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Hart Beat

Publication of Hart Reporting, Inc. June 2010

"WOW"

Factor

By: Karen Hart

s court reporters, it is easy to fall into the routine of taking depositions, attending court, and producing transcripts. Most reporters work independently of each other and have little interaction with the office support staff. But do we ever stop to wonder, How do our clients really see us? Do we exceed your expectations? Is our work quality fantastic? As the saying goes, "Only the paranoid survive," and that's why we are specifically asking for your feedback. We count on you for the best advertising that money cannot buy ­ word-of-mouth referrals. We want our competitors to envy our reputation. Do

Karen L. Hart, RMR, CRR [email protected]

The

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we arrive early? Do we meet our (your) deadlines? In what areas are we excelling? Are there areas where we're falling short? What about our professionalism? These are questions we plan to routinely ask ourselves. The 8/16 Rule: Do a good job, your clients will tell eight people. Do a bad job, they'll tell 16 people. We want to exceed your expectations. Our goal has never been to be the biggest court reporting agency around; it is to be the best. We welcome any feedback you have about how we can better "Wow" you!

Toll Free 1-877-907-HART Online Scheduling ~ www.hartreporting.com Harrisonburg ­ 84 West Water Street, Suite A and Charlottesville ­ 1020 Ednam Center, Suite 002

Conference Rooms Available in

SCHEDULING OUT-OF-TOWN DEPOSITIONS? WE CAN HELP...

art Reporting, Inc. is now part of a National Network of court reporters and videographers that will treat you as if you were one of their own clients. Our network is referred to as "Table 8" and it is comprised of firms similar to Hart Reporting -- independently owned with high standards and an excellent reputation. Most firm owners in "Table 8" know each other, and we are thrilled this idea is taking off! No more wondering who to call - no more hassle with scheduling or having to receive your transcripts COD from out-of-state agencies. We now have coverage in most of the 50 states, Canada and Europe. Please let us know if you would like our assistance when scheduling out-of-town depositions and we will handle all of the details. You can be assured you're getting the best reporters and trial support around the country!

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WHY INSIST ON STENOGRAPHIC REPORTERS?

here is no substitute for the human element that stenographic reporters bring to the courtroom or deposition setting. Having a single person be a part of the transcript-making process from beginning to end guarantees the best record possible. When someone's life or livelihood is at stake, there is no room for discrepancies. Steno court reporters can sort and discriminate between testimony and background noise, clarify technical terms, and ensure that off-the-record conversations

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are excluded from the record. When the trial is heating up, stenographic court reporters can provide unofficial transcripts of testimony virtually instantly or read back from any portion of their notes. Currently in Virginia, there are no laws, rules or regulations governing court reporters. Make sure to protect your client's rights and insist on a professional stenographic reporter rather than an untrained tape recorder operator. The record is too important.

THE COURT: All right. What the Court has decided is that I'm going to go home, spend some time with my wife, have a martini, cut up my credit cards, and I'm not going to think about this case again until Monday. We're adjourned.

After a long day in a domestic trial:

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Hart Beat

The Practitioner's Guide to the Care and Feeding of Court Reporters

By L. Steven Emmert, VBA News Journal - Summer 2009

L. Steven Emmert runs a private practice in Virginia Beach focusing exclusively on appellate advocacy in state and federal courts. He also serves as chair of the VBA's new Appellate Practice Section. Mr. Emmert very graciously gave his permission to Hart Reporting to reprint this article.

