Do's and Don'ts of Making the Record, Part One

The transcript you receive from the court reporter is an important document before, during and after trial. In the judicial process there is a lot on the line and the importance of a clear, accurate record is critical.

Here are some helpful tips and reminders for creating an accurate record. Some of them are common sense, but it’s sometimes the common sense things that trip us up.

• ·       Awareness of the record. Keeping in the forefront of your mind that your words are being reported and may be read by opposing counsel, appellate judges, legal scholars – maybe even the Supreme Court will go a long way to creating an effective, useable record. You’ll eliminate duplication and repetition and your false starts will drop dramatically. You’ll look good, in front of your colleagues and in print.

• ·       Dr. Livingston, I presume? The reporter needs to know who you are and who you represent.  Often, it’s fairly straight forward. If it’s not, such as a multi-party case or a telephonic proceeding, it’s best practice to identify yourself before you speak.

• ·       What’s in a Name? Enunciate clearly and spell out proper names. Often names can be spelled a variety of ways or even mistaken for similar sounding names so take the time to ensure that there is no doubt of the correct spelling. No one likes to have their name confused with someone else’s or misspelled.
  

• ·       One at a time. What can’t be heard and understood can’t be reported. It’s hard to not overlap, we do it all the time in conversation. In a legal proceeding, talking over one another only serves to confuse those listening and clutter up the record – or may not even make in the record. A reporter can only take down the words of one person at a time.

We hope these few tips will help you in making a clear, concise and accurate record. Your court reporter will do the rest. Look for a few more tips next month.