Thomas & Thomas Court Reporters - Court Reporters, Remote Depositions, Trial Presentation Services

Last month, Thomas & Thomas Court Reporters had the privilege of participating in the 2023 Nebraska Defense Counsel Association’s (“NDCA”) Annual Meeting and Seminar.  This year, it was held at the Farnam, 1299 Farnam Street, Omaha, Nebraska 68102.  In exchange for a sponsorship, Thomas & Thomas Court Reporters provided professional A/V and videography services, including a video recording, PowerPoint display, and live streaming.  The event consisted of seven presentations spanning the entire day.

The evening prior, Thomas & Thomas Court Reporters also attended the pre-event dinner at Dynamite Woodife Grill where we were able to socialize with current and past members of the NDCA.

Thomas & Thomas Court Reporters looks forward to our continued relationship with the NDCA and next year’s Annual Meeting.

Thomas & Thomas Court Reporters has led the way in court reporting and litigation support technology for over 40 years, and we welcome the opportunity to assist you with any need you may have.  If you would like to learn more about our professional A/V and videographer services, please do not hesitate to contact us.  We would love to show you the multitude of services we have to offer.  We look forward to making your life easier.

Last week, Thomas & Thomas Court Reporters spoke with Dave Sommers at the Omaha Bar Association to discuss how law firms can continue to conduct depositions during the current coronavirus outbreak.  Below is the recording of said interview as well as an explanation of the benefits of remote depositions and our recommendations on how to successfully conduct one.

While the ability to conduct remote depositions have been around for a while, the advent of the coronavirus has put them in the forefront of the legal community.  Having performed over 2,500 videoconferences, Thomas & Thomas has seen the benefits of remote depositions firsthand.  For starters, it is easy to use.  We generate a unique link and send it to all the participants.  One simple click and you are in.  Another benefit is you can connect from anywhere.  Given the current climate, we have seen attorneys, deponents, and court reporters appear from businesses and homes, allowing flexibility to those who cannot or prefer not to be out in public.  Our remote deposition platform, Zoom, also allows the participants to share exhibits in real time with all the other participants.  This function ensures everyone is on the same page and can easily follow along.  Zoom also works with almost all devices – PCs, Macs, and other videoconferencing units. 

Benefits of Remote Depositions:

• Connect from Anywhere- Connect from your home or office
• Easy to Use- Simply click a link to connect
• Incorporate Exhibits- share your desktop to ensure all participants can see and follow the exhibits in real-time
• Universal Connectivity - Connect to PCs, Macs, and V/C Units

Even though remote depositions can be a great alternative to conducting an in-person deposition, the participants should be aware of the pitfalls and how to avoid them prior to conducting their first deposition.  As with any technology, you should do your best to use current, up-to-date products that have the latest updates and security patches installed.  As technology ages, they become less compatible with current software and devices and may not work properly.  External devices, both webcams and speakerphones, are essential to a smooth videoconference.  We recommend Logitech’s HD Pro Webcam and Jabra’s noise-cancelling USB speakerphone.  You also want to ensure you have a stable internet connection.  Make sure you conduct the deposition from somewhere with a constant, high-speed internet connection.  Conducting a videoconference on a public network may be subject to varying internet speeds.  If you can, hardwire the internet connection.  If your device doesn’t have an ethernet port, try acquiring a USB ethernet adapter.  Finally, you always want to test your system with the parties involved.  Ideally, it will be the same setup and in the same location as the deposition.  Thomas & Thomas always tests with each participant prior to each deposition to ensure the user knows how to connect and that there is a stable connection.  Troubleshooting in advance ensures your deposition will get started on time and will be successful.

Recommendations for Conducting a Successful Remote Deposition:

• Use a stable, current device – desktop, laptop, or tablet
• Invest in an external webcam
• Use an external, noise-cancelling speakerphone or call in telephonically
• Use a hardwired internet connection whenever possible
• Test, test, test!

Thomas & Thomas Court Reporters has led the way in court reporting and litigation support technology for over 40 years, and now we welcome the opportunity to assist you with any need you may have. If you would like to learn more about remote depositions, please do not hesitate to contact us. We would love to show you the multitude of services we have to offer. We look forward to making your life easier.

