Do you always get spellings at the job?

[Marla Sharp]

I always ask anyone and everyone in the room for spellings throughout the day. At every break, I'm the only one in the conference room furiously going through my transcript to find spellings I need. I try not to wait until the end of the day so that no one has to stay too long afterward. Lord knows they never want to and rarely do.

Sometimes I've asked the witness or attorneys if it's okay if I email them my spelling questions. And that's worked out okay most of the time. Except when it's an expedite, of course.

But I thought I would share what an attorney recent said on the record:

Q Mr. Smith. His first name is Ritlesh, R-i-t-l-e-s-h.
A Yes.
Q I'm saying that so the court reporter won't drive us crazy later.

Nice, huh?

[Lisa Moskowitz]

What a dick.

[Brenda Rogers]

Sorry, Monti. Can't be nice.
What an ass!!!

[Kyung]

Of course, I ask for spellings at the deposition, especially if it's an off-the-wall name like that.

Attorneys are not known for their sensitivity.

[Cathryn Bauer]

A few people just talk in an exaggerated, extravagant way ("It broke in 40 billion pieces"), and not much is meant by it; they're just using a figure of speech or perhaps stressing the importance of what they're saying.

However, often there is aggression behind a dumbaxx comment like this, and I recommend trusting your gut when it comes to making the distinction. I think it's important not to react to remarks like that. However, this applies only to the first time it happens. If it's going to be a pattern of "bait the reporter," I will say one of two things. First, "Oh, so an accurate transcript isn't important for this proceeding?" Second, "Okay, so I'll just put 'to the best of my ability' on the cert." Both are guaranteed attorney-getters and are well-deserved in that situation. Edited to add, if they say it on the record, my reply goes on the record.

For spellings that aren't going to be on the exhibits, I write SPEL SPEL, then do a global at break time or if parties are conferring outside the room and ask about the spellings. In my experiences, attorneys appreciate your desire to do a good job and will generally be gracious.

[Brenda Rogers]

I've seen this referenced before, "best of my ability," and it's always confused me. Isn't that all anyone can do? That's on my certificate. How can anyone do more than their ability allows them to do? I've been meaning to ask this for a long time now. Thanks.

[Cathryn Bauer]

Yes, of course. I don't like to use the phrase myself, although it seems fairly standard on California certs, and only do so when my job has been made difficult to serve as a kind of CYA. It's fundamentally meaningless.

A lot of attorneys seem to believe this makes the transcript less than fully certified. In certain extreme situations -- less than a handful in my career -- it has been made so difficult for me to do my job that I have invoked that phrase without enlightening them as to its specifics. I consider it the big guns, the final step before walking out of the depo (something I've never done, but I don't quite want to say I never will). I wouldn't say it except in that circumstance or except when I've done a reality check (e.g., ignoring it the first time) and it's clear that yes, I am being attacked.

[Brenda Rogers]

Thanks, Cathryn. I've seen that phrase used by CA and TX reporters. As I said, that phrase is in my certificate. It doesn't have the same meaning up here, obviously. On the other hand, we don't have a nice little catch phrase like that to warn them to knock it the hell off!

[Patricia Babits]

That is a great idea, spel spel.
I'm not so fast that I can just write myself a note on paper every time I hear a proper name or something I can't spell. I forget by the time I get a break! I should have thought of that.

[S. Arielle]

Jeanese....that happened to me....I had an attorney say some German last name....didn't even know how to spell it and then he's talking about koi and he act'ually turns to me and says "that's spelled k-o-i" and I said to him..."I know...i have a pond full of them." :) Asswipe!!!

sometimes attorneys are so inconsiderate becuase we all know that they are going to be depending on our transcript to do their motions because we all know they take crappy notes.

it just amazes me.

[Devon Roberts]

One of my favorite reporters asks the witness right then and there for the spelling.
I really appreciate her doing that!!

Devon
www.joyfulscoping.com
Eclipse

[Judy Barrett]

Well, Marla, as a long-time scopist and scoping training consultant, let me tip my hat to you for driving them crazy later.

I've worked with some really great reporters through the years, and they always realized that we're in it together, and the more information they can furnish, the greater the likelihood of a scopist returning a good (never perfect) transcript.

I throw in the "never perfect" comment because I see so many of my clients starting out with the idea that they have to turn back a completely finished product to the court reporter. Nice if that could happen, but I always explain that the reporter has the legal responsibility for a final proof.

The Internet and "The Google" have certainly made life easier for scopists and reporters alike, but there's nothing like good old-fashioned cooperation to make the pages flow, not to mention the dollars into the bank accounts! And there is a *lot* of misinformation on the Net!

I used to always receive an e-mail, along with the transcript, with spellings of various terms and names, from reporters. In one case I'll never forget, when the reporter didn't do that, I was working on a transcript with the name "Smith" throughout the document. I recall it was very confusing in spots, and after turning in the transcript, the reporter chided me for not psychically figuring out that there was a "Smith" *and* a "Smythe" in the mix. Care to guess how that ended?

Judy Barrett
Scoping Training Consultant
www.ScopingCareers.com

[S. Arielle]

I love that spel/spel......it works great and quicker to find the words that I need spellings for. Thanks to who suggested that.