Welcome to CSR Nation
Definitely put yourself on the record when you stopped him for clarification -- VERY IMPORTANT. It's called "CYA." You were obviously doing the best anyone could to get a record and getting zero cooperation. That needs to be in there regardless of what you choose to do in other proceedings.
I have never put in that parenthetical; I am not completely sure it's wrong to do so. Clearly, this was an absolutely hopeless situation. Maybe there are exhibits or other paperwork where you can get those two words? Also, you might ask the judge about them; he seems sympathetic..
You might also post the sentences with the unintelligible words here. If there's plenty of context, others here might be able to help you piece them out. Write the unintelligibles as phonetically as you've got, and we'll see what we can do.
Hi, Heather. I would suggest you take the pleasure that Cindy recommended, roll around in it, use "unintelligible," and move on. If you could see some Congressional transcripts -- and I don't mean from Hill reporters, I mean from things that are transcribed in government proceedings -- they are replete with not only errors but unintelligible as well, and I mean along the lines of: "We were (unintelligible) on the (unintelligible). At the point we pulled our guns, it was utter (unintelligible). That's when the military (unintelligible) for the Ministry of (unintelligible) stood up and was gunned down. (Unintelligible) and (unintelligible) were heavily involved in the planning for this covert operation, and ultimately, General Fontaine ordered a (unintelligible) locked down (unintelliglble)."
Really. The advice I would give you is you do the best you can do, and that's all you can do. The most upsetting part of your whole post is "He was very annoyed with me for stopping him." We are highly trained, skilled professionals. We are not miracle workers! Want a silk purse? Start with silk.
I do it only when I have no choice. I have been on this case with Asian inventors and they all have heavy accents. Since my jobs are videotaped, there was one place that I just could not figure out what the guy said and I did use (unintelligible) in the transcript. I have taken about eight or nine depos in this case and only used it once. Most of the time I can figure it out, plus the fact I am interrupting all day long trying to make sure I understand what the witness is saying.
It is what it is and you can only do what you can do. It's not your fault he doesn't speak clearly.
I had this one depo that I will never forget about five years ago with a witness with a super heavy accent and I could not understand him for the life of me. I would interrupt to get clarification and the attorney had us go off the record and the told me he did not want me interrupting anymore because it was ruining his record.
I had him put on the record he did not want me to interrupt for clarification. On that depo I used (unintelligible) through the whole transcript. I had no choice. The transcript was barely usable, but I did CYA in the sense I made him state on the record I could not clarify anything. You get what you get.
I am glad that has only happened once. What a jerk.
What a jerk indeed, Kelli. Very smart to get him to state on the record exactly what he wants. Any complaints or anything re that "barely usable" transcript?