2012年1月22日 星期日

Choosing the Right Deposition Reporters For Your Case


There several factors that contribute to the outcome of a court case, including: the skill of an attorney, the attitude of a judge, the attitude of a jury and the quality of depositions. The first three factors are well known, but the impact that depositions can play in the outcome of a case is often overlooked. Depositions are often viewed as straightforward affairs. But if you have much experience deposing witnesses, then you know that depositions can range from smooth question and answer sessions to long, drawn out affairs where a deponent is anything but forthcoming. In the first case, the quality of a deposition is determined by an attorney's acute questions and a deponent's willingness to answer. But in the second case, the quality of a deposition is often determined in part by deposition reporters.

Even when deponents are surly or tight lipped, most depositions still create a record of "truth". But often times, that truth is revealed by a deponent's tone of voice, physical demeanor and non-verbal utterances, all of which an astute deposition reporter will incorporate into the deposition transcript. But the challenge is to find deposition reporters that possess the professionalism to remain on point throughout the course of such depositions. Just as attorneys become frustrated with rude deponents that don't give meaningful answers, so can deposition reporters. Therefore, it's important to evaluate reporters on more than their experience and certifications, particularly their personal views and tolerance for boredom.

Personal Views

In most cases, a reporter's views don't get in the way of a deposition. But there are times when a reporter's views can combine with a deponent's poor performance to produce ugly situations. For example, there are more than a few horror stories of prejudiced reporters that didn't reveal their prejudice until a deponent whose race, religion, political affiliation, etc. supremely tested them. The easiest way to avoid these situations is to hire a reporter through a reporting agency that evaluates candidates on their personal outlook as well as their objective skills.

Tolerance for Boredom

Court reporting is not a boring occupation. But court reporters often encounter depositions that try their attention span. When most of us become bored, we drift in thought. But when a court reporter does this, the quality of a deposition dramatically suffers. As aforementioned, some of the most uneventful depositions end up revealing the truth without words; and it takes a reporter who has a tolerance for boredom to communicate that truth through the transcript. While there's not an official test to judge a person's capacity for boredom, consulting with a reporting agency that thoroughly evaluates a candidate's personality is the best bet.




In my research on court reporting, I've discovered several characteristics that all deposition reporters should possess.





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