the witness (with attorneys listening) that I may have to interrupt a few times right at the beginning until everyone gets into the flow of how everyone should speak (loud, clear, at a well-modulated pace) since a deposition is different than a regular conversation.  That gives me confidence to inetrrupt, which is my job.  Unfortunately, the attorneys and witness control how much interrupting should go on.”

“provide a proper explanation of what the court reporter does, that it is a person listening and transcribing, not a machine.”