(THE ROAD TECHS TRAVEL)

I’m often asked what it’s like to be a traveling daily trial technician. While the work can be very rewarding (especially when a verdict is returned in favor of our clients), the hours spent preparing for a trial and the workload during trial itself can be very grueling, even for an experienced tech.

We have been hired for several out-of-town trials over the past year here in our home state of Kentucky: Paducah, Glasgow, and Hazard (to name a few), so I thought I would share some tips that help me personally when in trial “on the road.”

PRE-TRIAL:

While initial meetings with attorneys are usually many months prior to trial (including deposition or mediation presentation prep), it is very important with an out-of-town trial to schedule time to scout the courtroom and get familiar with the courthouse staff. This allows the opportunity to obtain the Court’s preferences on technology (for example; does the judge prefer flat screens vs. projectors) and to discuss a scheduled installation time prior to trial.

Every venue is different. Some courts prefer that we set the equipment up the evening before trial, while others won’t allow for setup until after voir dire (on a lunch break, minutes before opening statements). The key to surviving instance two is having several assistants at trial pulling screens and laying down gaffer’s tape to make this process happen as quickly and seamlessly as possible.

Additionally, there are courts throughout Kentucky with hardware already in place to consider. For instance, the courthouse may have a ceiling-mounted projector, but no distribution amplifiers to send the signal to multiple screens and no kill switch (to kill the signal to the jury screen). In this scenario, I incorporate my own equipment into the mix. (See my previous post on custom building a kit to meet a judge’s preferences).

While in town for the scout, I make note of amenities and resources (grocery stores, office supply stores, and printing companies) in case attorneys neglect to pack a necessary item. I try to dry clean all personal apparel for the two-three weeks of trial ahead of time. While I may get to come back home for a night or two on the weekend, laundry is really the last thing I want to deal with.

Weekends are generally “working weekends” (or at least one full weekend day of prep) whether back in the home office or in the hotel war room on the Sunday prior to the next Monday. Also, it is best to plan to stay in the same hotel as the attorneys/paralegals who have hired me. It is very common for attorneys to request a printed draft of a presentation, documents with printed IDs on the bottom, PowerPoints, exhibits, or outline notes to be slipped under their hotel door for their review. Being “on call” and available is of utmost importance.

The night before trial begins, I like to set up two war rooms. One is in the hotel conference room that the attorney rents out and a smaller one is in my own personal hotel room. I always bring my own Wi-Fi hotspot and plan not to use the hotel’s unsecure internet. This same hotspot is preferable to take with me to trial as well, though some courtrooms have better service that others. I generally place mine near a window, if available, and email the password to the attorneys so they can have access as well.

The hotel war room kits also need to include printers. I DO NOT use hotel printers/computers because nine times out of ten, opposing counsel is staying in the same hotel (especially in small towns). Finally, if I haven’t worked for the attorney who is hiring me before, I schedule several phone calls prior to trial and plan to meet in person the Sunday night before trial as well to make sure and outline all expectations.

SCHEDULE:

Once trial begins, daily “out of town” trial work generally begins around 5:30/6:00 AM for me. This includes checking morning emails from attorneys, printing, adding in exhibits, preparing impeachment clips, etc. followed by a full day at court (most judges end the day at 5:00), and an additional 4-5 hours of evening hotel prep work to get ready for the next day’s witnesses.

Evenings before an expert is on the stand may have me up preparing into the wee hours depending on when the expert’s flight arrives and how much content is already prepared by the expert themselves.

PERSONAL NEEDS:

I find that setting personal boundaries can be helpful to remain productive. It usually takes a few days to fully acclimate to the attorney’s trial preferences. After a long day of trial, some attorneys need an hour or two break at the hotel before prepping for the next day and prefer to work late in the evening after they’ve had dinner. Others prefer to work straight through and retire to their rooms earlier.

If they are a “work straight through” style attorney, it helps me to go back to my room for at least 10-20 minutes after trial, change out of trial clothes, grab a snack/coffee (I always keep snacks in my hotel room in the event that I don’t get a dinner break), and then head down to the conference room.

Also, there are times when they may be meeting with a witness or an expert for an hour or two before they are ready for me to come down and get the next day’s exhibits together. In that case, I try to take a short walk, take a short nap, or do something non-trial related for a bit if I anticipate a long night.

While waiting for instruction from them, I try to make the best use of my time by typing up the day’s trial notes, updating exhibit lists/descriptions so as to remind the attorneys and staff what exhibits were published/admitted that day.

Finally, it is very helpful for me to take inventory and label boxes for what items will stay at trial versus what items will travel with me daily from hotel to court (and keep an index of what boxes contain what items). I also keep a few folders with me at all times (one for documents/notes of what has already taken place a trial, one for witnesses on the stand that current day (whether live or by video), and one for future witnesses/items to use in closing arguments.

LIFE ON HOLD:

While it may seem like I have highlighted the various challenges to working an out-of-town trial, the flip side is that there are real benefits to these trials as well. Being away allows for an intense amount of focus and the ability to completely immerse myself into the “team” without the normal interruptions of putting out fires back at the home office.