While the ability to conduct remote depositions has been around for a while, the arrival of the coronavirus has put them in the forefront of the legal community.  Platforms like Zoom, WebEx, and GoToMeeting are being used like never before; and, as a result, are exposing security issues that should be considered when conducting a deposition. 

Below are some protocols to consider prior to conducting your next remote deposition.  Please keep in mind that there are also several other aspects of Zoom depositions (i.e. devices, hardware, connections, etc.) that you will also want to address to ensure your Zoom deposition is a success.

Security Tips for Zoom Depositions

• Use Most Current Version of Zoom - Every so often, you will want to click on your User ID in the upper-right corner of the Zoom dialog box and select “Check for Updates.”
• Require Passwords – Ensure you have gone into your settings and turned on the password requirement option for all sessions you create. The password for the session will then be included in the invite.
• Enable “Waiting Rooms” – The Waiting Room feature requires the host to allow each participant into the meeting. This will further prevent unwanted guest from joining your meeting in the unlikely event they circumvent your password.
• Do Not Use “Personal Meeting IDs” – Personal Meeting IDs are a way to use the same meeting number over and over again. As a result, they will be easier to hack than a randomly generated meeting number.

Thomas & Thomas Court Reporters has led the way in court reporting and litigation support technology for over 40 years, and now we welcome the opportunity to assist you with any need you may have. If you would like to learn more about remote depositions, please do not hesitate to contact us. We would love to show you the multitude of services we have to offer. We look forward to making your life easier.

Welcome to court reporting, legal videography, and trial presentation services tips, tricks and tidbits from Thomas & Thomas Court Reporters.  Each month, we will be providing some insight or thought on a particular litigation support service.  Hopefully, you find these posts and videos informative and come back each month for additional content!

This week we will be discussing focus groups.  Below are several tips, tricks, and tidbits we have learned over the years by conducting our own focus groups.  In the event you have questions or want to learn more, please reach out to our office.  We would be happy to talk with you. 

Focus groups can be conducted in many different ways.  From deciding whether a case is worth taking, all the way to a mock trial, focus groups can be beneficial to your case regardless of where you are at in it.  Below are just a few examples of why you might want to conduct a focus group:

• Case development:
  • Know whether a case is worth taking
  • Develop facts
  • Determine which expert you are going to need to hire
  • Prepare information for a deposition or mediation
• Mock trial
  • Prospective jury’s perception of your client or witness
  • Practice voir dire, openings and closings
  • Gain insight into the deliberation process

In my experience, though, you should try and stay away from using focus groups to determine a dollar amount for your case. 

One of the most important things to remember when conducting a focus group is to remain neutral, both in presentation and in setup.  Here at Thomas & Thomas, we offer a neutral, third-party location so the participants do not know who is conducting the focus group.  If you conduct it at law firm, they may come into the focus group with a preconceived notion of who you are and what you are trying to accomplish.  We also issue the checks to the participants so that everything comes from our office and not a law firm.  If our clients desire, we will also present the facts of your case.  This ensures that your biasness does not interject itself into the presentation of the materials. 

Other important things to consider are making sure you have a true representation of your eventual jury and having the participants signs confidentiality agreements.  You will want to provide snacks and/or meals to the participant to ensure they stay happy and engaged.  Regular breaks also help keep them focused.  We like to provide forms and notepads that you can collect at the end of the focus group, as each participant may respond differently to the setting.  These options allow you to capture the thoughts of a quite participant that you may not hear from much when conducting the focus group.  Being able to record the session for future playback is immensely important.  Often times people tell me that they learn something new each time they rewatch the video.  You may also want to consider streaming the session to another room so non-participating individuals can observe the session without affecting it.  Streaming is also a great way to allow the participants to “deliberate” during a mock trial and still be able to observe their thoughts and feelings in real time.  

Focus groups can be wildly entertaining and informative if presented in the right manner, and we hope you are now better positioned to do just that. 

