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TechTracker

  • NCRA's ER Warning Signs

    NCRA’s ER (Electronic Recording) Warning Signs  Please distribute this document to court reporters across your state.  It should serve as a reference guide of situations to watch for on the ground in your area. ER is spreading, and changes are occurring in the court reporters’ marketplace. ER, or electronic recording, consists of digital audio and video recording of court or deposition proceedings.  ER is being utilized to create the record in the courtroom and freelance setting.  These ER machines are replacing court reporters often through attrition or decision-maker choice.  The decision-makers who have control over this decision are different individuals depending on where you live.  They can include court administrators, chief justices, judges, court managers or law firm owners.   The first step to retaining court reporter positions is to be aware of that fact that this change is occurring.  Review the following warning signs, and be sure to share them with your coworkers, colleagues and friends.  Don’t leave your fellow court reporter in the dark alone.  Choices exist and resources are readily available for each individual. Top 10 ER Warning Signs 
    1. ER Pilot
    Your local court or county begins to discuss an ER pilot project or program where they will test a particular system in a courthouse or in several courthouses to find out if it is a viable alternative to traditional stenographic court reporting.   
    1. Murmuring
    You start to hear rumors about a judge or court administrator meeting with an ER vendor.  Your judge is retiring, and you hear from a friend that the incoming judge is thinking about installing ER and letting you go.   
    1. Technology Committee
    The state supreme court has decided to create a “Making the Record Committee.”  The committee is charged with reviewing the process of creating the court record in your state and assessing how to revamp the process and “update” it.   
    1. Budget Cuts
    If you start to hear individuals talking about budget cuts in the court and potential lay offs, be sure to listen to the conversations.  Court reporters are often one of the first items on the chopping block.  The courts argue that ER is cheaper. 
    1. Investigating Technology
    The court administrator or the chief judge starts to talk about investigating technology for the courtroom.  Be vigilant if vendors start to come to the courthouse and pitch their wares to the key decision-maker in your courthouse.  Some vendor names to listen for include FTR (For the Record), JAVS, and CourtSmart.   
    1. Attrition
    If a lot of the court reporters in your area are going to be retiring soon, you might want to talk to the key decision-makers in the courtroom and freelance setting about their plans once the retirements start to creep up.  You should ask if they are planning on rehiring.   
    1. Restructure Plans
    Many courts are currently going through massive restructuring and renovation due to a number of reasons.  Outdated courtrooms, outdated computer systems and the installation of new case management systems are a few examples.  Be aware that oftentimes when they start to look at updating the courts, the decision-makers consider installing ER at that point.  Decision-makers are often convinced that ER is the wave of the future.   
    1. Shortage Complaint
    Complaints of a shortage of court reporters to fill vacancies especially in rural areas of the country have led to the installation of ER.  Be aware of this issue in your local area. 
    1. Negative Attitude or Lack of Accountability
    Court reporter attitude can lead to the installation of ER.  If court reporters fail to be a team player or have a negative attitude, the decision-maker holding the purse strings may opt to deal with a machine rather than a human.  Also, a lack of accountability is another key factor.  Late transcripts or failures to complete transcripts due to personal issues have cropped up across the country as a problem, and these instances tend to end up in the media.   
    1. Control
    Access and control of the court record is another reason some decision-makers are opting to install ER.  They feel that because the record is then captured on a CD in English regardless of what happens they will maintain the record in a format that someone will be able to transcribe.  Top Ten Reasons to Utilize a Court Reporter! 
    1.  Transcript Production
    Court reporters provide the only voice-to-text translation of the spoken word.  Other methods leave you with a recording which must eventually be transcribed. 
    1. Redaction
    Court reporters have the ability to redact sensitive information from the transcript to protect an individual from identity theft or for security purposes.  Court reporters can redact addresses or social security numbers before the information is released to the public. 
    1. Mobility
    Court reporters are a versatile and mobile option.  They can travel to any room or location and guarantee that they will perform at their peak.  Remote court reporting is an option that allows a court reporter to cover a proceeding in a rural area while they are in their home office in another town.   This mobility can be important in emergency situations, such as during hurricanes or other times of trouble or if a deposition must occur outside of a law office, such as in a jail, hospital, home, etc.  A decision-maker will have continuity of operations when he or she works with a court reporter.    
    1. Human Intervention
    Court reporters offer the benefit of the human touch when creating the record.  Court reporters are present throughout the entire record-making process.  They follow along word-for-word and are able to stop a speaker who might have an unintelligible accent to ask for clarification.  Also, court reporters can instantly read testimony back upon request.  Court reporters are trained professionals responsible for creating an accurate, efficient, and timely transcript. 
    1. Accurate NOT Adequate
    Court reporters ensure that the consumer has an accurate record every time.  When consumers rely on other methods of creating the record, they sometimes must settle for an adequate record.  When justice is on the line, obtaining an accurate record is a must. 
    1. Realtime
    Court reporters can provide a realtime record.  This service is extremely valuable to everyone involved.  Court reporters are the only individuals who can provide a realtime record.  Realtime allows parties in the proceeding to follow along with the events as they occur.  The court reporter captures the proceeding and displays the text on a laptop as it is happening. 
    1. ADA Compliance
    Court reporters can provide CART (Communication Access Realtime Translation) or one-on-one captioning in the courtroom.  This aids in reviewing testimony and provides access for attorneys, judges or witnesses who are hard-of-hearing; thus, meeting the requirements of the Americans with Disabilities Act.   
    1. Quick Turn Around
    Court reporters can provide their consumers with quick turnaround on their transcript requests.  Utilizing realtime technology, a court reporter can provide their consumers with a record the same day the proceeding takes place.    
    1. Certified Court Reporter
    A trained, certified court reporter is an expert on providing you with a reliable and accurate product.  Certification ensures that a court reporter reaches a certain level of excellence and, in turn, will produce an exceptional end-product. 
    1. Customer Service
    Court reporters pride themselves on their customer service.  Court reporters are involved throughout the entire record making process to ensure that the end user receives an accurate, fast and reliable record.    What do you do if your area is being threatened by ER? 1.      Contact NCRA.  Reach out to Nate Smith, the NCRA ER Task Force staff liaison, at nsmith@ncrahq.org or by calling 1-800-272-6272, extension 165. 2.      Contact your state association. 3.      Contact NCRA’s ER expert, our marketing consultant, Laura Dennis with L. Dennis & Associates, Inc.  She can be reached at lcdennis@cox.net or by calling 571-239-0765. 4.      Fill out NCRA’s ER Checklist.  This document will allow you to solicit input and advice directly from the ER Task Force.  You can obtain an ER Checklist by emailing Nate Smith at nsmith@ncrahq.org 5.      Attend NCRA’s training opportunities relating to marketing court reporter value.  Marketing court reporter value is essential to fighting the ER threat.  Keep your eyes peeled for “NCRA’s Marketing Court Reporter Value Seminar.”

