Learn To Write At Guinness Record Speed!

Many traditional methods take months of practice and produce only a moderate increase in speed. These techniques are proven to work, and the unique exercises allow you to easily practice them and achieve your speed writing goals in the minimum amount of time. This doesn't mean that you don't have to practice; no method can be successful without a lot of time and effort spent training your brain and fingers. However, these techniques are different from traditional methods. Instead of just trying to write the same as you always do, just gradually faster, these techniques present a whole new way of both shortening words and training yourself to combine groups of words into groups of single strokes, where you'll start seeing amazing results straight away.

Of course, you won't instantly be perfect, but you'll get a glimpse of a whole new world and immediately see just how much these techniques could benefit you, after you put the time into practicing.  This course really works and is much more productive than simply repeating your current writing techniques, hoping to become faster.  This course will also help give you motivation to become the best you can be. These techniques guarantees that they'll give great results for you!

Accurate Court Reporting & Transcription Services offers a choice of four ways to learn these techniques and start writing shorter and faster.  Please contact us for more information.

SAME DAY OR EXPEDITED TRANSCRIPTS DELIVERY

Miami and Broward Courier service

Free repository offers copies of PACER federal court records

Want to see the federal indictment of a mortgage fraudster? You got it. Need the docket for a U.S. appeals court case? It’s yours. All with the click of a mouse — and your 16-digit credit card number.

For a price, federal court filings have been available via the Internet through Public Access to Electronic Court Records (PACER) system since the early 1990s. But its fee of 8 cents per page is too steep for public documents, critics say.

Steve Schultze, associate director of the Center for Information Technology Policy at Princeton University, says public access to federal courts is essential to U.S. democracy. “On the other hand, providing public access requires expenditure of funds. Charging for access works against public access,” he said.

To make federal court documents available for free, Schultze co-founded RECAP, a Firefox plug-in that PACER users can use to automatically donate the court documents they purchase from PACER into a public repository. RECAP will also alert users when a document they are searching for within PACER is already available in the repository.

“It’s true that the cost of running PACER has grown only slowly over time, but the profits have grown dramatically,” Schultze said last week at a Center for American Progress meeting to discuss Law.gov, a series of workshops discussing the potential for a registry and repository of all primary legal materials in the United States. Law.Gov would be similar to Data.Gov, providing bulk data and feeds to commercial, non-commercial, and governmental organizations wishing to build web sites, operate legal information services, or otherwise use the raw materials of our democracy.

PACER collected about $90 million in revenue in 2009, accompanied by what the federal judiciary calls a “carryforward” – revenue left after costs were paid – of $40 million, according to Schultze. His analysis found PACER fees have funded projects unrelated to electronic document access such as upgrading federal courtrooms with flat-screen monitors and enhanced audio systems.

“Fee revenue in some years has exceeded expenditures, but that money does not comprise a ‘surplus,’” said Richard Carelli, a spokesman for the Administrative Office of the Courts, the office responsible for the PACER system. “Rather, that money has been something of a war chest for future projects.”

Those future projects include updating the case file/electronic case management system through which each district federal court files all of its records and creating a “next generation PACER” which aims to be more searchable and user-friendly, according to Carelli.

PACER also competes with Westlaw and LexisNexis, which offer more sophisticated searching and display capabilities and charge higher fees for access.

The PACER system has already undergone some recent improvements. In addition to an enhanced search mechanism, this year it also began offering online digital recordings of court proceedings for $2.40 per file, compared to the previous fee of $26 for a CD copy from a court clerk’s office.

“We anticipate that the percentage of PACER users who do not pay a penny will climb to 75 percent in FY2010,” Carelli said. In March, the Judicial Conference decided to amend the fee schedule so that fees are waived for users who accrue less than $10 in costs per quarter. Previously, annual charges of $10 or less were waived.

“We believe we are good stewards of the fee revenue,” Carelli said, “and we are subject to Congressional oversight and annual audits. It costs a lot of money to maintain, modernize, and constantly secure the PACER system.”

ABOUT THE DATA:

What: Federal court case filings

Where: Public Access to Electronic Court Records at www.pacer.gov

Availability: Online

Format: n/a

Usability: Searches can be cumbersome; each page of a court document costs 8 cents to view

Send your tips on government data sets that you think should be made more accessible or user-friendly to datamine@publicintegrity.org. You can also message us on Twitter or discuss the project on our Facebook page. We’re eager to hear what you turn up — full credit and links will be provided to individuals whose suggestions we use in our series.

The Data Mine is a joint project of the Center for Public Integrity and the Sunlight Foundation.

Hidden Content In Your Documents: What You Don't Know Can Be Dangerous

* This article was re-printed from the following author, it is very interesting.