Knowing that an assistant can’t be there to help me if I’ve forgotten something helps me to over-prepare myself and think through all of the various scenarios and backup plans.

Along with the team, you are working as hard as you can, as long as you can, and when it’s over you can rest in knowing that you’ve given it your best. And once the verdict is read, the equipment torn down, and I am driving down that long stretch of road for the final time, I can imagine life as “normal”… at least until the next trial.

Please call your next witness: Thoughts on witnesses appearing by video deposition at trial

We’ll open the record.

A legal videographer films a deposition and provides the video copy. The video is then converted and sync’d to the transcript. Slap on a player and the job is complete, right? Wrong.

Syncing video is only the beginning. Supporting sync’d video and having editing capabilities for trial playback takes considerable training and experience, especially when dealing with multiple parties.

As if trial isn’t stressful enough, the challenge of editing depositions on the fly even this many years (and trials) later is still daunting. Having an attorney (or several) peer over your shoulder in a closet sized “war room” while they argue over what stays in and what comes out is probably the least enjoyable part of the job, but it’s necessary.

Can you take out all of the objections by noon? We’re playing it today.

Video depositions often take place prior to trial. The witness is sworn in and the video can then be played at trial in lieu of a witness appearing live. What the jury generally sees/hears, however, is not the entirety of the deposition.

The process involves both parties submitting designations & counter designations for the portions of the deposition they would like to be played. The judge considers motions in limine and makes rulings on these designations. These rulings, created to protect the jury from information that could possibly be unfairly prejudicial, are then given to a trial tech so as to edit the video down to the portion deemed allowable for live playback.

 If a tech is lucky, a highlighted transcript (color coded by party) with both parties’ designations are provided so we can ID clips appropriately and piece them together. The tech creates the clips in a trial software program, carefully cuts out portions needing to be omitted, and merges the clips together into a multi-clip in chronological order. The text of the draft is emailed to all parties and everyone agrees this indeed is the draft that will be played the next morning. And the job is complete, right? Wrong.

Nearly every trial I have been a part of has involved multiple drafts even though parties “agreed on” draft one the night before. For that reason, it is preferrable to reserve a tech to be on standby (or to be live with you at trial) so as to make any additional edits the day the deposition is to be played back. Often, you can find techs making edits with headphones on out in the hallway of the courthouse or even playing back the first half of the deposition to the jury while simulatenously making additional edits to the second half of the video.

Does the jury know this is happening? No. They take a break, drives are swapped out and part two of the depo is played when they return. The jury is oblivious to the fact that there were arguments held over what would be played often just moments before it was put before them. (As an aside, I cannot stress enough the importance of having a wireless printer in the back of the courtroom so if any new drafts are made mid playback, the new text can be printed for both parties to follow along).

Serenity to accept the things I cannot change.

Now, one might look at this system and say “that sounds ludicrous.” If a deposition happens in March and the trial is in September, why not make final edits much earlier so the edited video is “in the can” and ready to go? Or maybe the attorneys could submit all designations several days prior to trial so the judge can rule during pre-trial hearings and again, have the edited video ready to go? Wrong.

We have accepted that in addition to the fact that attorneys and judges are insanely busy in pre-trial mode (researching, prepping witnesses, arranging flights for experts, filing motions), they also hope to make the process of trial as difficult as possible so as to encourage settlements.  In addition, trial attorneys are professionals who tend to fly with no net.

Don’t get me wrong, this ability to think on their feet is an amazing skill that equips them well for the rigors of trial, but it is not ideal to be juggling plates without the help of tech support. As techs, we spend many a night into the wee hours preparing the next day’s exhibits for a witness, but when you mention a video depo edit it just doesn’t seem important to the trial team, until it is.

Eight years of experience tells me that the system won’t change. All we can do is offer these tips to clients so that they give themselves the opportunity to be as prepared as possible. Our suggestion is to hire a daily tech on days you intend to play video back. If you don’t want that commitment, invest in training so you can have a dedicated and practiced staff member who knows how the software works and has had experience editing under the gun.

Either way, we don’t encourage trying to do it all yourself. If you only try cases a few times a year, why risk not equipping your trial team with someone who edits video frequently?

-Katie Coulter, Trial tech and part owner of Power Presentations, LLC

powerpresentations.org (Louisville, Ky)

A reflection on skills transferable to any career path that your child chooses.

At NCRA conferences, I have often had the conversation with other children of court reporters that we need to form a support group. The millennial generation grew up with reporting parents who experienced a rapidly changing legal environment, where the demands and stresses were palpable, unprecedented, and impossible not to have some lasting effect on us. Kidding aside, the truth is that looking back there was much to be gained by having court reporters for parents.

1) Nose to the grindstone

Is writing 250-300 words a minute to a realtime feed difficult? Definitely. But while some think the court reporter’s job is complete after the deposition or trial is finished, this couldn’t be further from the truth. Reporters work very long hours editing transcripts, poring over exhibits, proofreading, and then proofreading again. For every one hour of writing live, 1-3 additional hours are actually dedicated to the final product. The lesson learned for me is not being afraid to go over and above. If you are in the service industry, (and 4 out of 5 Americans are) your clients will appreciate the effort and dedication.

