Have you recently found yourself searching for a meeting space for your out-of-town deposition, and didn’t know where to start?  Or did you make several calls, only to come up empty handed? 

There is nothing more frustrating than having to schedule a deposition out of town when you don’t know a single source at your destination.  If you begin to cold call around, you will likely find a space, however it may carry an expensive rental rate.  Also, the time you spend searching for a room is worth dollars to your firm.  Being able to find a conference room at no charge quickly will save you time and your client money. There is no need to spend all of your precious time looking for meeting space.

Try one of these four places the next time you’re looking for a conference room:

1. Call local courthouses.

Many courthouses have extra office spaces that you can call and reserve for taking a deposition or for client conferences. Call ahead and see if they will allow you to reserve one in advance.

2. Check with your vendors.

Your firm likely has an accounting firm or local insurance agency that you use for services.  These vendors can be a good source of conference room space. Again, most will be very accommodating and lend you their conference space for free. If they do not have space at your destination, they may have contacts in the area who can help.

3. Ask another law firm if you can use their rooms.

If you refer clients, on occasion, to other law firms in the area, call and ask if you can use their conference room.  Most law firms will be happy to oblige provided the room is not already reserved.

4. Ask your favorite court reporting firm to help you.

Many larger court reporting agencies will have conference space available for your use. All you need to do when you call to schedule a deposition is let the agency know you will need to reserve a conference room, and how many people will be attending.

Some larger court reporting firms, such as Brown and Jones, have developed networks of court reporters around the country. Many times the firm can call and find you a conference room at no extra charge. Be sure to provide the number of people who are expected to attend.

At Brown and Jones, we have relationships with court reporters all over the country.  We often help our clients find out-of-town conference rooms, often for free.  In our own offices we provide complimentary access to our state-of-the-art downtown Milwaukee conference facility at no charge to our clients.  And if your deposition is not in Milwaukee, we will call our many friends around the country to find you a conference room in the location to which you are traveling.

Conference Room Requirements

There are a few other features to consider when scheduling a conference room:

Location:  You will want to be sure the location is one that is easily accessible to all parties who will be traveling to the deposition.   If you or other parties are traveling by air to reach the deposition, be sure to find a meeting space that is close to the airport.

Size of Room:  Be specific about how many people will be attending the deposition.  You don’t want to show up with eight people only to find out the room you reserved only holds four people.

Reporting Services:  If you are also scheduling a local reporting firm to create the official record of the deposition, there are many services you may require. The following is a list of specialized services you may need. Be sure to inquire about the availability of these services before scheduling the deposition:

• Legal Videographer
• Streaming Video Access
• Realtime Reporting
• Rush Transcripts
• Online Access to Case Documents
• Computer Litigation Support

Video depositions can be a very productive technology tool in an attorney’s toolbox. When a witness can’t testify live at a proceeding, a video deposition allows the witness’s testimony to be recorded on video and in a paper transcript.   Video depositions provide several advantages.  Here are just a few:

• Demonstrates a witness’s body language
• Holds the jury’s attention when played back in court
• Brings a witness to trial who cannot attend in person
• Saves costly expert witness fees and travel expenses
• Allows visual view of physical evidence

Once you know you need to schedule a video deposition, how do you go about finding a good quality videographer and court reporter?  You need to know what questions to ask when you call to schedule a video deposition.  Here are a few areas you will want to ask about to ensure you are hiring a good professional legal videographer who has the specialized skills you will need.

6 Questions to Ask Before Scheduling a Video Deposition

1.      Are your videographers certified?

The National Court Reporters Association offers a certification for videographers called the Certified Legal Video Specialist. Videographers with this certification undergo specialized training and are prepared to offer specific services required for legal video.

2.      Do you provide the ability to view exhibits on camera?

Multi-camera taping allows the viewing of both deponent and deposition exhibits at the same time.  The video screen should show the two side by side, replicating an in-person deposition where you would have the exhibits available to review.  With side-by-side viewing, you will be able to see exactly what is being referenced by the witness.

