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

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.

Synchronized Videotaped Depositions

Imagine yourself in the courtroom, you are cross-examining the plaintiff (or defendant), and he or she says something contradictory to his or her previously recorded deposition testimony.  Normally, you would attempt to impeach that individual by having her read back 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 she had just said them?  Not only would the jury SEE the plaintiff making those conflicting statements, but they would also SEE the text from the transcript contradicting the words she just said.  With the advent of synchronized videotaped depositions ("synced videos"), this is now a possibility. 

A synced videos is a transcript that has been synchronized to the videotaped deposition so that the videotaped deposition and the transcript can be played back simultaneously together.  As many attorneys know,  pinpointing a specific word or phrase in a video for play back can be difficult. Fast-forwarding and rewinding can be time consuming and frustrating.  Stopping a video at the wrong moment can be devastating.  Synchronizing a transcript to the videotaped deposition eliminates all of that.  Plus, it provides the attorney with several other beneficial tools for viewing and playing your videotaped deposition.

Benefits of synced videos include:

• Instantly search your video for a particular word or phrase
• Highlight key portions of the transcript/video for easy review and recall
• Annotate key portions the transcript/video for easy review and recall
• Easily create clips to impeach a witness or to show to the jury
• Create and share still images from the video
• Show text and video at the same time to help provide clarity to a witness's testimony

Synced videos are the ultimate addition to an attorney's arsenal.  They provide attorneys with the ability to instantly search and locate important portions of the videotaped deposition, which is pivotal when presenting at trial.   Synced videos allow attorneys to show and play the testimony for the judge and jury, increasing retention and recall.  Synced videos can also be uploaded to Sanction, TrialDirector, and LiveNote, providing attorneys with even more ways to use them.  Contact your court reporter or court reporting firm to find out more about compatibility and formatting options.

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.