Last month, Thomas & Thomas Court Reporters were asked to provide trial presentation services for two-week trial at the Plymouth County Courthouse in LeMars, Iowa.  Specifically, defense counsel needed assistance working with MRI images and a radiologist to counter plaintiff’s contention of what the images showed.  For those who have worked with medical imaging software, you know this process can be difficult and unpredictable.  That is where Thomas & Thomas Court Reporters came in.  We worked with the doctor to select the best images and how we might present them in the best way.  Ultimately, we decided between a joint effort of trial technician, doctor, and ELMO document camera operated by the attorney.  With all of the A/V equipment being run through our trial technician, switching between sources was seamless and the elicited testimony proved dispositive in the jury returning a defense verdict. 

Whether it is court reporting, videotaped depositions, or trial presentation services, consider using Thomas & Thomas Court Reporters the next time you need litigation support services.  With over 40 years of experience, we know how to get the job done right. 

On June 3, 2016, Thomas & Thomas Court Reporters was one of six Exhibitors at this year's Nebraska Defense Counsel Association's Annual Meeting in Lincoln, Nebraska.  As an exhibitor, Thomas & Thomas Court Reporters was able to show off its newest court reporting and litigation support technology, like trial presentation services and live video and text streaming.  With over ____ attorneys present, it was a great way to discuss the newest trends in court reporting and litigation support services.  Thomas & Thomas Court Reporters is proud to sponsor the Nebraska Defense Counsel Association and is already looking forward to next year’s Annual Meeting.

Often times attorneys need to depose witnesses in various locations across the country.  Sometimes that can require additional attorneys and/or support staff members to have to travel to those various locations, which can cause the client to incur additional costs compared to a traditional, local deposition.  With the advent of realtime text and video streaming, attorneys and support staff individuals can now attend any deposition remotely.  By using various platforms, such as LiveDeposition, individuals are able to view the transcript in realtime, see and hear the deponent as he or she testifies, and communicate with their team via a private chat.  Realtime text and video streaming also gives clients the ability to attend depositions remotely in the event they want to watch the deposition, but are unwilling or unable to travel.  In addition to realtime text and video streaming, the basic function of realtime allows attorneys read the questions and answers as they happen, search the transcript for a specific word or phrase, and highlight important text for future reference.  

The above picture is a deposition Thomas & Thomas Court Reporters recently provided realtime text and video streaming for.  This stream was provided to various law firms, clients, and experts across the country.  As a result, numerous individuals did not have to travel to attend the deposition, reducing time, money, and effort spent by all parties.  Be sure to think of Thomas & Thomas Court Reporters the next time you need realtime text and video streaming.

In honor of National Court Reporting & Captioning week, Thomas & Thomas Court Reporters is acknowledging one of its favorite court reporting gadgets/tools - Adobe Acrobat.  From converting emails to PDFs, to bate stamping documents, to editing forms and pages, Adobe Acrobat makes office life so much easier.  We use it for emails, transcripts, forms, exhibits, and trial presentation services on a daily basis.

TheTakeNote campaign, launched by the National Court Reporters Association (NCRA), the country’s leading organization representing stenographic court reporters, broadcast and CART captioners, and legal videographers, will serve as a main theme during the 2015 National Court Reporting & Captioning Week, which will run Feb. 15-21. This year’s event marks the third year NCRA has sponsored the celebration designed to help increase the public’s awareness about the growing number of employment opportunities the profession offers.

NCRA’s Take Note campaign launched in September 2014 and is based on the findings of an industry-wide outlook report conducted by the independent research firm Ducker Worldwide. The study determined that over the next five years, some 5,500 jobs in the court reporting and captioning profession are expected to become available.

Court reporters, captioners, CART providers, and court reporting schools around the country will participate in the week-long event by hosting an array of activities such as visits to high schools to showcase the profession, open houses, Veterans History Project interviews, media outreach, and more.

NCRA has made a wide range of resources available to its members, court reporting schools, and others at both crTakeNote.com and NCRA.org. Resources include tips on presenting the benefits of the profession to potential new students, press release templates, social media-appropriate logos and banners, and ideas for hosting special activities. NCRA will also support an official legislative recognition of National Court Reporting & Captioning Week and rely on its social media outlets including Facebook, Twitter, and blogs to reach thousands of people throughout the week.

