Part of being a professional freelance court reporter is knowing what to say and what not to say when you are working with attorneys. As the owner of a busy court reporting firm, I have the occasion to coach new reporters on situations that may arise and how to handle them. I wanted to share a few of these situations where it was not obvious to the new reporter as to what a professional response should be.
When Asked for an Expedited Transcript:
1) “Sorry, I won’t be able to get your transcript to you over the weekend because it’s my birthday and I’m going out drinking.”
Yes, this really happened.
I know attorneys sometimes will spring an order for an expedited transcript on reporters at the last minute. Sometimes the attorney knows in advance that they will require a rushed transcript, but there are times when the testimony itself actually prompts an expedite order which was not anticipated beforehand.
The proper way to handle this situation is to let the attorney know you will do your best to meet their expectations. If you have already made plans for a celebration, make use of a scopist and/or a proofreader in order to get the rush transcript done, or enlist a fellow reporter at the firm you work with to help you. There is no reason reporters need to do their transcripts all by themselves when there are professionals available to help with the process. If the expense of enlisting help is troubling you, it is unwise to have the mentality of “I’m going to keep all the money from the transcript myself” when you are not able to finish the transcript in the requested time frame. It’s okay to have a life outside of being a reporter but we have to be smart about how we structure our time.
When You Have Plans After the Deposition:
2) “Can you finish up the deposition by 4:30 because I have dinner plans?”
The proper time to bring up this issue is with your office scheduler when you are being scheduled for the job, not when you are already in the deposition. In the freelance field, depositions are not always a predictable length. The attorneys many times don’t know how long a deposition will take.
If you have prior commitments, make your office aware of them beforehand so they can most appropriately schedule reporters for the day’s proceedings to the best of their ability.
When You Are Asked Your Opinion About The Case:
3) “You have a really good case,” or conversely, “You have a really bad case.”
I know attorneys like to ask court reporters what they think about their case, but it is not a good idea to voice your opinions about the matter. I know from experience that I can hear a deposition from one side and get one impression, then hear the deposition from the other side and get a different impression. It is hard to even have an opinion when we don’t have the whole picture in the first place.
It is more appropriate to let your attorney know that you are required to stay a neutral party, therefore, you will not be offering your opinion.
If You’ve Discussed the Case with Your Office:
4) “I told our office staff about your case, and they said…”
It is not considered professional behavior to talk with office staff about the deposition or witnesses or attorneys during breaks from the deposition.
As professional reporters, we are bound by confidentiality, and this is not professional conduct. You should not discuss the case with others.
The appropriate responses to these situations may be obvious to experienced reporters, but it is not always clear to new reporters what is expected of them. Training and mentoring can help eliminate these types of unfortunate situations.
If you liked this article, you may also be interested in “Court Reporting – A Profession, Not Just A Job”.