3.      Can you provide courtroom video playback?

If you may wish to play the deposition in the courtroom, you will want to hire a videographer who will come in at the scheduled time and play back the deposition for the judge and jury.  This eliminates you having to put together the technology you will need for playback.  A good videographer will take care of this for you.

4.      Do you provide post-production editing and digitizing?

Post-production editing and digitizing gives you a couple of useful advantages.  The video and transcript will be in sync. On playback, this will allow you to search text within the video. Also, when playing a synced video, you are giving the viewers the chance to see, hear and read the testimony. This reaches each juror on multiple cognitive levels and holds their attention.

5.      Is quality audio captured?

Whether you’re using the video for playback at court or simply for your own trial preparation, good quality audio is a must.  Be sure your videographer uses high quality microphones and equipment to reproduce the audio in the video.

6.      Can I view the deposition as streaming realtime video?

Streaming realtime video allows you the ability to view the video on a computer at most locations that have an internet connection.  The realtime feature means you will be able to be present by video at the deposition as it is happening.

By using these simple questions, you will discover the quality and knowledge level of the videographer you are about to hire.  If a videographer has trouble answering these questions, you may want to consider looking elsewhere. 

Most court reporting firms have a videographer in-house, or have one they have worked with in the past and can recommend.  By using a videographer suggested by your court reporter, you are likely to find one who is experienced in the special needs of legal video depositions.

ABOUT THE AUTHOR

Jane Jones is a court reporter, Co-Founder and Co-Owner of Brown & Jones Reporting, Inc. Connect with her on LinkedIn and Google+.

For some court reporters, the profession has always been an obvious choice. For others, like the former chair of the Court Reporters Advisory Committee for the Washington State Department of Licensing Roger Flygare, it was an army injury that led him to his now 30-year career. 

Flygare wrote a blog post for the Prince Institute detailing his journey. In the post, he explained that he joined the Army to serve in Vietnam in the 52nd Combat Aviation Battalion. There, he was trained to be a helicopter mechanic and also worked in the Personnel Office. Eventually, Flygare volunteered for guard duty and was promoted to be Sergeant of the Guard when he injured his arm while on duty.

After returning home, Flygare found his arm needed to heal. A vocational counselor suggested court reporting, and he began training in Washington state. Once he had a degree, he said he "never looked back" and has worked as a court reporter since. 

"I learn something new every day," he wrote in his post. "Cases I have covered ranged from the Exxon Valdez Disaster to local fender benders, nuclear power plant contamination, family law matters, and on and on and on. I actively practice court reporting daily and still find it a fun challenge mentally to continuously improve my writing skills."

In addition to being a licensed court reporter, Flygare is a licensed videographer and a manager of Court Reporting Services, and is the current president of the Washington Freelance Shorthand Reporters Association and has served as the president of the Washington Court Reporters Association.

If a court reporter isn't able to hear a speaker in court, or if a speaker interrupts someone, the reporter is required to ask those speaking to repeat what they said, court reporter Karen Morris has said. Now, more court reporters are speaking up when budget cuts in North Carolina would cut the the number of court reporters in half. 

The North Carolina budget, which has been proposed by the state Senate and is currently going through the House would replace the number of state court reporters with audio recording technology. In response to this news, state court reporters, district attorneys and others involved with the court system are working to keep this from happening. 

While this change would save money in the short run, "opponents are concerned about using electronic recording devices in the courtroom because transcripts can be riddled with inaccuracies," WRAL, a Raleigh news source, explained that "One transcript, for example, had 148 places where the sound was inaudible."

When this happens, as the news source explained, dispositions may not be "handled properly" and the integrity of the case may be compromised. Sometimes, defense attorney Mike Reece said, this means an entire new trial, taking away from the proposed cost savings this change is intended to produce. 