“National Court Reporting & Captioning Week is an opportunity for our profession to celebrate the valuable contribution this vocation provides to ensure vital records are captured and maintained,” said NCRA President Sarah Nageotte, RDR, CRR, CBC, an official court reporter from Jefferson, Ohio.

“The areas where we work are vast and range from serving as official court reporters to freelance reporters who work strictly taking depositions or recording the proceedings of a variety of meetings and such, while broadcast and CART captioners do wonderful work to help better the lives for millions of Americans who are deaf and hard of hearing by providing captioning in real time for live sporting and theater events, church services, movie houses, and many other venues.”

Nageotte will help kick off the week with a presentation to members of the Hawaii Court Reporters and Captioners Association during a luncheon being held Feb. 14 that will cover the findings of the industry outlook conducted by Ducker Worldwide. Nageotte will also discuss the TakeNote campaign and share tips on how best to highlight the professional outlook to high school students. Representatives from Hawaii’s statewide student news network will also be in attendance and will generate a news segment to share with middle and high schools.

“I’m very excited about this opportunity to help increase awareness about the court reporting and captioning profession and will ask everyone attending to commit to contacting at least one person within their network and educate them about the opportunities this career path offers,” said Nageotte. “In fact, I’m urging everyone in the court reporting and captioning profession to do the same throughout National Court Reporting & Captioning Week.”

For more information, visit NCRA.org. Career information about the court reporting profession—one of the leading career options that do not require a traditional four-year degree—can be found at crTakeNote.com.

Excerpt:

"'There is going to be a demand, and a need, for at least 5,500 new positions over the next three to five coming years,' said Sarah Nageotte, president of the National Court Reporters Association. Fifteen percent of the industry is poised to retire. Nageotte said a lot of people are not even aware the career still exists. 

Court reporting not only exists, it's expanding.

Most new reporting jobs are outside the courtroom, doing depositions or closed captioning. There is a new federal initiative to provide captioning services to hearing-impaired students. The pay for those jobs can range from $35 an hour up into six figures. One current opening for a court reporter in San Francisco starts above $100,000, plus benefits."

Read Full Article »

Article by Jane Wells of CNBC

Hyperlinked Exhibits

            Navigating between the transcript and corresponding exhibits can be a waste of time.  With hyperlinked exhibits, attorneys are able to go directly to the desired exhibit without the headache of locating it at the end of the transcript or in a separate volume all together.  In a hyperlinked transcript, if an exhibit is referred to (ex. "Exhibit 1"), every time that exhibit is referenced in the transcript, an attorney can click on the word ("Exhibit 1") and view that exhibit.  Not only does this additional function save time while reviewing a transcript, but it also provides the attorney with an easy and effective way of showing the transcript and exhibits at trial.  Hyperlinked services vary from court reporter to court reporter, so be sure to ask your court reporter or court reporting firm what options and outputs they have to offer.

Online Repositories, Invoicing, and Scheduling

            Today, just about everything is paperless and can be accessed online, so why aren't your court reporting services?  Well, they actually can be.  Things like online repositories and online calendaring allow attorneys and their support staffs to have complete control of their court reporting services with only the click of a mouse.  With online repositories, attorneys are notified via email when their transcripts or videotaped depositions are ready for viewing, giving them instant and remote access to these important case materials.  Online repositories also give other attorneys in your office or experts working on the case the ability to access case materials at any time.  Online calendaring provides attorneys and support staff with the opportunity to conveniently change deposition dates and times, increasing productivity and reducing wasted time.  Electronic invoicing decreases paper usage and eliminate misplaced invoices.  Some court reporters and court reporting firms provide online access to those invoices, a convenient resource when trying to determine expenses when settling a case.  Contact your court reporter or court reporting firm to find out how your law practice can go green and save time and money while doing it.

Conclusion

            A lot has changed since Marcus Tullius Tiro started taking dictations for Cicero in 63 B.C.  Court reporters now instantly stream the text of your deposition to attorneys or experts anywhere in the world.  They arrange for attorneys to depose witnesses and experts on the other side of the country.  Just as lawyers have taken advantage of technological advances, so has the court reporting profession.  The days of providing a plain, basic transcript are over.  Although there is no telling how technology will advance over the next 2,000 years, attorneys can rest assured that the court reporting profession will continue to be there assisting, innovating, and making your life easier long into the future.