ho's the highest-ranking person in a trial courtroom? No; it's not that scowling guy with the robe, menacingly waving the gavel at you. It's the court reporter. Want proof? Well, we can agree that the judge can tell everyone in the courtroom to shut up (assuming he's in a bad mood; otherwise he'd phrase it more delicately than that), and that he can Rule #1: enforce such a directive. But the court reporter can silence You must cultivate a good working relationship with a the judge. Code §8.01-420.3 provides that the judge can't competent, reputable, and reliable court reporting firm. direct that the reporter go off the record unless everyone consents. This statute is designed to ensure that all trial Rule #2: court proceedings are on the record, to facilitate appellate You must bring a reporter from that firm to any review. That means that the court reporter can say, "Excuse proceeding in which the trial court will decide something me, your honor, but I have to change paper," and his honor more important than what to order for lunch. has to just sit there and fume in silence. Now that you understand why the reporter is the Comment to Rule #1: highest-ranking person in the courtroom, here's why she is You should be prepared to spend at least some also the most important person in your appeal. time meeting the first of these requirements: Finding a Rule 5:11(a) provides competent, reputable, and that the transcript of trial reliable reporting firm. Ask court proceedings is a part about more than just rates of the appellate record as (although you should ask This . . . is virtually guaranteed long as it's filed within about those, too); find out to endear you to even the most 60 days after the date of what the firm's standard judgment. The transcript is turnaround time is for nonexperienced, jaded reporters. essential to appellate review. expedited transcripts. Ask You already know that the if the firm is affiliated with contemporaneous objection the National Court Reporters rule (Rule 5:25) is the biggest Association and adheres to barrier by far to appellate review of the merits of an issue; the that association's Code of Professional Ethics. Find out how transcript helps the justices to identify where, exactly, you much experience each reporter in the firm has. As you'll see raised an objection in the trial court, how you presented it, below, there are advantages to working with a firm with and how the trial judge resolved it. In essence, if you don't multiple reporters, so you should ask how many reporters have a transcript, then you don't have an appeal. (There work there. Find out how many lines of text the firm prints are exceptions, such as where the trial court sustained a per transcript page. (25 lines per page is standard. Keep demurrer. In that instance, the only issue is the sufficiency in mind that an unscrupulous reporter can give himself of a pleading, so a transcript will usually be immaterial. But a largely-invisible 12% raise by printing only 22 lines per this kind of appeal is comparatively rare. In addition, you page.) Get references, and ask to see examples of their may be able to resuscitate your appeal by using a written work; if you see loads of blank space on many pages, keep statement of proceedings under Rule 5:11(c). I'll post a shopping. separate essay on that rule in the near future.) What's more, the timely filing of the transcript is one Comment to Rule #2: of the mandatory deadlines in the appellate rulebook. Rule Yes, I said any proceeding. You should volunteer to 5:5(a) specifically identifies these mandatory deadlines provide the reporter for every deposition, every hearing, (which the court interprets as jurisdictional), and the every trial. The only exception is where the deposition will filing of the transcript is right up there with the notice be in another jurisdiction, or so far away that your reporter of appeal and the petition for appeal. If you don't timely doesn't travel that far. Even then, ask your reporter for a file a transcript, you're likely to get a letter from the court recommendation in that jurisdiction or locality. directing you to address how the court can consider the appeal without it. Unless you have one of those rare appeals If you follow these two simple rules, over 90% of (like the one with the demurrer) where a transcript isn't your transcript-related problems will vanish immediately. necessary, your appeal is probably headed for a premature You'll know in advance what to expect when you get a bill. end. You'll know how long the reporter generally takes to turn

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I hear all kinds of horror stories from trial lawyers about their dealings with court reporters. I hear about delays in getting transcripts, inaccuracies, even what they perceive as predatory pricing (including the suspicion that the other side's reporter is giving a sweetheart deal to the "friendly" lawyer, expecting to gouge the "unfriendly" lawyer on the copy rate). Many lawyers suspect that their opponents are playing footsie with their preferred reporter in this or similar ways. I'm good-natured enough that I doubt there's any real truth to these suspicions. But my customers fret about it. Happily, even if they're right, there is something they can do about it. Here's that something:

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transcripts around. You won't have to worry about trying to convince a complete stranger that she typed four when what you really said was before - or worse, that she left out a not. You will be able to file transcripts with confidence instead of grumbling about getting home-cooked by a . . . a menial functionary, for cryin' out loud! Well, perhaps that's step 1 in your conversion away from the Dark Side. Court reporters are not mere functionaries. They are not machines and they're not slaves who must do everything that you direct in order to comply with your wishes. (Neither are court clerks; but that's another essay.) They're professionals who deserve your respect, and that includes the times when you're having a bad day. Start out by treating them with courtesy, in the way you would want to be treated. Toward this end, I have developed a set of procedures you can use to care for and feed your court reporters, and reduce the transcript-related stress in your life. Before trial 1. Call in advance! I know that emergencies sometimes arise in your practice, but it's rare that the need for a court reporter will arise without warning. Ideally, you should call your reporter the same day you select the hearing or trial date. Don't wait until 5:45 pm the day before the 9:30 am trial; although many reporters can accommodate such lastminute requests, they don't enjoy it. Would you? 2. Provide plenty of contact information, for yourself and your secretary. The reporter may have questions before the hearing, or he may want to contact you afterward with a question about something that occurred during the hearing. Make it easy for him to get in touch with you. 3. If you cancel or reschedule the deposition, hearing, or trial, don't forget to call the reporter. That can save you an appearance fee, and the reporter the hassle of getting dressed up to go to court. 4. Let the reporter know in advance if you'll be needing expedited or daily transcripts. This enables the reporting firm to make arrangements that are in your mutual interests. For example, the firm can send John in to take down the morning's proceedings. At the lunch break, he heads back to the office to start transcribing; in the meantime, his colleague, Mary, appears to take down the afternoon's testimony. John may be able to get you his transcript by the end of the day, and Mary has only three hours' worth of materials to transcribe that evening, in order to get the transcript to you first thing the next morning. If you don't let them know this, John has to stay in the courtroom all day. He then gets back to the office at 6:00 pm or so, with six hours' worth of trial to transcribe. Do you enjoy staying up 'til the wee hours when you're in the middle of a multiday trial? Well, neither does John. Do it my way, and you get your transcript promptly, plus you get a more attentive reporter for Day 2, since he got a good night's sleep. 5. Here's the scene: You're preparing for tomorrow's scheduled two-hour hearing on a complex statute of limitations question. You're going to cite to the judge four key cases, one of which is the little-known but dynamite case of Cowznafski v. Pastafalooza. You make three copies of the case - one to give to his Honor; one to grudgingly hand over to the Bad Guy, even though he doesn't deserve it; and

