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Comment by Shirley Riga on December 19, 2009 at 13:52

Thank you Janis, for referring to the DRA article when an attorney asks the audio to be stopped. That's my answer to what started this whole string. Obviously this is a hot topic. I never used to record either, but with the software updates and audio sync, the ease with which to move through transcripts is so helpful, and for liability sake, I've used it when I've been questioned by a witness if they really said something that way. You bet I checked it out. People don't realize how they sound, not stringing a sentence together. I need to get a hold of that article you referenced. which month did the DRA publish the article in 2008?

Comment by Drew Elizabeth Coverson on December 19, 2009 at 13:24

I agree with Julie, but I too didn't want to open up a can of worms. I have never used audio since I started reporting 15 years ago.
I know a new reporter that actually listens to the whole audio after every job. She knows this is not an efficient use of her time and a crutch, but can't help herself. Now I'm not implying that all reporters who use audio do this.
I feel strongly that because I've never used it, I've become a better reporter. It has forced me to hang on and write better and stop them when needed.
We are licensed in CA to write 200 wpm with a 97.5 accuracy rate. We are not tape recorders. I think someone mentioned in this string of emails that one attorney was glad that the reporter was using audio so he could talk fast, and the reporter could fill the drops. That sounds awful to me....

Comment by Rosalie DeLeonardis on December 19, 2009 at 11:22

Hello, Julie. I felt the same way about recording for the first six years and would never do it, spent many hours trying to figure out what I misstroked, et cetera. I finally started voice recording after attending Anita Paul's seminar when it was brought up. My girlfriend and myself were the only two in the room that did not voice record. Voice recording saves a lot of time. You can just play the word to see what it is and move on. I feel it's also protection for reporters if a witness changes his answer after reviewing and/or an attorney trying to say a reporter left something off, all you have to do is play it. One firm I work for in San Jose will send you the errata sheet with whatever a witness changes, and what I do is listen to make sure it's not my mistake and then let the firm now that he/she is just changing their answer. The firm actually likes to know that. I don't believe that a reporter should rely on voice recording to produce a transcript because if you can't hear it, neither can your microphone. The debate is on! lol. Just kidding. Also, most reporters I know don't hide their microphone. Attorneys know they are recording. I can tell you that I will never do a doctor deposition without voice recording ever again, especially when they have a thick accent.

Comment by Julie Lessa on December 19, 2009 at 10:28

PLEASE DON'T TAKE THIS THE WRONG WAY, but I am struggling with the whole recording issue. Maybe this is not the appropriate venue to bring it up, but I'm going to. I've walked away from several seminars/conventions/conferences really angry, feeling that I've just wasted several hours of my time (not to mention $$$$) learning about the latest "hidden" microphone gadgets, some not-so-hidden gadgets and reporter "issues" regarding recording. I don't understand. Why is our profession turning into recorders instead of reporters? I understand some doctors, coroners, economists, etc., are hard to report, but we are professionals. We can do this. We have the necessary tools to perform our job without a tape recorder.
Why? Why? Why? Why do you record anything? We all made it through years of school, passed state and national tests without it, some of us have worked for a decade or more without it, WHY DO YOU FEEL YOU NEED TO RECORD THE PROCEEDINGS?
I don't want to start a huge debate about this. (although I think I just did!) I'm genuinely curious as to why veteran reporters (or not-so-veteran reporters) would start relying on a tape recorder. I know this is going to open a can of worms. Looking forward to hearing from you.
(Hi, Rosalie! Kalawaias neighbor)

Comment by Shirley Riga on December 18, 2009 at 11:22

Any idea where I can find an opinion on this question? I've been searching in the Code of Civil Procedure on line. I called CCRA and I have to leave a message so I've turned to the internet. I'm not sure where else to turn.

Comment by Anthony D. Frisolone on December 18, 2009 at 11:19

Thanks for doing the follow-up on this Shirley. It's been awhile since I've looked at it and wsan't sure after I posted whether it did or did not. Still good food for thought.

Comment by Rosalie DeLeonardis on December 18, 2009 at 11:11

Just another note on th voice recording, I was doing a depo with five attorneys, and when it came to one attorney, he asked me if I was recording and I said yes. His comment to me was "Good, because I want to get out of here." Meaning he wanted to speak very fast and didn't really want me to stop in case I fell behind. I said that was fine but if he needs read back, to bear with me in case it was an area where I dropped or misstroke because he was too fast. After the depo I asked him how he knew that I was recording (I don't hide my mic), and his comment was "all his reporters record."

Comment by Shirley Riga on December 18, 2009 at 10:51

I checked the links and there's nothing in there about an attorney's right to request that the audio backup be shut off. It only addresses the issue of a party requesting an audio backup of the proceeding.

I just spoke with Mona Savino of the NCRA Ethics Committee and she has heard of this before, but can't recall what happened. She felt this is part of the work product which gives us a right to use it. She suggested legally I check with the California CRA specifically and to let her know. I'm hot on their tail now.

Comment by Anthony D. Frisolone on December 18, 2009 at 10:39

I suggest that those of you who use audio consult the NCRA Code of Professional Ethics and the Public Advisory Opinions, most notably Public Advisory Opinion No. 38 which directly addresses the issues of back-up audio meda and it's ethical implications to you as a reporter.

Here are the links.

http://ncraonline.org/NCRA/codeofethics/
http://ncraonline.org/NCRA/advisoryops/

Comment by Vesna Walter on December 18, 2009 at 10:34

Definitely let us know, Shirley! That would be great to know for sure so we have a clear answer if an attorney is feeling extra rude.

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