Electronic Transcripts

Have you ever asked your court reporter for an "E-Transcript," expecting an electronic version of the transcript, but were confused and frustrated when you received it and were unable to open it?  If so, then you are not alone. That is because an E-Transcript is just the newest (and very confusing) example of a genericized trademark.

Just as Rollerblade, Xerox, and Kleenex became the genericized names for their industries, E-Transcripts have become the genericized name for electronic transcripts in the legal industry.  In the early 2000s, Thompson Reuters, the creators of WestLaw, LiveNote, and Case Notebook, created a proprietary software, Westlaw Case Notebook Portable E-Transcript or E-Transcript, that allowed attorneys to view and manage their transcripts on their computers.  It also allowed them to integrate their transcripts with other Thompson Reuters programs, such as Case Notebook.  

As you can infer, to view your E-Transcript, you need to download E-Transcript's free viewing software.  This is where the trouble begins.  Sometimes attorneys may not have access rights to install programs on their computers.  Sometimes they may not have internet access to download programs.  As a result, although it may be a fabulous tool, requesting an E-Transcript may not always be the best choice.

So what should you do if you do not want/need an E-Transcript?  Although it may depend on your court reporter, most court reporters should be able to provide you with a PDF version of your transcript that is word-searchable and not in an E-Transcript format.  They may also be able to provide you with a Microsoft Word version as well.

Benefits of PDF transcripts include:

• Word-searchable
• Hyper-linked indexes that take you directly to any word or exhibit
• No downloads required
• Works on almost any computer
• Easily shared with other attorneys in your office and/or experts

Understanding what an E-Transcript is and when an attorney might require one will reduce confusion for all parties.  Often times a PDF version of the transcript will suffice or even work better than an E-Transcript.  When ordering your next transcript, discuss with your court reporter what electronic options they can provide.

On November 7, 2014, John Thomas, CLVS, of Thomas & Thomas Court Reporters and Certified Legal Video, LLC partook in the first annual Veterans History Project at Des Moines Area Community College's ("DMACC") Newton Campus in Des Moines, Iowa.  He was one of 17 videographers and 16 court reporters who helped record the stories of 16 veterans, which will be archived at the Library of Congress, the Iowa Gold Star Museum, and in the DMACC Library collection.  Mr. Thomas had the great pleasure of recording the interview of veteran Wayne Shireman.  Mr. Shireman talked about his time in Korea and his life after serving his country.  Thanks to Mr. Thomas and the other individuals involved, we will forever know and remember the contributions these veterans made to the freedoms we enjoy today.

Videotaped Depositions

Although videotaped depositions have been around for awhile, it is important to remember the tactical advantage they can provide an attorney in a case.   Advances in technology have only increased picture and sound quality, providing an even more powerful tool for trials and arbitrations.  Even the science shows videotaped depositions and other visual aids are more influential than just spoken words:

• People forget about 2/3 of what they hear (The Wechsler Memory Scale - 1946).
• "Trial attorneys unknowingly present arguments and issues that exceed jurors' capacity to understand . . . being confused or feeling intellectually inferior is psychologically uncomfortable, and jurors may respond with resentment and antagonism toward the presenting attorney."  Presenting information visually simplifies and reinforces your point (Enhancing Juror Comprehension and Memory Retention - 1989).
• Those exposed to graphics are more persuaded to act than those who are not (The Persuasive Effect of Graphics in Computer-Mediated Communication - 1991).
• Practicing attorneys and non-lawyers prefer to learn and communicate differently.  A majority of non-lawyers prefer visual communications.  A majority of attorneys prefer non-visual communications.  Thus, litigators should bridge the communication divide by using visual courtroom presentations (A2L's Communication Style Study - 2003).
• Visual aids in courtroom presentations enhance juror attention and improve recall of key events (Visual Evidence - 2010).
• An immersive use of graphics during courtroom presentations (as opposed to far and few between) yield the best result (Broda-Bahm Study - 2011).