     

  • The Michigan Experience: Marketing the Profession

    President’s Message to the Michigan Association of Professional Court Reporters

    By Thomas Klink, RPR, CSR

     

    It is a privilege and an honor to be your president for this coming year. In the fall of 2003 I had no idea that volunteering to be on the board of directors for the Michigan Association of Professional Court Reporters (MAPCR) for just a three-year term would lead me to where I’m standing now. But through the encouragement of many past presidents of MAPCR, especially Cecile Gordon, having attended many board meetings, as well as being given the opportunity to attend leadership seminars, conventions, and training, I feel confident and ready to meet this challenge. However, most of my support and encouragement in this endeavor comes from my proofreader, who also happens to be my wife, Pat.  I’ve also been supported by my brother-in-law Mike Van Poppelen and his wife Diane.

     

    I am a court reporter in the Tenth Circuit Court for the County of Saginaw. As the swing court reporter I have the privilege of working with five different judges at the courthouse.  Four years ago I was hesitant to begin an officialship in Saginaw because writing realtime for the judges was mandatory. The day I began working there was the day Marie Puchel retired. How right she was when she said the people you work with every single day become like an extended family.  I’d like to thank Carol Harrison and Estelle Przybylski for helping me transition into a realtime writer, thus making me a better reporter.

     

    Last year while attending NCRA’s annual convention in New York and leadership in Virginia, I learned that representatives from companies that provide other forms of making the record are on an aggressive campaign to show to both court administrators and the bar that their method of reporting is far superior to ours and that it’s cheaper. Michigan is one of their targets.

     

    Yes, we are more expensive than alternative methods, but we provide quality and dependability.

     

    From the time I researched the occupation of court reporting during the time I spent in school to today, almost 22 years in this profession, I have heard people say:

     

    Do you mean you guys are still around?  Aren’t you going to be out of a job pretty soon?   You’re going to be replaced by “state-of-the-art” equipment – tape recorders and video.