While the budget proposals are still going through the legislative process, the opposition of many different parties is important to note. As attorneys explained to the news source, audio technology doesn't have the ability to record depositions in the same way as certified court reporters, and if this change results in additional trials and inaccurate transcripts, the cuts will not be worth it. 

Court reporters worldwide are required to accurately and quickly transcribe depositions to ensure that everything said is included. The career has never been known for its easy or unimportant work, which is why one army court reporter, Staff Sgt. Ana Hairston, was awarded the 2013 Sgt. Eric L. Coggins Award for Excellence. Hairston is a reporter for the Headquarters and Headquarters Battalion, 101st Airborne Division.

The award, according to the Fort Campbell Courier, goes to those with "superior" legal skills and virtues, and Hairston was nominated by her coworker, a civilian court reporter Kim Rodriguez.

"To get nominated for the Coggins Award, you have to be willing to go that extra mile to do everything that you can to help your Soldiers or any other Soldier who needs assistance or even looks like they need to have assistance," Rodriguez said to the news source. "It doesn't necessarily have to be the Soldiers she works with on a daily basis. It can be anybody that needs help."

As a court reporter, the news source said that Hairston trains other reporters, transcribes courts-martial, reviews the materials and assists paralegals in their work. Hairston, as well as civilian court reporters, is vital to the court process, as the award shows. Anything said during a deposition can be the determining factor in a case, so having accurate records is just as important to keeping the legal process just. When looking for a court reporter, an experienced and qualified reporter with high-quality equipment can ensure that depositions are recorded correctly.

It's easy to understand the importance behind having every single word recorded during a deposition, as the word "not" or the misspelling of a word can change the entire meaning of a transcription, and consequently alter the outcome of a case. But something that does not seem as obvious, but is in fact just as important, is having the correct punctuation, as an instructor at the Prince Stenograph School recently said. 

Brianne Demma explained in a blog post in February that knowing proper punctuation and grammar rules is vital to having the correct meaning of a sentence.

"Court reporters need to be vigilant not to misconstrue the meaning behind the words they are transcribing," she wrote. "I am reminded of one of my favorite punctuation jokes. This joke displays a picture of an elderly woman surrounded by the sentences 'Let's eat Grandma' and 'Let's eat, Grandma.'"

When editing their transcripts, she also explains, court reporters must know the "foundations of the English language," to be able to convey the exact meaning of what was said in the court room, one of the reasons certified court reporters take English classes in addition to learning transcription rules. With any uncertainties of grammar or punctuation rules, the integrity of the transcript may be compromised, hurting both the court reporter and those involved with the case.

This, along with many other reasons, is why having the proper English training and education is vital to any court reporter. For lawyers in Wisconsin, partnering with a certified court reporter can ensure that all depositions are accurately transcribed. 

While a new court reporter or a current student may think the only things that matter in the profession are the speed and accuracy with which statements can be transcribed, there is one other thing that is simply critical for a reporter to have: a sense of ethics.

Court reporters are responsible for creating the official record in many different situations. In this way, they can be seen as having the "last word" in any deposition, trial or other event. This is a tremendous position of public trust for an individual to be in, which is why it is essential for court reporters to not only act ethically at all times, but also ensure that their behavior never gives off the appearance of any type of bias or conflict of interest.

Any failure on this front could significantly damage the reputation of certified court reporters everywhere. The National Court Reporters Association's (NCRA) Code of Professional Ethics offers a concise set of guidelines to help working reporters ensure that they are on their guard against "not only the fact but the appearance of impropriety" and able to "maintain the integrity of the reporting profession."

To promote awareness of the importance of impartiality to the court reporting profession, the NCRA is currently pushing a program called Ethics First. The initiative encourages court reporters to educate their colleagues, including lawyers and members of their staff, about the need for them to maintain neutrality in both fact and appearance.