Benefits of videotaped depositions include:

• Expert Witnesses -  The cost of deposing an expert and then having that expert testify at trial can be cost prohibitive.  By videotaping your expert's deposition, you can simply play it back at trial for the jury and/or judge without incurring the cost of having the expert testify again.
• Preservation - Witnesses are sometimes elderly, ill, or illusive, and may not be available for trial.  By videotaping their deposition, you ensure a visual representation of that witness's testimony for trial.
• Visual Presentation -  Videotaping a witness's deposition also provides a visual representation of what the witness's demeanor and non-verbal cues were at a deposition.  When witnesses are aggressive or abrasive during a deposition, videotaping can get the witness to cooperate and answer your questions more freely.  If they do not, you are able to show that demeanor in court.
• Day-In-The-Life Videos -  Visually capturing the physical nature of how your client was affected by the event in question can prove instrumental in obtaining a favorable verdict or settlement.  By laying out the background and facts, you are able to paint a picture in the light most favorable for your client.

Videotaped depositions provide an impactful and compelling story when presented at trial.  Not only do they keep the judge and jury focused on the case at hand, but they also increase the recall of the key events  that attorney wants them to remember.  Videotaped depositions also save attorneys and their clients money by not having to rehire an expert to come and testify at trial.

            The concept of court reporting is thousands of years old, and can be traced back to 63 B.C., when Marcus Tullius Tiro, a slave, was given the task of taking dictation for Cicero.  In an effort to keep up with Cicero, Marcus Tullius Tiro developed a system of symbols and abbreviations (i.e. shorthand).  He also omitted short or common words that he could add later by memory or context.  Over time, Marcus Tullius Tiro expanded his shorthand system to include over 4,000 signs, including the familiar ampersand ("&"), which is still widely used today.

In 1877, Miles Bartholomew invented the first successful shorthand writer, which consisted of ten keys that could be depressed, one at a time or in combination, to create a series of dots and dashes, much like Morse code.  In 1964, IBM and the court reporting industry partnered to developed the first computer aided transcription ("CAT") system.  This system produced electrical impulses at the stroke of each lever with an incremental magnetic tape to record and produce a digital recording simultaneously with the written notes on the standard paper tape.  Since then, the court reporting industry has seen additional changes, such as the introduction of realtime (1992) and paperless shorthand writers (2001).

Throughout the years, technology has revolutionized the way court reporters keep the official record.  Technology has also revolutionized the services court reporters provide to attorneys and judges.  From realtime to videoconferencing, court reporters can now offer a wide range of cutting-edge services that enhance the legal experience.  Below are several services that can save attorneys time, money, and effort, or even help them win their next big case.

Realtime

            "Realtime" is the term for transcription by court reporters using real-time technologies to deliver text to a device (i.e. screen, laptop, iPad) within seconds of the words being spoken.  Think of realtime as closed captioning for attorneys.  At a deposition, realtime allows attorneys to view the deponent's responses in written words so that they can focus their time on pinpointing their questions, rather than trying to remember what the deponent said.  Realtime also allows attorneys to take notes directly in the text and highlight portions for future reference. 

            Benefits of realtime include:

• Read, hear, and see questions and answers as they happen
• Quickly create and modify annotations right on the transcript
• Highlight important text for future reference
• Scrolling text that you can start and stop at will for pinpoint questioning
• Easily search the transcript for specific words or phrases

An additional benefit of realtime is the ability to stream the deposition testimony to another location.  Text streaming allows attorneys to monitor or participate in a “live” deposition using a computer or mobile device from a remote site.  Any attorney can participate in the deposition process no matter where he or she is physically located, again saving time, money, and energy.  In large cases, it may be difficult to  coordinate all of the participating attorneys’ schedules.  However, if the deposition is in realtime, attorneys can participate remotely, negating the need to coordinate travel schedules, as well as avoiding the costs and delays thereof. 

Having the ability to send a realtime feed of every word that is said at a deposition or trial is the ultimate tool.  However, it should be noted that not all court reporters can provide realtime.  Being able to provide realtime requires experience testing, and ultimately, a designation of Certified Realtime Reporter ("CRR").  Make sure to ask your court reporter or court reporting firm for a Certified Realtime Reporter when scheduling your realtime depositions.