Scott Smull

Workshare

Email: scott.smull@workshare.com

Scott Smull is CEO of Workshare and has nearly 30 years of proven executive leadership, most notably guiding companies through periods of double-digit growth. As CEO he ensures Workshare's document collaboration software enables business professionals to accurately create, collaborate and control high-value content efficiently.

Hidden information in documents can pose serious risks in all types of legal proceedings, yet many people are totally unaware of this danger. A potent example of hidden information is document metadata - hidden information contained in Microsoft® Office documents, including Microsoft Word, Microsoft Excel and Microsoft PowerPoint files. Whenever a document is created, edited or saved, metadata is automatically added to it at the system and application level. For example, Microsoft Word's popular collaboration features, such as comments and track changes, result in a significant amount of metadata being included in documents through the actions of the author. And this information can be unwittingly transmitted every time a document is emailed to someone either inside or outside the organization.

Originally conceived to make it easier to track and find document data, no one argues that metadata is useful when used properly and with an appropriate level of awareness. However, if counsel is careless or ignores the fact that metadata exists, it gives unauthorized people access to privileged information that can be used against you.

What Is The Risk?

The key to the problem is not that metadata is added to a document, but that it is difficult to fully identify and remove. For example, in Microsoft Word, adding comments and tracking changes are very helpful to users collaborating on a document. However, when a change is not accepted, it remains with the document, even though it appears to be invisible. These changes can easily be displayed by turning on the "show markup" view, which can result in embarrassing situations where external parties see information that was not intended for their eyes.

Metadata risks may be compounded when documents are attached from within Microsoft Outlook and sent to outside parties. Used as the de facto way to electronically exchange documents in most organizations, Microsoft Outlook does not offer warnings about the existence of metadata in attached documents or zipped files. Thus, the potential to accidentally send documents containing harmful metadata (and thus expose sensitive information with embarrassing or negative consequences) is amplified tremendously as documents are sent back and forth during the collaborative process.

High-Profile Cases Of Metadata

Metadata poses risks in legal scenarios when information disclosed is meant for internal use only. This can range from confidential statistics to exposing proprietary comments from document reviewers. There have been a number of surprising, high-profile cases involving the metadata in documents.

Here are examples of situations where metadata caused problems:

· Google: Private financial forecasting was revealed when hidden data was left in a PowerPoint presentation before posting it for the Wall Street community.

· Microsoft: Hidden data in Microsoft Office documents was discovered by the Associated Press and showed that Microsoft's advertising campaign highlighting a customer that switched from Apple to Microsoft was actually a member of their PR firm.

· Whole Foods: Hidden information in court documents disclosed that Whole Foods planned to close stores, revealed how Whole Foods negotiates with suppliers as well as other closely guarded marketing strategies.

· ATT: Confidential information contained in a PDF file revealed that ATT was spying on their customers.

· The British Prime Minister's Office: Hidden data in the UK government's "Dodgy Dossier," the document that helped propel the country into war, revealed a student paper was the source of the document.

· Barclays: An Excel spreadsheet contained 179 contracts within hidden columns that were then accidentally submitted in Barclays' buyout offer of Lehman Brothers assets.

· Alcatel: A security vulnerability in Alcatel's DSL modems was revealed in document metadata.

· The United Nations: Metadata revealed the UN office doctored a report on the murder of former Lebanese Prime Minister Rafik Hariri.

· Democratic National Committee: Judge Sam Alito inadvertently revealed his true beliefs on immigration laws and other issues when memos were released containing blacked-out data.

· Westpac: This oldest bank in Australia revealed a full year of profit results via metadata before it was finalized and lodged with the Australian Stock Exchange.

· Merck: Metadata revealed that the company deleted vital information concerning the arthritis drug Vioxx, resulting in users having false information on heart attack risk associated with taking the drug.

· Sun Life Financial: Hidden data found in a document forced the company to release its fourth-quarter and year-end results ahead of schedule.

The bottom line: Metadata can put you at financial risk, a competitive disadvantage, or in an embarrassing situation with costly consequences.

Types Of Document Metadata And Their Associated Risks

Document metadata comes in many forms in Microsoft Office documents, each with its own risks. For example, risks may involve revealing information on file names and addresses that can make it easy for hackers to gather sensitive information, email addresses that are supposed to be private, or proprietary pricing information. One particularly troublesome and embarrassing area is the scenario where document statistics may show more hours than a document's total billing time.

Following are examples of areas in Microsoft Office documents where metadata problems may arise:

Document Properties

Applies to: Microsoft Word, Microsoft Excel, and Microsoft PowerPoint documents.

Document properties are details about a file that help identify that it includes a descriptive title, subject, author, manager, company, category, keywords, comments, and hyperlink base. Document properties display information about a file to help users organize the files so that they can be easily found at a later date.

Risks: The names of authors and the name of the organization can display sensitive information. If a document has been sent outside your own organization, the author name and company name contained in the built-in properties could be a name other than your own. Also, if documents are re-purposed or used as a template for a new document, information specific to a previous client (for example, pricing, terms or client's name) can be stored as hidden information within the new document.