The Freedom of the Press Foundation is currently raising funds to hire a certified court reporter to create a complete transcript of the trial of Private first class Bradley Manning, who stands accused of leaking classified government documents to the organization WikiLeaks.

Manning has already admitted to distributing classified material and faces up to 20 years in prison. However, he still faces charges under the Espionage Act. Manning's trial is scheduled to start on June 3, 2013.

The foundation is looking to raise a total of between $40,000 and $50,000 to cover the cost of keeping a court reporter on-site for the duration of the trial. The organization is also providing grants totaling $8,500 to support the work of two independent journalists who have been covering the case.

In a press release explaining the importance of the project, documentary filmmaker and Freedom of the Press Foundation board member Laura Poitras cited the "Kafkaesque obstacles" that journalists attempting to report on the case have encountered.

"By funding a court stenographer, we hope to help journalists in their effort to report on the trial," Poitras said.

Glenn Greenwald, a journalist and member of the foundation's board, added that he believes it is extremely important for reporters to give members of the public "a virtual seat in the courtroom" by creating complete transcripts of all the trial's parts.

"That's some of the most powerful work a journalist can do," Greenwald said, adding that both he and his colleagues at the Freedom of the Press Foundation are "glad to help support that work."

Senator Tom Harkin, chairman the Senate Committee on Health, Education, Labor and Pensions (HELP), recently introduced a pair of bills that would expand existing requirements for ensuring deaf and blind individuals are able to access entertainment media in public settings.

The Captioning and Image Narration to Enhance Movie Accessibility (CINEMA) Act would require any movie theater with at least two screens to provide captioning and video description services to any attendees who request them. The Air Carrier Access Amendments Act would modify an existing law by requiring that airlines make captioning and video description available for all programs that are shown during flights.

The subject has long been of personal importance for Harkin. He authored the Americans with Disabilities Act and was its chief sponsor in the Senate.

"More than two decades have passed since the enactment of the Americans with Disabilities Act, and in that time we have seen a transformation of our physical landscape – from curb cuts to wheelchair ramps, buses with lifts to automatic doors – our communities are more accessible than ever for our neighbors with disabilities," Harkin said. "However, we still have more to do."

The Senator added that he believes it is essential to pass his newly proposed bills in order to "allow Americans with visual or hearing impairments to enjoy going to the movies and watching in-flight entertainment, through captioning and video description, just as they can at home."

The National Court Reporters Association (NCRA) put out a press release commending Harkin for his leadership in promoting the rights of disabled Americans.

A spokesperson for the NCRA asserted that the organization's Government Relations Department is actively working to meet with members of Congress and their staffers in order to further strengthen the legislation and give it the greatest possible chance of being passed into law.

To become a realtime court reporter, one has to acquire a particular set of skills that involve being able to listen and quickly process a great deal of dialogue while writing all of it at a high word rate. Of course, this must all be done accurately to the point where it can be used as evidence in future legal proceedings.

However, there's much more to court reporting services than a professional with a particular set of skills. In order for depositions and trials to be recorded efficiently, court reporters must have access to the right equipment. In a recent blog post, Kim Neeson of the court reporting firm Neeson & Associates looked at this idea in the context of another practice: skiing.

In her piece, Neeson compared one's ability to succeed in court reporting to a recent ski trip. Previously, the author was a serviceable skier, but felt as though she was "slogging" through the snow, causing her to feel achy afterwards. However, after using higher grade equipment, Neeson noticed her skiing improve to the point where she was keeping up with other skiers and no longer felt sore.

"This is akin to what I preach about court reporters having the latest equipment and technology – it will make you better," Neeson wrote. "You definitely have to have the skills – no doubt about it – but having the tools to work with that are modern and can take advantage of the latest technological know-how is absolutely essential to performing at your peak."

Wisconsin court reporters need to have the proper equipment to make sure that any legal proceedings they're involved in are composed in a manner that will make the official record suitable for evidence later on.