This year, Thomas & Thomas Court Reporters was fortunate enough to realtime the Nebraska State Bar Association's ("NSBA") Practical Ethics CLE at the Annual Meeting on October 9th.  There were 300 attorneys from various areas of law practice in attendance, and the second hour consisted of a Q&A session with the 2014 Nebraska Attorney General candidates, Doug Peterson and Janet Stewart.  The Practical Ethics CLE was one of many CLEs held during the 3-day event at the Embassy Suites in La Vista, Nebraska.  

After the CLE, several attorneys came up to our booth and asked where they could find the dictation software we used.  Needless to say, they were impressed to learn that it was not software, but one of our Certified Realtime Reporters ("CRR") creating the text.

"Realtime" is the general term for transcription by court reporters using real-time technologies to deliver computer text screens within a few seconds of the words being spoken.  Think of realtime as closed captioning for attorneys.

Have you ever flown in for a high-stakes deposition only to discover a tiny conference room, unprepared reporter, inadequate IT support and no one to solve your problem?

When you travel for a multijurisdictional case, count on Thomas & Thomas to provide exemplary customer service from local partners of the NNRC.  These independently owned and operated firms are vetted to assure that they will deliver, across the United and around the world.

NNRC is the most prestigious and largest litigation support network in the country, covering 1500+ jobs per day, handling more than 10 million depositions since 1983.  The select partners of NNRC have been personally recommended and assessed as the most technologically advanced and dependable court reporting companies in the USA and worldwide.

Get the value and quality you expect from professional court reporting agencies with local knowledge, anywhere in the world:

Videotaped Depositions

Imagine yourself in the courtroom, you are cross-examining the plaintiff (or defendant), and he or she says something contradictory to her previously recorded deposition testimony. Normally, you would attempt to impeach that individual by having him or her read back his or her inconsistent testimony from the deposition transcript and the jury would get the general picture. But what if, instead, you were able to play back a video of the plaintiff making those same statements as if he or she had just said them? Not only would the jury SEE the text from the transcript contradicting the words she just said, they would also SEE the plaintiff making those conflicting statements right in front of them.

This is only one of many examples where video depositions can make or break a case, and although video depositions do not eliminate the need for a transcribed record, it does enhance it. Below are several other benefits to having your next deposition videotaped:

• EXPERT WITNESSES: The cost of deposing an expert and then having that expert testify at trial can be cost prohibitive. By videotaping your expert witness's deposition, you can simply play it back at trial for the jury and/or judge without incurring additional costs.
• PRESERVATION: Witnesses are sometimes elderly, ill, or illusive and may not be available for trial. By videotaping their depositions, you ensure a visual representation of that witness's testimony for trial.
• VISUAL REPRESENTATION: Videotaping a witness's depositionalso provides a visual representation of what the witness's demeanor and non-verbal cues were at a deposition. When witnesses are aggressive or abrasive during a deposition, videotaping can get the witness to cooperate and answer your questions more freely. If they do not, you are able to show that demeanor in court.
• DAY-IN-THE-LIFE: Visually capturing how your client was affected by the event in question can prove instrumental in obtaining a favorable verdict or settlement. By laying out the background and facts, you are able to paint the picture in the light most favorable for your client.

Visual Aids

Whether you are impeaching a witness with a synchronized deposition or appealing to the emotional nature of jurors by showing a day-in-the-life video, the science shows that visual aids are more influential than just spoken words.

• People forget about 2/3 of what they hear (The Wechsler Memory Scale - 1946).
• "Trial attorneys unknowingly present arguments and issues that exceed jurors' capacity to understand . . . being confused or feeling intellectually inferior is psychologically uncomfortable, and jurors may respond with resentment and antagonism toward the presenting attorney." Presenting information visually simplifies and reinforces your point (Enhancing Juror Comprehension and Memory Retention - 1989).
• Those exposed to graphics are more persuaded to act than those who are not (The Persuasive Effect of Graphics in Computer-Mediated Communication - 1991).
• Practicing attorneys and non-lawyers prefer to learn and communicate differently. A majority of non-lawyers prefer visual communications. A majority of attorneys prefer non-visual communications. Thus, litigators should bridge the communication divide by using visual courtroom presentations (A2L's Communication Style Study - 2003).
• Visual aids in courtroom presentations enhance juror attention and improve recall of key events (Visual Evidence - 2010).
• An immersive use of graphics during courtroom presentations (as opposed to far and few between) yield the best result (Broda-Bahm Study - 2011).