Document Statistics & File Dates

Applies to: Microsoft Word documents only.

Document statistics include information on when the document was created, modified, accessed and printed. In addition, document statistics display the name of the person it was last saved by, the revision number and the total editing time. Other statistics include number of pages, paragraphs, lines, words and characters.

Risks: Document statistics can create embarrassing situations. For example, the "last saved by" metadata shows the last person who edited the document and can create discrepancies over who worked on a document.

Document Reviewers

Applies to: Microsoft Word documents only.

Document reviewers consist of a list of users that have added or accepted document changes.

Risks: Document reviewers' metadata exposes who has suggested what changes. Removing the names of reviewers can be as important as removing the changes they have suggested.

Custom Properties:

Applies to: Microsoft Word, Microsoft Excel, and Microsoft PowerPoint documents.

Custom Properties includes any property fields added manually to a document or by various programs to help manage and track files.

Risks: Custom Properties are normally specific to an organization. Common types of custom properties are document ID, department and status. Custom properties can reveal proprietary information or competitive business practices.

Other metadata problems in Microsoft Word, Microsoft Excel and Microsoft PowerPoint documents are found in Headers and Footers and Comments. In Microsoft Word, metadata issues arise in Hidden Text, Footnotes, White Text, Small Text, Macros, Previous Versions and Fast Saves. In Microsoft Word and Excel, metadata can be problematic with Track Changes and Document Revisions, Routing Slips and Hyperlinks. And one troubling metadata area in Microsoft PowerPoint is with Hidden Slides.

Metadata Legal Opinions

The handling of metadata has created conflicting legal opinions. While some suggest that metadata should be available to the public, others stand by the idea that it should be the owner's choice as to whether they should make metadata public information or not. Here are some examples of the various opinions:

· American Bar Association Ethics Opinion: Lawyers receiving electronic documents are free to examine hidden metadata.

· Nova Measuring Instruments Ltd. v. Nanometrics, Inc .: Metadata should be produced.

· Wyeth v. Impax Laboratories, Inc .: Production of metadata is not required absent a strong showing of particularized need.

· The Alabama State Bar Commission believes that it is acceptable to hide metadata if this means that clients' secrets are kept confidential.

· The Arizona State Bar stands by the notion that it is the duty of the lawyer to protect his or her client by making sure that metadata does not fall in the hands of the wrong person.

· The West Virginia Bar Association does not believe that lawyers have the right to view metadata that is meant to be hidden

· Big Pond Communications v. Kennedy 70 O.R. (3d) 115 held that the path-and-filename metadata found at the bottom of the statement of claim, even though irrelevant, came within the ambit of the pleading, was privileged and was therefore not actionable.

Conclusion

Metadata can serve useful purposes for identifying, indexing and managing documents. It is critical to understand how metadata is created, where it is stored in a document, and how it changes, especially when collaborating. All types of metadata can reveal confidential information that may result in embarrassing incidents, competitive disadvantage or outright legal action against your organization.

Metadata can and generally should be cleaned before distributing a document, though it is surprisingly easy to send a document with confidential information outside the organization, particularly with the proliferation of smart phones and tablet devices that enable one to view, edit and redistribute documents via email, further increasing the risk of revealing confidential information outside a system's firewall.

Although there are conflicting legal opinions about the handling of document metadata, it is clear that this is an issue that deserves attention by every organization producing electronic documentation.

Electronic Signature Defined

Electronic signatures often bring to mind the image of someone holding a stylus instead of a mouse and signing his or her name on an electronic mouse pad that then sends the signature to the computer screen. While that is possible, it is not the meaning of an E-Transcript Signature.

A RealLegal E-Transcript Signature is a verification on secure servers that the transcript has been created electronically on a certain date, by a certain person, and that measures have been taken to encrypt the transcript and protect it from alteration. 

Statutes have been passed that recognize the legal validity of electronic signatures, and you have probably read news accounts of political scandals that describe how a judge wants a copy of records from a computer. In short, files on computers are recognized in courts of law.

You should check with the judges presiding over your cases and the attorneys involved in the cases to verify if they will accept electronically signed transcripts in lieu of hard copies. If they do, electronic signatures can save you time and money.

Where to Enroll

To sign a transcript electronically, you must sign up for an E-Signature account. Click the following link to access the Web site where you enroll: RealLegal electronic signature account and follow the instructions on the screen.

RealLegal® iBinder™ - Online Repository

Our firm uses RealLegal iBinder repository technology to instantly connect you with the transcripts and Publisher Bundles you’ve purchased. As an authorized user, you can login in to our secure, custom repository to find the materials you need and download them immediately. Our OnLine Repository is a delivery alternative that bypasses any possible delays or difficulties related to sending files via e-mail or on diskette.

