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Being Assertive

So one of the first lessons I have learned in my first two weeks of taking depos is the importance of being assertive. I did hearings for a couple of months before starting this. I loved doing that. OAH has really great judges! They are almost always looking out for the court reporter. They remind counsels to slow down for the reporter; they ask for testimony to be repeated when it's hard to understand, etc.

Well, I'm not there anymore, and I am the only one that will do those things in a deposition proceeding. On my second depo there were a couple of times when I let the lawyer and/or doctor run over me. I asked "What was that?" And they just kept on going. On my drive home I kept thinking about that over and over. Why did I allow that to happen? I was pretty upset with myself, and I promised that I would be more assertive next time.

I wish they could train you to be assertive in school some kind of way. I have no idea how they would do it, but I wish they would do something. I did have teachers tell me to be assertive and interrupt whenever I needed to, but that's easier said than done.

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Comment by Cheryl Haab on February 15, 2012 at 17:28: I think that most reporters learn this lesson the hard way -- when they get home and they've dropped portions of the testimony and their audio has somehow failed them. As terrible a feeling as that is, it is the feeling that makes you realize that you cannot leave that room unless you have every single word that was said taken down on your machine!

Comment by michele moons on February 14, 2012 at 17:18: I have a wonderful friend, a phenomenal writer, and she simply says, "If I can't/didn't hear it, you never said it." That usually resolves it right there. I've only used that line one time but, by jove, it sure got their attention. Congradulations, Shanna, on your entry into one of the most facinating careers you could have chosen !

Comment by Kelli Combs (admin) on February 5, 2012 at 11:24: I even had to remind one attorney that slammed his hand down on the conference room table after I interrupted, I told him that I'm an office of the Court, the same as himself, and I will not tolerate his behavior. He was more than welcome to get another reporter. Of course, this doctor depo was being taken on a Sunday and he was from out of town. He changed his tune real quick after that. He knew he wouldn't find anyone on the weekend so he had to behave.

Comment by Shanna Gray on February 5, 2012 at 9:51: Yes, I think you are both right. I don't want that to become a habit at all. I'll be ready next time. After all, I'm a professional as well!

Comment by Kelli Combs (admin) on February 5, 2012 at 9:04: I think reporters get in the habit of relying of their audio backup and not worry about it. However, in my experience, if I didn't hear it correctly, chances are it's not clear on the audio either. Speak up. It's also a good habit to get into now when you're new.

When I have witnesses with heavy accents, I speak up all day long. Sort of exhausting, but it's a must for an accurate record.

Comment by Janet on February 5, 2012 at 7:13: You do have to speak up in a loud voice (not yelling) to get their attention. I'd much rather do that than agonize over a word or phrase, which I have done more than I should have. I try to remember that while I'm at the job that if I didn't hear it or understand it while I'm there, it's probably not going to be any easier trying to figure it out later on.