What do you say when an attorney asks you if you are using audio?

The answer with the most votes is considered to be the best. Disagree? Vote for your favorite answer below.

I leave my backup digital recorder right out in the open next to my computer. When they ask, which is practically never, I say, "I'm just being responsible and using this digital recorder as a separate backup. I've never had to use it, knock on wood, but you never know what could happen."

Answered by jeanese {2372}
6/30/2010 1:08:24 AM

[4 Votes]

Maybe we should be adding the words... as a backup IN CASE MY LAPTOP IS STOLEN ON THE WAY HOME OR MY COMPUTER CRASHES... not as a backup to ME, my skills, and the fact that you have a live person court reporter here. I'm not being critical... I'm just sayin' We wouldn't want the attys (or anyone else in the room to see a digital recorder) to start thinkin' Hmm, Wonder if I just had the digital recorder INSTEAD of the COURT REPORTER, maybe I could get the same result. Food for thought, at least.

Answered by Lisa Migliore Black {659}
http://www.miglioreassociates.com
7/2/2010 10:53:15 AM

[3 Votes]

I just tell them that my audio backup is cheaper and more effective than malpractice insurance if an attorney were to question my record.

I have a Diamante with audio and when I wear my headphones around my neck and someone asks, I just tell them it's a hearing loop for soft-spoken witnesses or attorneys. Only my judge knows I have the audio backup. During trials, there is always read back at sidebar. I have a pad and pen there so if I didn't get it, I will replay it and write it out and then read it back. My judge is okay with it and counsel can see it in writing. My screen on my writer is only in notes display in case somebody is watching over my shoulder. No one has ever questioned my procedure so far. - Sherri 3/15/2013 9:17:54 AM | Flag

Answered by jbergmancsr {1270}
6/29/2010 7:30:28 AM

[1 Votes]

Okay. I'm posting an answer to my own question here, but I just wanted to say that I have said, "Just for my own backup." This seems to satisfy.

Answered by DSasseen {38}
7/2/2010 12:24:29 AM

[1 Votes]

I tell them it's my backup. While working on the transcript, if something just doesn't seem right, I can double check against the audio but that's it's just for an occasional spot check.

I was just asked about it the other day for the first time. That answer seemed to work for the person that asked. I think the way you respond, tone, etc., makes a huge difference. If you don't seem defensive and act like it's not a big deal, then they won't take it as a big deal.

The first 30 years I was in Court Reporting we never used back-up audio. It was considered a threat to our profession and seemed to indicate an inability to keep up. Finally, I forget who it was, but it was a woman court reporter who began endorsing digital back-up recording, and she was criticized by many members of the profession for endorsing this. Now it's common for almost everyone to use back-up audio. As most of you know, it's embedded in a lot of the new writers. My comment, if anyone asked me if I was using audio back-up, would be yes, litigation is much too expensive these days and of great importance to all participants involved to not take every precaution to insure the most accurate record possible. Besides, years ago it was too easy to blame the Court Reporter for anything in the transcript that either the attorneys and/or the witness would take issue with. Now with audio back-up, it's pretty much end of story. I recently took a very significant videotape dep of a witness in a trial involving the accidental shooting of a police officer by another police officer. One of the witnesses answered a question no, and I was somewhat surprised at the answer, but it was very clearly a no. After the dep was transcribed one of the attorneys insisted that I had recorded it incorrectly, and it could have changed the entire potential outcome of the matter. However, we had the videotape, the video audio, as well as my own independent audio to clearly indicate that I had done my job properly. - danstout 7/2/2010 8:01:47 AM | Flag

Answered by hrhpatti {25}
7/19/2010 8:35:42 PM

[1 Votes]

I would say? Audio? What Audio? Do people really use audio?

End of story.

Answered by iamwrdsmth {588}
6/30/2010 12:47:51 PM

[0 Votes]

I am being obstinate now, but I might respond with something like:

Do I need to use audio?

Or ask them why?

Or I might say, my software has the capability, but I only use it when/if I feel I might need the backup (because you guys are out of control -thought not said)

Remember the audio is for your use and not required to be supplied to the attys. -- at least that's my understanding.

Answered by binita {123}
7/2/2010 8:36:29 AM

[0 Votes]

I tell them it's for my personal use as back-up, and I make sure I use it specially when it's a technical job. I've been asked numerous times about it and none of them have objected to it although an attorney I work with on a regular basis with told me that he knows a few lawyers who take issue with it. If that ever happens, I'll just do the depo without the audio. After all, I don't rely on it. I just have to be extra careful with proper names and such when I do that.

A few of the attorneys have been curious as to what happens to the audio after I'm done with the transcript, and I tell them that once the transcript has been made, the audio is deleted, which is what I do. I don't keep them as they take up a lot of space.

Answered by stenomom2three {15}
7/6/2010 12:17:14 AM

[0 Votes]

After 14 years of reporting and never using audio, my agency required that we all get and use it. So when someone asks me, I say, "The agency prefers we use it. If it makes you uncomfortable, I have no problem turning it off as I do not rely on that to make a record." The few times I've been asked, none of them cared, they were just curious. We do have an attorney, however, that loves it, while his associate hates it, so I don't put it on when I work with him.

Answered by DLspellswell {16}
4/15/2011 12:28:07 PM

[0 Votes]

Just say no. There is no need to get into a dialogue about it with the attorneys.

I can't believe this is even a question in 2011. I offer synced audio from my writer with our E-transcripts now. The audio on my Diamante writer is becoming a part of our product that we sell. It's not a competency issue. It is a technology and accuracy issue. Audio ensures accuracy, and attorneys are ordering synced audio with the transcripts now. Let's stay ahead of the game here. This is a technology-based service. They sync videos with transcripts, and they sync audio with transcripts. - CtReporter 10/16/2011 8:02:07 PM | Flag

Answered by B {25}
7/27/2012 10:32:06 AM

[0 Votes]

Very interesting comments above. And it is a very touchy subject where I work... We have been directed to under no circumstances use audio by the chief judge of the district. Can you imagine? This is how backward the field is in some areas. I would absolutely lose my job if it was suspected that I was using it.

So I like the answer above. Audio? What audio? Anyone who is not a court reporter has no idea what we go through and the same goes for this issue. We are all, excepting a very few folks who don't last long, highly competent and skilled. And audio is simply another tool. And one that is valuable.

The thing that drives me crazy is people trying to dictate to us as cr's what they know absolutely nothing about. We all know how quickly a proceeding becomes incomprehensible without a live reporter just using audio. But of course the same has never been able to be true with just a reporter. We know when we don't get something! No machine will ever have that kind of power. But it is helpful to have it as an aid to whatever we are doing. I truly believe only a cr would even understand that though.