Features

View streaming video from synchronized transcripts View video footage that is stored locally Activate Caption Mode to view scrolling text within Video Player Locate a project by searching by project name or new case number field Access Binder projects via a Web browser Upload and access the contents of RealLegal Publisher Bundles™ Search by the meta data (title, date, bates number, etc.) of transcripts and exhibits Sort by each of the columns for transcripts and exhibits Track the hyperlinks between transcripts and exhibits and jump to their locations Populate Microsoft Outlook calendars with events from the RealLegal iBinder shared Appointment Calendar Add exhibits, transcripts, and other attachments via synchronization with the master RealLegal Binder project View exhibits (image files, documents, PDFs) with the high performance Real Exhibit Viewer Modify on-screen properties of exhibits for optimal viewing Utilize the Hyperlinked Word Index and full text searching on transcripts Apply annotations, color-coded issues, and comments Print transcripts and exhibits directly from the Web browser interface Communicate via the iBinder Message Board, the iBinder Appointment Calendar, and iChat. Utilize their RealLegal iBinder site 24-hours-per-day, seven-days-per-week

The Future of Litigation Support

THE FUTURE

Clients are evaluating firms more:

"There will be two types of firms in the future. Those firms which look to their clients and try to identify their clients' needs and respond to them, and those firms that do not.

Corporations require law firms to provide services in a more cost effective way. Technology will assist forward thinking law firms in accomplishing that goal of customer satisfaction.

Those firms that adapt technology, including, and especially a collaborative information sharing utility, should be more successful in the marketplace.

Those firms that do not will find themselves with clients who are dissatisfied, who are paying more than they feel they are getting value for, and will find the ability to retain clients, more difficult."

Linking Electronically

Use of electronic links to bring together legal teams has major implications for case co-ordination, and client/lawyer relations.

To date, there has been too much duplicated effort within law firms and even teams working on the same case because there has been no co-ordinating communication. A bulletin board system would help prevent such waste.

Most importantly, it brings clients back into the decision making process.

Innovation v Automation

"The greatest singular asset of these tools is that it allows you not only to automate workflow and practices with your client but truly innovate, and innovate in a way that law firms aren't used to thinking about.

Once you can essentially bring your client in virtual reality into your office, you can begin not only do things differently, but you can stop doing things that are inefficient. Those things include trading numerous telephone messages; those things include obviating the necessity for long analytical report letters."

Setting the Record Straight: Common Misconceptions of Digital Court Reporters

With the introduction of any new form of technology comes some common misinformation. In the early 90’s, there was a report released about cell phone usage at gas stations, claiming that it caused explosions. This report was later proven false in 2003 by Shell Oil, who stated that cell phones did not emit a strong enough static charge to ignite the fuel.

Perhaps not so dangerous, digital reporting has its misconceptions as well. Below are a few of these common falsities.

1. Digital recording equipment can’t catch every word.

   
   There comes a time in a proceeding where what’s being said can be missed by someone shuffling papers, coughing, or sneezing. This can be quite an obstacle for the person trying to capture the record. There’s been some speculation that using an audio recorder isn’t the best option for this particular problem, but that isn’t necessarily true.
   
   
   Digital reporting requires the use of a multi-track audio system, which places each participant on a different channel. If someone were to cough in the proceeding, for example, their channel could be muted by the transcriptionist and what was said could be heard on any of the other three channels. The same goes for two people talking at once. Each channel could be listened to individually so that the information stated would be heard from both parties.
   This isn’t your average standalone tape recorder. Digital reporters are specially equipped with broadcast quality field recorders to better capture the record.

2. So easy, a caveman could do it.

   
   All you need to do is push the ‘record’ button. This type of thinking has many reporters worried about the future of court reporting and its credibility. No need to worry. There are certain skills and certifications in place to ensure that what’s captured digitally is just as credible as what’s being captured by a stenographer.
   In 2003, the American Association of Electronic Reporters and Transcribers, AAERT, developed a certification program for digital reporting. All transcriptionists used at Accurate Reporting & Transcript Services, Inc. have been AAERT certified, having passed both the written and practical examinations. To be certified, candidates must have at least two years in the court reporting or transcription industry, possess a high school diploma and be a notary public. Currently more than 90% of certifications given by the AAERT are digital.
   Certain skills are required of digital reporters, including excellent listening skills, a good knowledge of English grammar and awareness of correct spellings of names, places and events discussed in the proceeding. The ability to moderate the proceeding is also important, ensuring that nothing gets out of hand during testimony and everyone is kept on track.

   Fun Fact: Did you know that the state of Florida doesn’t require a court reporter to be certified? That means that any Joe off of the street can pick up a used steno machine and call themselves a court reporter.

