In addition to value-added services like rough drafts, realtime translation, and expedited delivery, which are further described below, any factor that makes transcription take longer, requires specialized skill, or otherwise be more expensive to produce typically generates a surcharge. This can include testimony that contains technical terminology, is of higher density, video-recorded and/or taken by videoconference, interpreted, and/or where a good percentage of the testimony is overly fast with garbled and/or overlapping speech. Below are common categories of testimony that are subject to a surcharge followed by their respective characteristics.
Expert Testimony
Historically, this surcharge has been associated with the testimony of a medical doctor using medical and technical terms, abbreviations, and other associated lingo often at a high rate of speed – sometimes referred to as med/tech. Rather than combine expert and technical, Cornerstone has separate lower surcharges for each as applicable, with expert testimony generally having higher density (more words/folios per page) than lay testimony but not necessarily being technical or overly fast.
Arbitrations, Hearings, Trials
Dispute-resolution proceedings are typically more difficult logistically, with more speakers than would be part of a deposition, multiple witnesses, and portions of the proceedings that are overly fast and of higher density (more words/folios per page). There are also additional indexing requirements.
Video-Recorded Proceedings (videographer fees additional)
Editors and proofreaders charge reporters more to work with audio and video files.
Participants Appearing by Phone/Videoconference
Testimony by videoconference can be more difficult in that it is often harder to hear and understand participants and to differentiate speakers, and it can take longer to transcribe. It can also require special equipment, setup, and/or training to facilitate.
Interpreted Proceedings (interpreter fees additional)
Interpreted proceedings take much longer to report and longer to transcribe. Sometimes they are also more difficult to hear and understand depending on the skill level and accent of the interpreter and whether the witness sometimes breaks through in English.
Technical Testimony (heavy technical terminology and/or sustained overly fast, garbled, heavy accent, or overlapping speech)
No matter what reporting method is being utilized – steno, voice, or digital – it makes it more difficult and time-consuming to capture and transcribe the record – sometimes exponentially so – when any of these factors are at play, with all being avoidable except a heavy accent or technical terminology. This is a fairly common surcharge from court reporters, as the art of making a great record seems to be waning.
Court reporters have the duty to interrupt as necessary to ensure they are able to capture the record accurately regardless of whether there are backup recording devices being used. Even with backup recordings, there are situations that can cause speech to be indiscernible:
1) Two or more people talking at once
2) Coughs, sneezes, or throat clearing
3) Outside noises or voices
4) Poor room acoustics
5) Inaudible responses or gestures
6) Utterances that are simply not understood by the reporter
7) Speech that is so fast that words are slurred or dropped or otherwise incomprehensible
8) Any other situation that prevents the court reporter from being able to capture an accurate record of the proceedings
We recently had a new client contact us to cover some depositions. Instead of the scheduling attorney taking the depos, they were instead conducted by his partner, a well-known attorney with decades of experience. The problem was that this attorney had a habit of talking over answers and objections. Sometimes he would even claim that others were interrupting him when he was really the offender. Much to the chagrin of the offending attorney, the court reporter interrupted as necessary throughout the day to make sure that an accurate record could be made.
A second court reporter covered the next depo, which was again taken by the same attorney. He decided to set the stage with the second reporter and let her know that he didn’t appreciate the conduct of the first court reporter. He conveyed that he was in charge, and he admonished her not to interrupt.
Since we are being asked to set aside our duty to ensure that we can preserve an accurate record – essentially being told to “grin and bear it” when the record is not discernible – we do not plan to accept further assignments from this firm.
Our advice to court reporters, passed on from a legend in the industry, is “It’s better to be found obnoxious than to be found incompetent.”
Our advice to attorneys: If you find that you are repeatedly being interrupted by a court reporter, it is probably because of a poor record. Sometimes it is not directly the fault of the questioning attorney. Sometimes witnesses habitually begin to answer questions before they have been fully stated. Nonetheless, a poor record is in the making, which makes it exponentially more difficult and sometimes impossible for the court reporter to accurately capture.
The record is up to the attorneys to make; the reporter’s duty is to preserve it. We can work together to make and preserve a record that can be easily understood and relied upon to present your case.
See Making the Record – A Guide for Attorneys for tips and reminders on how to create a great record.
VALUE-ADDED SERVICES
Although somewhat self-explanatory, value-added services provide additional value and are performed to meet client demands. These services are usually performed by court reporters with advanced skill level and often require the assistance of editors and proofreaders who charge higher rates for expedited turnaround.
Rough Draft Delivery (same day or soon thereafter)
In addition to being a value-added service, a surcharge for rough draft delivery is due to the extra work required by a reporter with advanced skill level and/or higher rates charged by editors and proofreaders for fast turnaround, which may include working overtime and outside of regular business hours. Not all reporters are able to provide a same-day or next-day rough draft. If you require a rough draft of a transcript, be sure to ask for the service when scheduling.
Realtime Translation (live text feed of proceedings)
In addition to being a value-added service, realtime translation requires a more highly skilled reporter with extra equipment, software, and training. Providing realtime translation is more difficult and demanding than an average rough draft. Edited realtime translation requires hiring an editor to work remotely. Not all reporters are able to provide realtime translation. If you require realtime translation, be sure to ask for the service when scheduling.
Expedited Final Transcript Delivery
In addition to being a value-added service, providing expedited final transcripts often results in overtime by the reporter, editors, and proofreaders in order to meet deadlines. Not all reporters are able to produce same-day or next-day final turnaround. If you require an expedited final transcript, be sure to ask for the service when scheduling.
CONCLUSION
The above charges vary from firm to firm, with the most significant increases tied to value-added services: rough drafts, realtime translation, and expedited delivery. A same-day or next-day final can sometimes double costs, and not all reporters are able to provide these services without advance notice.
If you know or think you might require one of these value-added services, please confirm availability when you first schedule the assignment.
