Did I do the right thing when the attorneys were talking over each other?

I had a deposition today where it was just me and the deponent in the room and the two attorneys were on the phone.  While the deponent was in the middle of answering a question, one of the attorneys objected to the question.  At that time, the deponent still proceeded to answer the question while the attorneys were in a very heated argument about the objection.  I had three people speaking on top of each other, and I spoke up and said that I can only take down one person at a time and asked if I can have the deponent repeat his answer.  I also didn't get every word that the attorneys were saying, so I said I can read back the last thing I have.  The taking attorney got upset that I only took down half of what the deponent said.  Even though the deponent completed his answer, it was while the two attorneys were yelling at each other.  I did have my audio, but I don't like to rely on it.  I don't even think it would help me because they were all speaking on top of each other.

Am I just a really bad reporter because I couldn't get everything down and I'm not doing my job properly? Did I do the right thing by not taking down the rest of the deponent's answer and telling them I could only take down one person at a time?  This attorney made me feel like I'm not good at my job.  In school, they DRILLED into our heads that we don't need to do anything to make these attorneys upset.  They also told us in that type of situation, we MUST get down what the deponent said! So should I have just not spoken up and just taken down the rest of the deponenent's answer?  I do go out of my way to try and make the attorneys happy, but I felt that I had to speak up in this situation.

What would you all have done if you were the reporter?

We're only human, and we can only take down one person speaking at a time, and the attorneys know that.  I would have done what you did and continued to take the testimony of the Witness.  When the Witness was finished, I would have asked each attorney to repeat his objection and statement one at a time so that the record is accurate.  You're right not to rely on your audio, because if three people are talking at the time, it's the person with the loudest voice that you're going to have on the audio, which isn't usually the Witness.  If you didn't get the end of the answer from the Witness because the attorneys were talking, it's right to ask the Witness to repeat the end.  It doesn't sound at all like you're a bad reporter.  You're trying to be a very good reporter who just ran into a couple of bad attorneys.  There are some attorneys that are going to get upset no matter what.  It's also more difficult when all parties aren't in the room with you.  Hang in there. 

You did the right thing.  I had a doctor depo with three attorneys, doctor yelling, three attorneys yelling, I just threw up my hands and said I'm sorry, I cannot get everyone talking at the same time.  I did use my audio to get bits and pieces of what I could hear of what each one was saying, and I also put myself on the record of what I had said, along with a bunch of dashes to show that they were cutting each other off.  I just happened to have nice attorneys that understood they were wrong, and I can only take down one at a time.

In your situation, I would have taken down what the Witness was saying, because they usually do not repeat exactly what they originally testified to.  Always keep in mind that the Witness is under oath and not the attorneys.  I understand that it must have been very difficult for you to even get a complete answer while the attorneys were arguing.

You're right about the audio.  I use an external digital recorder only because I'm paperless, and it's just a backup.  If my equipment fails, at least I have the job on the digital audio. Usually, if we didn't hear or understand what was being said, the audio will not be any clearer, though.

I think it's disturbing that you were drilled in school not to upset the attorneys.  The Reporter is an officer of the court and has  a responsiblity to the record first,  not to the attorneys.  Of course, they are clients , and we have to walk a fine line between preserving the record, standing up for ourselves in doing so,  and keeping the clients happy.

A Reporter recently posted that she keeps smiling no matter what, and then punches a punching bag later on.   I agree with that philosophy. 

You are by no means a bad Reporter.  I'm a veteran, and I've had nightmare phone depos, too.  For a while, attorneys were using videoconferencing, which I thought was just great.  Apprently, it's expensive and so the attorneys are relying on the phone, which is problematic at best. 

Just remember that you are not alone because we've all been there many times.

The funny thing is when I was in school they taught us the exact opposite.  They always told us never to let everyone talk at the same time and always ask for them to repeat or speak up when necessary whether the attorneys got upset or not.

You did the right thing because it's the job of the court reporter to speak up when she/he can't get what's being said.  It would not be possible for you to get three people talking at the same time.  An audio recorder is incapable of picking that up, so why would you be able to?

If the attorney was mad, he's just going to have to get glad again.

I can't tell you how many times I've had to throw my arms up while they are all screaming at each other and told them to stop!  You are not a bad reporter at all.  I've been doing this for years, and it is impossible to take down three people speaking at once.  They think the one who screams the loudest will get on the record.  I just throw my hands up and tell them to talk one at a time.  If they get mad at me, too bad, my job is to take down the deposition cleanly.  If they don't like it, they all get dashed.  Don't worry about it, you are not alone.  I don't use audio, but like the others said, you wouldn't be able to hear the answer with all that yelling anyway.  Good luck to you, and don't worry about upsetting the attorneys, they will get over it.  If not, dash them to death, they'll get the point!