3. Less money for the local economy.

   
   Once the proceeding is recorded, it gets shipped off to a transcription company overseas, right? Wrong. Here at Accurate Reporting & Transcript Services, Inc., we value our local economy. That’s why our audio files go to transcriptionists in the area. When the transcript is ordered, the audio file is sent to certified transcriptionists, who are almost always court reporters, themselves. Once completed, we review the transcript for formatting and accuracy before we send it to our clients. Our goal is to keep our business local, making sure that the money stays in Florida and that technology isn’t taking away jobs from our local economy.

Just like the misconceptions that a cell phone could crash a plane or start a fire, digital reporting has its misunderstandings as well. The important thing is to be knowledgeable. Choose the best option that fits your needs, but do your research first. And to squash a couple of other misconceptions while we’re at it, the web is not the same thing as the Internet, and Macs CAN get viruses too (although it is extremely rare).

Video Conferencing or Teleconferencing & Video Deposition

Clients are realizing the value video conferencing can bring to their deposition work. Controlling costs to your client is by far the leading benefit of video conferencing services. Any time you need to meet with anyone across the country, simply come to Accurate Reporting & Transcription Services. With one call to us you can set up video conferencing and do a video deposition anywhere in the world.

When you schedule video conferencing services through Accurate Reporting & Transcription Services you can conduct depositions, meetings, witness interviews, and other case-related services around the world without leaving the city.

Our facilities provides private and professional conferencing space with a complete range of legal support services and amenities.

Client flexibility is enhanced because the video schedule can be set for any time, including Eastern, Pacific and Central time zones.  Multiple video conferencing locations can be connected at one time, allowing the client(s) to manage their time and costs more effectively.

Contact us for more information.

MIAMI COURT REPORTERS

Legal Video Specialists: Videographers & Teleconferencing

We assure that our clients will receive excellent service and dependability. With our experienced court reporters, digital reporters, videographers, video teleconferencing and interpreters we are able to provide each and every client with the utmost in quality transcripts, video teleconferencing, video depositions and the best, most up-to-date services possible to assist your litigation needs. Our court reporters, videographers and interpreters possess the experience, expertise and advanced technology to deliver consistent superior services, exceptional support, and the highest levels of dependability and reliability.

Accurate Reporting and Transcription Services offers daily transcription service and copy video, overnight, two day expedite, three day expedite, four day expedite, five day expedite, and seven to ten day regular service. We specialize in meeting deadlines. Our staff is prepared to efficiently handle your transcript orders, ensuring you have the documents where and when you need them.

Nationwide Network of Reporters and Videographers

Whether you require a Court Reporter for deposition, trial, hearing; videography, conference space, video teleconferencing, language interpreter, translation, transcripts, our team of reporters, scoopists, videographers and administrators is ready to serve you, from the Keys to our Nationwide Network.

We are proud to have among our clientele some of the top law firms and attorneys in Florida. We look forward to serving your reporting needs with the same excellent service our clients have come to expect. Schedule our services online today!.

Realtime transcription

Realtime transcription is the general term for transcription by court reporters using Computer Aided Transcription ("CAT") technology to deliver computer text screens within a few seconds of the words being spoken. Specialist software allows participants in court hearings or depositions to make notes in the text and highlight portions for future reference.

Typically, realtime writers can produce text using stenograph machines at the rate of at least 200 words per minute. Stenographers can typically type up to 300 words per minute for short periods of time, but most cannot sustain such a speed.

Realtime transcription is also used in the broadcasting environment where it is more commonly termed "captioning."

Career opportunities

Realtime reporting is used in a variety of industries, including entertainment, television, the Internet, and law.

Specific careers include the following:

• Judicial reporters - use a stenotype to provide instant transcripts on computer screens as a trial or deposition occurs.

• Communication Access Real-time Translation (CART) reporters — assist the hearing-impaired by translating spoken words into text, giving them personal access to the communications they need on a day-to-day basis.

• Television broadcast captioners — use realtime reporting technology to allow hard-of-hearing or deaf people to see what is being said on live television broadcasts such as news, emergency broadcasts, sporting events, awards shows, and other programs.

• Internet information (or Webcast) reporters — provide realtime reporting of sales meetings, press conferences, and other events, while simultaneously transmitting the transcripts to computers world-wide.

• Other rapid data entry positions.

External links

• National Court Reporters Association (stenotype)
• National Verbatim Reporters Association (speech recognition)
• CourtReportingHelp.com, a student resource center
• Court Reporting Office Management and web-based transcript repository software (court reporting firm software)
• Court reporting firm deposition repository for 24 x 7 access to office schedule, court reporter jobs and turnin, and attorney schedule and file transfer (deposition transcript repository)
• Realtime Reporting at Drexel University
• U.S. Department of Labor Info on Court Reporting/Realtime Reporting

111 NE 1st. Street, Suite 386, Miami, Fl. 33132

(754) 367-2748 Office

(877) 532-0301 Fax

Schedule Reporter:

Sharon Hodge

Order Transcription: 

Leanne Schuppener

Billing:

Jay Shuppener

Name *
Telephone *
E-mail *
Message *

SHARON HODGE

My name is Sharon Hodge. I, along with my partner Nancy Krakower are the owners of Accurate Reporting and Transcription Services, Inc. I have been in the Court reporting business for over twenty years working with some of the large Court Reporting agencies in the Broward/Dade county areas.

