How should I transcribe this scenario ...

Asked by tking {76}
7/19/2011 10:52:16 AM

Attorney questioning is on speaker phone, another attorney present in room.  Attorney's phone is voice-activated, so most times the beginning of his questions, a word or two was dropped off (he was also on Skype so I could see his mouth moving but no words), and if he hesitated mid sentence, sometimes words and/or syllables to words were missing, i.e., I'm sure he said "increasing" but we all only heard "creasing."

Phone attorney was interrupted and advised of this problem numerous times by me and the videographer (yes, videotaped too!  Nightmare!)
How would I note in the transcript that the reporter has not dropped words or syllables in her transcript, but that what is being transcribed is what was actually heard on my end?


Also, when attorney in room would make objections, the attorney on phone would butt in, the attorney in the room would not stop talking, I would try to interrupt to have them stop speaking over each other, but with the speaker phone, the attorney on phone could not even hear attorney in room speaking or myself trying to get them to stop!!  Finally when arguing would stop, I would say, I'm sorry, I could not report that because you were both talking, and the phone attorney informs me, "Well, you need to control that on your end."  I informed him I was doing such.

Should I note anything in transcript at those times other than reporter interrupted??

Thanks in advance ...

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Answered by Rosalie {1907}
7/20/2011 10:27:23 AM

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Since it was videotaped, you need to pur your words on the record, even if you didn't get to write each word you said.  You can listen to the audio and fill in.  The way it sounds, you're lucky it was videotaped because a judge or whoever is going to see exactly what happened.  You need to also put in when you informed the attorney on the phone  when he was cutting in and out and his response to you, if he had one.  You can only do so much, but everything you said should be in the record for your protection instead of the usual blurb you may use.

Thank you so much for your help. I suppose you are right that the audio is available for all to hear, but it is a total pain editing! I will definitely make sure all my remarks are in the transcript ... there's lots of them!    -    tking 7/20/2011 10:44:41 PM | Flag


Answered by Marge Teilhaber {294}
http://www.mteilhaber.com
7/25/2011 10:17:25 PM

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Make sure you put EVERY SINGLE TIME you interjected or anyone interjected.  

Yes, it's a big nuisance editing.  I surcharge each party for videotape and each phone participant an additional surcharge for being on the phone.  It's only fair and this is a small example why.  Spend whatever time slowing up the audio putting every word and part word in the record.  Show EVERY INTERRUPTION.  Garbage in and correctly transcribed gargage out.   Also, put plenty of paragraphs in.

I love the surcharge. Good for you.    -    pinksteno 7/27/2011 8:06:50 PM | Flag
They're savings hundreds and hundreds by sitting on the telephone. $.50/page telephone surcharge ($.35 to me) is nothing compared to that. It's a time-consuming nuisance dealing with them and it's only right. Add it to your rate sheet!    -    Marge Teilhaber 7/27/2011 9:39:55 PM | Flag


Answered by pinksteno {1009}
7/21/2011 10:34:48 AM

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Excellent advice from Rosalie.

My practice has been to remain silent on the record.  If an attorney asks me a direct question on the record I will write "The Court Reporter" and my response.

Tking, your experience is not uncommon these days, as I have spoken with Reporter colleagues who have encountered your situation, and I have as well.

Since it was videotaped, I agree that you should fill in where you didn't have a chance to write your requests to counsel.   Protecting yourself and the record is paramount.

I salute you for having survived this nightmare of a deposition.



Answered by Melvin {451}
7/21/2011 10:58:57 AM

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I agree 100% with Rosalie.  I find myself reporting more and more of these telephonic depos.  It's tough when every single person is on a conference phone.  Even though I always introduce myself on the phone and remind them of the importance of stating who they are prior to any objections, they RARELY do.  AND THEY ALL SOUND ALIKE!  This is the one time I pray for an accent.

But I did receive one suggestion for this that I rather like; and that is, just type DEFENSE ATTORNEY:   then their objection.  What do you guys think, or has anyone done it this way?

I would type UNIDENTIFIED MALE/FEMALE DEFENSE ATTORNEY:, that's the way I have done things in the past.    -    Rosalie 7/21/2011 12:28:53 PM | Flag


Answered by pinksteno {1009}
7/21/2011 8:29:47 PM

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Telephone depos are a real challenge to say the least, Melvin.

It's not that bad when you have one or two on the phone, but multiple voices are very difficult to discern, especially if they engage in spirited colloquy.  Of course, if the phone quality is poor that just adds to the stress level.

I like to use UNIDENTIFIED VOICE:,  or SPEAKER NO. 1:, SPEAKER NO. 2:, etc.



Answered by iamwrdsmth {588}
7/26/2011 11:22:24 PM

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i think "Speaker No. 1" or "Speaker No. 2" implies that you can distinguish between the two attorneys over the phone line.  I'd go with DEFENSE ATTORNEY:

or "Unidentified Male Attorney:"  or something similar that also shows you could not distinguish between the two male voices on the phone.  CYA.

I agree. DEFENSE ATTORNEY; or Unidentified Female Attorney are good choices as well. I use Speaker No. 1 or Speaker No. 2 for people who are not attorneys.    -    pinksteno 7/27/2011 8:04:51 PM | Flag


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