Synchronized Videotaped Depositions

Whether your videotaped deposition is 10 minutes or 10 hours long, pinpointing a specific word or phrase can be difficult. Fast-forwarding and rewinding can be time consuming and frustrating. Synchronizing a transcript to the videotaped deposition eliminates all of that. Plus, it provides you with several other beneficial tools for viewing and playing your videotaped deposition.

Sync your next videotaped deposition and you will be able to:

• Instantly search a video for a particular word or phrase
• Easily create clips to impeach witnesses or to show to the jury
• Easily create still images from the video
• Show text and video at the same time to help provide clarity to a witness's testimony

Thomas & Thomas Court Reporters has lead the way in court reporting technology and we welcome the opportunity to assist you with any court reporting issues you may have.  Please call our office to schedule a personal meeting where we can show you the benefits of a wide array of court reporting technologies.  We look forward to making your life easier.

Excerpt:

LAWYERS of the Criminal Bar Association intend to take legal action against Attorney General Allyson Maynard-Gibson for the removal of stenographers from the Magistrate's Court.

This action comes nearly a month after calling a press conference to protest the removal of court reporters, leaving it to magistrates to take handwritten notes until digital recording comes on stream later this year.

Lawyers gathered yesterday at the steps of the Nassau and South Streets court complex, and indicated that they are taking the issue to the Supreme Court.

"Since then (February 14), there has been some discussion with the stakeholders and decision makers," lawyer Murrio Ducille told the media.

"The AG suggested that we may choose to bring our court reporter, but the problem is our court reporter's record would assist us, but it's not the official record of the proceedings in the trial, the magistrate's notes are," he added.

"Matters are being adjourned, but some magistrates are proceeding with trials despite the reasoned objections by defence counsel on instructions from their clients. This has created some disquiet among some magistrates who see our assertion of our client's right to a fair trial as a hindrance in what they are required to do... to make an accurate recording of the evidence and legal arguments in the proceeding... no more, no less."

"It is a no-brainer that one cannot record accurately or at all anything relevant and important if one does not write what is said as part of the trial process. As one client puts it, 'the magistrates do not go to jail, I do. I need to have my case properly recorded if I am convicted and have to appeal'."

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Article by Lamech Johnson of the Tribune Staff Reporter

It's Court Reporting & Captioning week, and today Thomas & Thomas Court Reporters and Certified Legal Video, LLC would like to share why John and Gretchen Thomas became a court reporters.  Although their stories are very different, it was court reporting that ultimately brought them together.

Why John Thomas became a court reporter:

"I was 100 percent influenced to becoming a court reporter by my court reporter brother, Roger. I admired roger and wanted a life in the courtroom like him. This desire gave me the dedication to make it through the rigors of reporting school and to obtain a job anywhere. Thats why I moved to Omaha not knowing anything about Nebraska. My brother changed my life."

Why Gretchen Thomas became a court reporter:

"I wish that I had a 'romantic' story to tell as to why I became a court reporter: You know, like someone who inspired me, a life-long dream, child prodigy ...
But no. I became a court reporter because I lived in a small town in Wisconsin, attended a very small high school, and had absolutely no idea what I was going to do after graduation. So at the suggestion of my English teacher and guidance counselor, I made a different kind of a list, the list of 'Jobs I do not want to have when I grow up.' I remember that it was an extensive list, but I only remember now that doctor, lawyer, teacher, nurse, fireman, clown, and unwed mother were part of the list. I don't know why.

Then one day during my senior year my dad told me about a friend of his who was a court reporter, Dale Braden. I checked out court reporting. It sounded very interesting. And it wasn't on my list! So I packed my small-town bags, followed in the footsteps of Mary Tyler Moore (after all, it was 1974), and moved to Minneapolis to attend Northern Technical School of Business, where I met my future husband and business partner. We both became court reporters, got married, raised three sons, lived happily ever after. I have LOVED my unexpected career. It has been stimulating and exciting and has afforded wonderful opportunities for our family, and I can see now that I had the romantic ending instead."