When my career began, I started working in the Fort Lauderdale, Broward County Courthouse under Judge Geoffrey D. Cohen in the criminal/domestic violence division for a little over six years, which is where I received a lot of my trial experience. After taking a short break in my career, I gave birth to my first daughter and began a transcription company from home where I was able to offer typing services for reports and attorneys in the legal arena. Shortly thereafter is when I met, my now partner, Nancy who also provided transcription services for other Court Reporters and local attorneys.

After approximately five years of working with Nancy we decided to form and develop Accurate Reporting and Transcription Services, Inc. We are a company that at the present time is comprised of fifteen Court Reporters who services the Dade, Broward and Palm Beach County areas. Not only do we offer Court Reporting services to attorneys, we also assist other agencies with their over-flow work and work hand-in-hand with many well known Court Reporting companies.

Court Reporting is a very important and large part of my life, and I would highly recommend this career to anyone who is seeking employment in the legal arena!

Deposition Preparation

Preparing for Your Deposition

1. General Notes

Your deposition is extremely important and will affect your case in many ways. You must understand everything in this preparation document before being deposed. A deposition is a device commonly used in the "discovery" phase of a lawsuit, before trial. All parties in a lawsuit, through their attorneys, have a period of time after a suit is filed in which to discover facts about a case in order to prepare for trial. Depositions and interrogatories (questions to be answered in writing under oath) are two of the most commonly used.

In a deposition, the witness (you in this case) is called the deponent and is sworn to tell the truth (by the court reporter, who is neutral) before any questions are asked. Attorneys will attend for both sides and the attorney for the opposing party will ask you questions, while the court reporter takes everything down to provide everybody with a copy. (These transcripts are very expensive.) Portions of the transcript will probably be used in the trial.

The opposing attorney wants to find out what facts you know, wants to get an idea of what sort of a witness you will be at trial, and also wants to get your testimony committed to writing. Warning: everything you say will be used against you, and it is the opposing attorney's purpose to get you to say something that will hurt your case. Your deposition is not for your benefit; it is for the benefit of theother side. You must resist the urge to tell your story or vindicate yourself or justify your actions. You must answer the questions as briefly as possible and never volunteer information. You will have your chance at trial, when your attorney is asking the questions. So listen carefully to each question, think before answering, and answer concisely-with a "yes" or "no" if possible.

Depositions are not the trial, even though they may be used at trial. Depositions are informal proceedings, usually taken in an attorney's office, and the judge is not present. They usually last two to six hours–sometimes less. The scope of questions is unlimited, and attorneys have the right to ask broad questions on topics that may seem irrelevant. Many topics are covered in depositions that will never be admissible at trial. You must answer all questions unless your attorney instructs you not to answer (another reason for listening to the complete question and taking time before answering).

The opposing attorney may act like Mr. Nice Guy, and you should be polite, but always remember: his duty is to try to help his client by weakening your case. Do not trust him and always remain mentally sharp. Some opposing attorneys will be short and snappy with you, and at times may seem hard-lined and relentless in questioning you. Despite the tactics by opposing counsel, you must remember that he/she is not your friend. Your only friend in the deposition is your attorney.

Your attorney will not ask you any questions. He is there to protect you from improper questioning. Remember: this is not the place to tell your story, but only to give facts as you know them. If your attorney begins to speak, you must stop talking. If the attorneys enter into discussions, you are not to say a word, but listen carefully to what is being said. If your attorney makes an objection, remain silent until he/she tells you to answer. If your attorney instructs you not to answer, do not answer–no matter how angry the other attorney becomes or how harmless the question may seem to you.

2. Getting Ready for Your Deposition

First read this document–several times–and make sure you understand all of it. If not, ask your attorney or his staff about anything you do not understand. Then review any interrogatories you have answered, because the other attorney will probably use them at your deposition. Read the pleadings and motions that have been filed and go over them with your attorney if you have questions about them.

The other side has the right to ask you to bring documents to your deposition. If you have not been asked to bring anything, do not bring anything. If you have been asked to do so, do your best to gather the documents requested, even if it means getting them from a lockbox or storeroom. Review all documents with your attorney before your deposition. If you have not been asked to bring any documents, but you have documents you think you should bring, discuss it with your attorney.

Important: Letters between you and your attorney and his/her staff, and any documents prepared in connection with the lawsuit are privileged and confidential and never should be produced. These documents may be privileged under the attorney-client privilege or under the work-product privilege. If you produce even one of them, you may forfeit the privilege for all of them. If any documents requested by the other side are privileged and confidential, let your attorney know immediately.