2) Time management

Oftentimes, these transcripts are rush turnaround. A job can turn into a rush without warning and without regard to whether it’s a weekend or weeknight, which segues into the importance of time management. I often say that my parents can get more accomplished in one day than many get done in several work days. They must be efficient with their free time.

Simply put, this is not a 9-5 job. In today’s working world, with the emergence of smart phones and 24/7 access, other industries are just starting to getting used to the mobile worker. However, reporters have been juggling this ball for decades. Yes, it is difficult to make commitments in your social life from time to time. But it has taught me to appreciate the “now” and to truly be present when not working. It has also encouraged me to devote time to being off the grid for an improved work/life balance.

3) Technology’s Rapid Pace

Fear of “the new” is not a luxury available to reporters. My parents often tell the story of how their first computers cost more than their first home in the ‘80s. Court reporters, in an effort to stay current and to continue to provide innovative services, constantly feel the pressure to be technologically savvy.

I have never heard my parents express fear about trying out a new product. If it helps court reporting to remain a viable career, they try it. I was exposed to technology constantly as a kid and loved helping out at the office, feeling a part of the family business. For me, having access to the latest and greatest computer programs allowed for creative tinkering with trial presentation software, editing photos, and converting videos much earlier than my peers. Likewise, their emphasis on the importance of continuing education has encouraged me to never stop learning.

4) Roles redefined

I have vivid memories of my mom in the ‘90s lugging her steno machine and that funny shaped paper into the house while wearing shoulder pads and power suits, coming home after a day of reporting and administering her all-women firm.

Court reporting has become a great vehicle for women to claim independence and own their own businesses. Once a male dominated career, today women have emerged as leaders in the field. Because of this shift, it has also been beneficial to witness the important and unique perspective my father brings to the table in a continually evolving, diverse workforce.

Finally, back to number 2 on the list, the need for constant flexibility also challenged traditional roles in the household. If one parent was called in to cover a trial and the Judge extended the day’s proceedings, the other parent cooked dinner or picked up the slack for chores. It was a daily juggling act but one that taught me not to be constrained by society’s stance on whose duties at home belonged to whom.

5) Relationship building and supporting colleagues

The professional relationships my parents have formed with both their clients and colleagues have inspired me to keep track of my connections. I’ve never heard them say a disparaging thing to our clients about their competitors. Competition makes you better, forces you to grow, and allows for companionship with others who can relate to what you’re going through. The network of reporters we have joined has become a vital asset to aiding in our advancement, and in turn we can reciprocate our knowledge and lessons learned.

Witnessing the way reporters give back to the profession, encourage students, and support fellow reporters has shown me that nurturing your profession can secure its success for future generations.

6) If walls could talk

Court reporters are privy to the intricacies of lawsuits and conversations held both on and off the record. “Keeping the record” is not a responsibility they take lightly. Carefully sealing exhibits, protecting a witness’s identity, refusing to comment on case details to the public or news, these are all attributes of an officer of the court who takes their job seriously.

In short, if you are into gossip and enjoy TMZ, this is probably not the job for you. The role of a reporter is to write while remaining impartial, to deliver a specific work product, and archive it properly. Attorneys appreciate your not sharing their case info with others as well.

This translates to any career where the stakes are high and it is important to hold your cards close. Discretion is something all professionals need to exercise, whether it’s a new product or shifting management.

In conclusion, if you’re on the fence about it, reconsider. If you are worried about the impact it will have on your kids, reconsider. For the reasons mentioned above, reconsider a career in court reporting. Your kids will thank you someday.

Katie Coulter
Trial technician and part owner (Power Presentations, LLC)
powerpresentations.org

Daughter of Coulter Reporting, LLC owners (Rick and Ellen Coulter)
coulterreporting.com

In Louisville, Ky. (Jefferson County) there has been an initiative to equip several courtrooms with state of the art hardware (funded by private donations/Jefferson County Upgrade Project). A local attorney, Patrick Michael, spearheaded the project and regularly provides certification classes through the Louisville Bar Association. The installation was made possible by Trinity Video Communications based here in Louisville. It is a fully functional digital courtroom system connecting multiple PCs, MacBooks, iPads and a document camera to three different displays.

We (Power Presentations, LLC) just finished up a three party trial using the new equipment. We added one extra element to the mix for our clients (an additional HDMI switcher so they could use a remote control to select input from iPad, MacBook, kill switch) before tying into the system. Overall, we had a very positive experience with the setup and look forward to future trials in the Trinity installed courtrooms.

When the program first rolled out, we were asked if we were concerned as trial techs about being “replaced.” The fact is that this fear mongering couldn’t be further from the truth. We have seen an increase in interest in our products and services since the implementation of the hardware. Not every trial necessitates a full time trial tech and in those cases, we are still being hired to create demonstratives, interactive timelines, and printed boards. We also continue to build digitized exhibit databases and sync/edit video.

http://www.trinityvideo.net/digital-courtroom-future-kba-conference/

Katie Coulter
Power Presentations/
Coulter Reporting
101 East Kentucky
Louisville, Kentucky 40203
www.powerpresentations.org