     

    How can we save our jobs, retain the clients that we have, and acquire more work?  It does not require an increase in dues nor an expensive ad campaign. It is called marketing, and it involves each and every one of us. I’m not making a distinction between freelance, official, CART writer, or captioner. We should all work together. It is our responsibility to educate the pubic on what we do and how important our job is. This should be done whether we are threatened by new technology or not.

     

    When asked what I do for a living, I am proud to call myself  a court reporter! When my father is asked what his son does for a living, he is proud to say, “He is a court reporter,” as he demonstrates with his fingers what I do. It was almost 25 years ago that my father assisted me in finding a reporting school and pursuing my dream, and I’m grateful for that.

     

    So how do we begin to market ourselves? Let’s begin with students. Members of the MAPCR Board, led by Rebecca Callow, have spearheaded efforts to inform teachers, counselors, and students about their reporting profession by attending career days held at schools in their local areas. I’d encourage you to seek opportunities such as this to showcase your skills and market our profession.

     

    Officials, do you market yourselves to court administrators and judges every day by writing realtime? If you don’t, start now! When a new attorney is admitted to the bar, do you provide a complimentary transcript of their swearing-in ceremony? Do you participate in law day activates and mock trials, and are you visible to students during such activities?

     

    From personal experience, realtime is the ultimate marketing tool. It has proven invaluable to the judges I work with, allowing them to make rulings and research testimony while still on the bench. Testimony from today, yesterday, or even a week ago can be retrieved from inside the courtroom and not from some database in another office or off-site location.

     

    E.R. and video vendors are spending thousands of dollars in marketing their products to court administrators, yet they seldom address as a package transcript preparation by a professionally trained person. E.R. is a product. Products are easy to market, and they’re attractive, but they fail to provide a service with the added touch of the human element. Other methods may seem cheaper, but quality suffers when transcripts contain such things as inaudibles and missing testimony. We do not inadvertently record private attorney-client exchanges or sidebar conferences in the transcript.

     

    Does the record still matter? You bet. As one federal judge has said, the Court need not listen to an attorney’s spin on what transpired unless the record accurately reflects the same because the record is still king!

     

    As you have shown through your attendance at this convention, you are continuing to update your education and knowledge by earning continuing education credits. Please continue to do so.

     

    Freelancers, market your abilities by offering realtime or doing a presentation of your legal support capabilities at local bar association or legal secretary association meetings.

     

    Volunteer to write an article on how to make a useful record for your local bar association newsletter. Accommodate the public when they ask you to demonstrate how our steno machines work. Take part in pro bono services through MAPCR.

     

    As Lynne Zakrzewski, Pat Hyland, and many others from this association have done, volunteer your time to transcribe testimonials from World War II vets for the Veterans History Project. If you don’t know what that entails, please contact Lynne or Pat.

     

    CART providers, I hope you all had an opportunity to read the summer edition of the “Record Times,” which included an article written by Anita S. Lane detailing a hard-of-hearing law student named Hayley Rohn, who accomplished a lifelong dream of obtaining her degree from Wayne State University in May of 2007 with the assistance of CART providers. Prominently featured in this article was information on the dedicated service by MAPCR’s own Paulette Foster, Karen Klerekoper, and Felicia Jordan. What a fulfilling way to market yourselves and our profession.

     

    Captioners, seek to educate the general public that the captioning of programs is done by a trained expert and not a machine. Market your diversity at every opportunity to showcase your skills.

     

    Parents, spouses, friends, and family, be proud to say, “I know a court reporter!”  For far too long we have been slow to react to stories in the news media when our livelihoods have been brought into the spotlight by negative comments.

     

    MAPCR members, we must all become proactive and market ourselves every day to compete in today’s workplace. No one else will do it for you. We have a unique talent to share. What we bring to the workplace simply cannot be matched by other means of making the record.

     

    Please join me in marketing our profession each and every day to preserve your job and those of the students who follow.

  • My Thoughts on the Record

    These thoughts, posted to the NCRA Forum by NCRA Technology Evaluation Committee member Breck Record of Texas, represent the sole views of the author. This Tech Tracker publication aims to inform recipients of technological changes and developments in our industry and provide a forum for discussion on topics of interest to NCRA members.

    I have never been averse to looking at new technology, as long as it is for the betterment of our profession. I have an analogy I'd like to share in regards to scoping that might apply to other areas. One of the problems I have with scopists is whether to pay them by the page when they work for me, or whether to pay them by the hour. Over the years, I've fought with that because on the one hand, if paid by the hour, they know that they are going to make so much every hour and I see the production sometimes go down because whether they do 5 pages an hour or 50 pages an hour, the pay is the same. On the other hand, I have paid scopists by the page and have seen over the years at different times the push, if you will, to get pages out and edited at the expense sometimes of being accurate because "the more pages you edit, the more you make."
     