Your attorney or his staff will meet with you before your deposition to prepare you further. Do not hide anything from your attorney. You must be totally truthful with your attorney–and that includes his/her staff–and you will not be fully protected if there are things the other side may know that your attorney doesn't know. Be candid in all respects and rest assured that everything you say to your attorney or his staff is privileged and confidential. Think of any bad things the other side could possibly know and be sure to let your attorney know about them.

3. The Deposition Itself

Dress neatly. The best outfit is comfortable business attire, with nothing flashy, nothing offbeat, nothing dirty, nothing sloppy. Remember, the other attorneys are evaluating you as a witness. If you will be making a good impression on the jury at trial, your testimony is more valuable.

Produce requested documents and answer truthfully. Your duty is to answer each question as truthfully as you can, but also with as short an answer as possible. Before answering any question, remember tolook straight at the attorney asking the question, listen carefully, pause at least two or three seconds to think, and then give your short, concise answer politely and calmly. For most questions, a "yes sir" or "no sir" or "I don't know" is sufficient. If you say more than three sentences, you have probably said too much. Remember to do this with each question, so that every answer is formal and controlled and you are controlling the tempo of your deposition.

Always be polite. Your conduct and demeanor may be more important than the answers you give. Try to make a good impression. Relax and remain calm, trying not to show nervousness. (You will be nervous, but try not to show it.) Always respond courteously. Always refer to the attorneys as "Mr." or "Ms." Speak up positively with assurance.

You may consult with your attorney. If you have questions or concerns about your potential answer, you may ask the opposing attorney, "May I consult with my attorney?" You may then either talk privately at the table or go outside to discuss it with your attorney. Do not be afraid to ask your attorney questions if you feel it important, but keep these consultations to an absolute minimum. Your attorney cannot tell you how to answer but can help clarify the question. Never answer a question with a question or rhetoric.

Your testimony must be truthful. Tell the truth, the whole truth, and nothing but the truth, but only in response to questions, and with short answers. If you do not tell the truth, you could be subject to criminal prosecution for perjury. If you are caught not telling the truth, it will hurt your credibility and therefore, your case. You must answer every question truthfully.

Answer only from your personal knowledge. Never volunteer an opinion unless specifically asked to do so. Never guess or speculate. Guessing or speculating is not truthful. Do not do it. Don't let the opposing attorney fool you into making statements outside of your personal knowledge or about something you do not remember.

Testify in your own words. Don't let opposing counsel put words in your mouth. Stay with your version of the facts as you know them. One tactic some attorneys use is to say "Well, is it fair to say that . . . ?" If he/she uses this tactic and attempts to summarize parts of your testimony, listen carefully and do not agree unless it is exactly true in all respects; if not, state that you do not agree with his/her summary.

Do not be intimidated. The opposing attorney may make an insinuation or express an opinion that you are not telling the truth. This is an old trick and you should not fall for it. He/she may say something like, "Do you mean to tell me that you're willing to sit here under oath and swear to that?" Remain calm, look him/her in the eyes, and say, "I have just testified to that fact under oath." The opposing attorney may speak with a raised voice and seem hateful, but your attorney will not let you be badgered or let things get out of hand.

Be careful of questions dependent on your memory. If you are asked about something that happened long ago and you do not remember the date or time, just say so, and do not guess. Nobody expects you to remember every fact of your life. If pressed for dates, you can say, "To the best of my knowledge, it was around that time." If you don't remember, say so. Often, the truthful answer to a question begins with "To the best of my knowledge at this time."

If you don't know, say so. Again, do not speculate and do not guess. If you do not know the answer to a question, just say, "I do not know." Do not assume anything. Another old trick is for the opposing attorney to pull out a piece of paper and read it to himself, then ask you if you remember writing a letter to [name] that said [facts]. Don't be fooled into admitting something of which you are not sure. Don't say, "I guess so" when the truthful answer is "I do not remember writing such a letter."

Don't give long, rambling answers. The opposing attorney will always gain an advantage if you talk too much. Never ask to explain your answer before giving it. And don't explain your proper "yes sir" or "no sir" answer, either. You must not volunteer information that is unsolicited–ever. An example: You are asked to "State the highest degree of education you have earned." Many witnesses respond: "Well I graduated high school and then went to college for two years." This is volunteering information. The correct answer is "a high school diploma." You will only hurt your case and help the other side's case if you volunteer information, no matter how harmless it may seem.

Don't give an opinion unless asked. Just answer with facts and never give your opinion or belief unless asked for it. Again, this is volunteering information and can only hurt your case.

Finish your answers. If you do have a long answer, and the other attorney interrupts you when giving your answer, you should politely insist on finishing your entire answer. Just state that you were not through with your answer and insist on being allowed to finish it.

