At a recent multi-party deposition, the court reporter brought the proceeding to a halt when several counsel were talking at once and speaking over each other. The matter in controversy could not be resolved, requiring the reporter to accompany the attorneys to court for a ruling. Thus the deposition was conducted, hands on, by a professional court reporter. The parties agreed that the matter would have been adjourned were it not for the presence of a professional court reporter. The crispest audio device could not have delivered a record as accurate.Similar situations are common in the courtroom. Imagine the scenario detailed in a recent newspaper report setting forth a true example from a Berks County case in Reading, Pa..The story describes a courtroom exchange in which the prosecutor objects to the defense attorney's presentation in a murder trial, arguing the failure to follow proper court procedure. The defense attorney, however, refuses to yield the floor and keeps talking. So does the prosecutor - and suddenly they're all talking at once. "That," according to the article, "is when the court stenographer throws up her hands and says "Stop".. And the stenographer, Rebecca Bruce, was thereby making an important point about her profession:Most times, no matter how sophisticated the technology, a human set of ears and eyes - with the ability to sort out what's being said with keen observation and cool logic - is the best tool for ensuring the record stays clear and accurate.As the Pennsylvania example reminds, even an automated recording could leave the record open to interpretation which can lead to mistrials, verdicts being thrown out ... or worse.In an era when government agencies are forced to make desperate cuts, we still believe the best answer is to keep a human in the equation, especially when that human has the skills and devices to accurately record proceedings in real time.As with most industries, technology has emerged as a critical tool for the legal profession. However, no one has developed a device that can ask attorneys to calm down and repeat what they've just said.