    Now, I am by no means picking on scopists, but the point is if paid by the hour, are they more inclined to be more accurate? If paid by the page, are they more concerned with quantity over quality? Those are questions I always ask myself and always wonder about. Do I give a scopist a nice hourly salary to edit for me, or do I pay them a nice page rate?

    This can also be applied to associations. Do we keep things as they are, or do we push to add members at the expense of the longtime members who aren't willing to change? I don't know. I remember the church I attended while in San Antonio and the average age of the members. The age was in the upper fifties, with a few families who were like me....in their late twenties and early thirties. Well, to try to get the majority to want to change or to do something different in church or to modify the service or the routine sometimes was about as hard as trying to get Congress to pass legislation or agree on anything. Many times, after new change was brought about, all were okay with it, but, in the beginning, it was a struggle and a fight to bring that change about.

    We are probably, as a profession, at this same crossroads, whether nationally or in our own local and state organizations. Change is on the horizon, and how do we address this change? What's best for the reporter? What's best for the profession? What's best for the client? These are questions that we all have to ask ourselves and figure out what direction we are willing to go and what direction we are not willing to go. What changes are tough but okay in the future? I don't know. Should we fight ER or accept that it works? I don't know. Is embracing ER by using backup audio media with our software okay? Was that the right thing to do? I don't know. These are all things that have to be figured out and examined over the next few years and discussed. Knee-jerk reactions are definitely not the way to go, but in the defense of a knee-jerk, it just signifies to me the passion one feels about what they believe in.
     
    I'm very passionate about court reporting. I hope to do this for many more years. Where does voice recognition come in? Digital? Do they scare me? Sure they do. Am I doing what I can with the technology that I have to fight it or protect myself? You bet I am. Is it something I should embrace in some form or fashion next year? Five years from now?   Ten years from now? I don't know. Am I so set in my ways that I'm not willing to look at it and examine it? Not at all. I like to know my friends, but I like to know my enemies even better. I can sit here and badger that which I don't know all day long, but until I really look at something closely, I'm not going to be educated on what I like or don't like about it. I'm in no way suggesting that voice or ER are the way to go here, but I'm trying to have an open mind about it and understand the enemy before I go after it and try to destroy it.

    I know a couple of things about digital right now:

    1. Yeah, it can make a good recording.

    2. Yeah, a person can sit there and monitor it.

    3. Yeah, a tape can be made from it to transcribe.

    4. Yeah, there are going to be "inaudibles" if the "monitor" doesn't speak up and say "You were talking at the same time."

    5.  Yeah, the judge, attorneys, monitor, won't know if there's a recording until after the fact, despite the monitor wearing headphones and monitoring the recording.

    6. Yeah, you can get a transcript back within a few weeks or sooner, if necessary.

    7. Yeah, you have to pay someone to transcribe that tape, be it a transcriptionist, or a court reporter, who will probably charge you more just because you didn't have them there in the first place and charge you the "rekeying" fee to have to sit there and rekey the job so they can edit it.

    8. Yeah, a monitor can keep a note file of events that happened. But…

    There is no way on this green Earth that a digital tape has been able to beat me on the turnaround and give the client a transcript within hours of an all-day hearing when I’m writing realtime and a scopist is right behind me; and,
     
    There is no way that anyone is going to be able to get a rough draft of the proceedings immediately at the end of the day; and,
     
    There is no way that a scopist can sit right there behind a digital tape and start editing it like they can sit behind me and scope on-site right now; and,

    There is no way that, in a depo, an attorney is going to get a transcript within an hour or so of the depo; and,

    There is no way an attorney in a depo can leave the depo with a rough draft either printed or emailed to him at that moment.

    When my clients want to "See it Write Now," they call me to the job and not Sony or Memorex. "Is it a court reporter or is it Memorex?"  It's a Court Reporter every single time
    .
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    Seemingly from the inception of NCRA more than a century ago, technology has spurred vital and heated discussions among members. That trend continues today with the inroads of ER, competing voice writers, and future technologies yet to be developed. As a reporter reading Mr. Record’s thoughts, do you agree or disagree?  Where do you see the profession and Association heading, and is that path the right one?  Debates such as these will allow for healthy discourse and continued member passion.  Please take a moment to share a thought on this article by posting a comment to this blog.

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