Use care with documents. If you are asked about a certain document, you should ask to see the document before answering. But never refer to a document to refresh your memory without first discussing it with your attorney. In some states, if a deponent is asked a question and stops to look at a document to refresh his/her memory, the document must be disclosed–even if it is a privileged document.

Always keep your guard up. Everyone is nervous about giving a deposition. It is only natural. Sometimes a deponent will begin to relax as the deposition progresses and they may even actually begin to enjoy being the center of attention. Avoid this feeling. It is dangerous and leads to your forgetting the rules outlined in this article. Remain alert, be on guard, sit up straight, and remember to:

a. Look and listen

b. Pause and think

c. Answer briefly

Remain polite and courteous, keep your guard up, and don't let the opposing attorney talk you into hurting your case. Never let yourself be provoked into anger, arguing, or being upset.

Nothing is "off the record." The court reporter is taking down every word. An attorney may ask you for an answer "off the record," but do not fall for it. The only thing off the record will be discussions among attorneys when the reporter has been instructed to stop recording.

4. After Your Deposition

Provide information if agreed. During the deposition, you and your attorney may agree to produce something to the other side. Locate it immediately after the deposition and deliver it to your attorney as soon as possible.

Correct errors in the transcript. You will have a limited time to make any corrections after the court reporter has typed the transcript. Read it carefully and make all corrections. If you don't do so within the time period, which may be as few as 20 days, you will not be able to correct it later and you will be stuck with it at trial. Follow your attorney's advice regarding making the corrections.

Answers may need to be supplemented. In some states you are required to supplement any answers you gave at a deposition. If you are asked a question in a deposition, and your answer later changes, you must let your attorney know. For example, you may be asked for names of witnesses, and after your deposition you learn of another witness. You must give that new information to your attorney immediately.

Review your deposition before trial. Make sure you re-read your deposition testimony before you get to trial. Most cases settle and never reach trial, but not all cases settle. If you are going to trial, it is critical that you know everything you have said under oath, whether in a deposition or interrogatories.

By 

Carol Ann Wilson

Steno Machine - Diamante

When considering upgrading or starting off your new career as a court reporter there is no better way than the steno machine known as “Diamante”.  Appearances are not everything, but regardless as a bonus this tool has it. Besides the futuristic design it promotes, it is also very efficient.  With less time editing you can get your work out sooner than you ever imagined. Having a reliable machine and great court reporting skills go hand in hand. So, do not think about it any longer Diamante the future of steno machines.  With innovations like this one you will see new features like the following:

Depth of stroke and tension adjustment:

Both the depth of stroke and the keyboard tension adjustments are conveniently accommodated by thumbwheels located on either side of the keyboard. For 95% of reporters, these two adjustments will be all that is necessary to maximize your translation results. And, futher reflecting the exquisite engineering of the Diamante, the depth of stroke can be adjuster on the fly without impacting individual key setting you may have made.

Keyboard Sensitivity:

If, after adjusting depth and tension, a reporter is experiencing splitting or stacking, the next logical step is to adjust the overall keyboard sensitivity. This sensitivity is especially. Useful if you have selected a very short depth of stroke. If you are getting a key or keys that you don’t want, adjust the sensitivity downward. Increase the sensitivity to get keys that are not registering. The sensitivity adjustments are accessed through the keyboard menu.

Split/Stack Adjustment: If you are experiencing general splitting or stacking of steno outlines, the Diamante can quickly provide specific assistance. The Diamante’s Split/Stack Adjustment feature is simple to navigate and is easily accessed through the keyboard menu. Adjustments can and should be made in small increments.

Transition Time: One final, overall keyboard adjustment is available if splitting or stacking issues are not resolved with earlier methods. Transition times are the amount of time that lapses between the end of one stroke and the beginning of the next. Increasing the time will help reduce the number of stacked strokes while decreasing the time helps to eliminate splitting.

Basically, you cannot go wrong with this machine. So, enjoy less time editing. 

Accurate Reporting's way

Court Reporting is a business where you can find a variation of hearings, trials, depositions and between so many others. Not only that, but also last minute debacles where you just need a court reporter to be there 5 minutes ago. No need to stress or worry with our staff standing by for any type of call. We will do anything possible to accommodate our clients.  This kind of experience can only be obtained due to years in business which we have in our arsenal and simply gives us the upper hand in this industry. Many companies have come and gone, but Accurate Reporting is here to stay for years to come.

Our clients are well pleased with our service and maintaining that level of satisfaction is our main goal not only to keep our clients happy its mainly, because we take pride in what we do and it’s not something we take lightly. Nor do we associate with anything under perfect quality. Simply it’s how things need to be done, in our company there is no room for mediocrity. Only the best qualified court reporters are working with Accurate Reporting to provide efficient service to you.

To sum up the way we do business is simple precise, detailed and accurate reporting is what defines us as a company.