one for your own notebook. Have a heart; make a fourth copy, and give that to the court reporter. That will make her life easier because (1) she won't have to remember to ask you how to spell Pastafalooza, and (2) when you start reading from the case, and read too fast (see below), she can look at her copy and be sure to get the wording down right. At the trial 1. Slow down when reading. Studies show that 62.4% of Americans, and 100% of American lawyers, speed up when they're reading from a prepared text. That's because when you're speaking extemporaneously, as we usually do while arguing a motion or responding to a question from a judge, there are actually two consecutive processes going on. First, your brain has to decide what you're going to say. Only then do you actually start speaking. (This protocol is waived for teenagers and most college students, who spontaneously speak anything that comes to mind without considering whether it would or would not be a good idea to say that. They also start sentences with no clue of where the ultimate destination will be. But I digress.) This twostep process tends to slow your speech, as your mouth has to wait for your mind to conjure up just the right thing to say. But when the words are right there on the paper you're holding in your hand, there is no governor on the accelerator pedal; you can go as fast as your lingual dexterity will allow you to form the syllables. Slow the hell down! Fast speech isn't persuasive anyway; when a speaker wants to make a profound point, he slows down his speech for emphasis. (Try it.) The record for the fastest recorded speech by a public figure has been reported to be John Kennedy's 327 words in one minute in 1961; professional "speed-talkers" reputedly have passed 600 WPM. You don't want to go there; it makes for a mystified jury and a hopeless mess of a transcript anyway. 2. During breaks in the proceedings, approach the reporter and ask something like, "Do you need any spellings of anything?" Assuming your reporter doesn't faint at receiving this remarkable courtesy, he will usually say yes, and ask you how to spell Pastafalooza, or the "bijillion" dollars you asked the jury in opening statement to award your client. This one is virtually guaranteed to endear you to even the most experienced, jaded reporters; they are not accustomed to meeting lawyers who care one whit about the court reporter's lot in life. After the trial 1. Order the transcript as soon as you perceive a need for it. This might even be during the trial; but if you conclude a few days later that you'll need to appeal, go ahead and order it then. Don't wait until that mandatory and jurisdictional 60-day deadline starts to approach. Rush jobs (a) are stressful for the reporter, (b) tend to produce a few more errors, and (c) cost you more. 2. The reporter will usually attach a bill to your copy of the transcript. You should pay that bill no later than the next day. Not in ten days; not 30 days; and certainly not after two nagging phone calls asking for payment. The next day. I learned long ago that the surest way to acquire the favor of any vendor is to develop a reputation as someone who pays his bills, not just promptly, but immediately. n

REPORTER SPOTLIGHT

Registered Professional Reporter

ur worker bee -- hands down ­ is LORI GERCZAK. Lori joined Hart Reporting in the spring of 2007, and many of you know her well. Lori is a Richmond native and now resides in Goochland with her husband Gary and their two small children. Upon graduating from court reporting college in the late `90s, Lori began working in Richmond until her husband's transfer to Indiana University. She then worked for a large agency in Indiana and gained invaluable experience there. Most of her work in Indiana involved technical expert witness depositions. She returned home in 2003, began working in Richmond again, built a house, and had her two babies. Lori covers a variety of cases: red light/ green light cases, employment litigation, and medmal. She has provided realtime for wrongful death and medical malpractice trials, as well as streaming realtime text over the internet in complex patent litigation. When asked what she enjoys most about being a court reporter, this was her response: "I love being in a different place with different people every day. Since I don't have to go to an office from 9 to 5 every day, my pajamas are my work clothes many days when

Lori Gerczak

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I'm working on transcripts. My success is determined by how hard I want to work." Lori admits there is really nothing more entertaining for her than a "juicy" divorce case. One of the many things we all appreciate about working with Lori is that she will travel anywhere at any time with no complaints. She's willing to go wherever our clients ask her to go. One particular client always requests Lori to cover his trials and depositions. Recently we asked Lori if she knew why that client was so insistent. This was her reply: "Well, it may have something to do with that day we were in court and he was standing in front of the judge arguing his case, and his fly was down." (As an aside, this was in front of a female judge.) Lori said, "I got the attention of his paralegal sitting at counsel table and signaled to her. The paralegal discreetly got his attention, and the problem was taken care of." Lori has an incredible sense of humor; add to that her quick wit, and she is quite charming and fun to be around. Outside of work, Lori enjoys traveling with her family and going to horse races during the summer. Her favorite city is Chicago because of the music, food, and the Bears. She tries to go to at least one IU basketball game and one Yankees game every year.

Hart Beat

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REALTIME

UPDATE

WIRELESS REALTIME IS HERE!

Go online for free CaseViewNet software download and save to your desktop www.stenograph.com/V2MiniSplash.aspx?id=CaseViewNetAtty Wirelessly connect through the realtime reporter's WiFi router Live testimony appears immediately on your screen No wires No cables No Tokens Save your transcript and/or annotations to LexisNexis TextMap or Summation Contact us for a free demonstration of this amazing technology You will be hooked...

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