FAQs: Digital Court Reporting and Verbit’s Role

For decades, courts and law firms around the US have been using digital court reporters to keep records of depositions and other proceedings. Still, there is often confusion surrounding the role of technology in court reporting and what it means for court reporting agencies to transition to a digital or hybrid model. 

Here are answers to FAQs about digital court reporting, as well as Verbit’s unique technology to assist legal professionals. 

FAQs: Digital Court Reporting 

Q: Why are court reporting agencies switching to digital court reporting?
A: The only real difference between “court reporting” and “digital court reporting” is the tools that court reporters use to complete an accurate transcript. There’s a notable personnel shortage in the US, with the number of stenographers dwindling as many retire. Few new stenographers are entering the field. More individuals are becoming digital court reporters, as they can complete the certification quicker. These professionals are well trained to cover proceedings and produce the necessary transcripts, thereby accounting for the industry’s personnel shortage.

COVID-19 also led to a spike in virtual legal proceedings. According to PwC research, approximately half of all future depositions will continue to be remote even when pandemic-related restrictions end. Digital reporting is well-suited to accommodate virtual and remote proceedings, leading to an increased demand for the service. 

Digital court reporting also offers faster turnaround times and significant cost savings for court reporting agencies. Small court reporting agencies that integrate a digital or hybrid model can compete with their larger competitors. Digital tools help them to grow their businesses, as they no longer need to scramble to find personnel coverage for proceedings and can simply take on more work that comes their way.

Q: Are the digital court reporters certified? If so, what is their certification?
A: Yes, there are certifications for digital court reporters. The primary certification is through the American Association of Electronic Reporters and Transcribers (AAERT). AAERT offers two certificates: Certified Electronic Court Reporter (CER) and Certified Electronic Transcriber (CET). The organization started these certificate programs in 1995. Many US courts consider them the leading certification. Courts in Canada and other countries are adopting this standard as well. 

Q: Who hires the digital court reporter? Is it the law firm or a court reporting agency?
A: In most cases, the court reporting agency hires a digital court reporter. 

Q: Do digital court reporters still take oaths, submit speakers, mark exhibits and perform the same duties as other court reporters?
A: Yes, digital court reporters are notaries and serve in the same role as other court reporters. They are trained in all of these duties. 

Q: If a real-time court reporter switches to digital or hybrid reporting, will that impact their pay?
A: Court reporters usually discuss their pay structure with the court reporting agency they’re working with. Each agency has its own policies for payment. Transcription partners like Verbit, which are enlisted to assist with digital reporting, do not influence individual agencies’ payment decisions.  

FAQs: Verbit’s Court Reporting Solution & Legal Transcription Process

 Q: What is Verbit’s Live Capture solution?
Live Capture is a solution for real-time digital court reporting. Verbit’s live transcription tool can be used for depositions and legal proceedings happening live and remote, offering a real-time transcript, generating immediate rough drafts and delivering final transcripts quickly. This real-time tool provides attorneys, legal agencies and court reporters with improved tracking and visibility, readbacks and playbacks during proceedings, research during breaks, 3rd party streaming options and the functionality needed for intimidation tactics when necessary. The solution works by combining Artificial Intelligence with Human Intelligence, as the technology is fact checked in real-time by professional transcribers.

Q: Does Verbit’s Live Deposition solution work when presented with audio featuring different accents, dialects and ‘quick talkers’?
A: Yes. Verbit’s solution is based on mature AI. It quickly learns and improves with each use, accommodating different speakers, even in challenging circumstances. The AI uses a linguistic model that can adapt based on the speakers’ accents, speech patterns and a glossary of industry-specific terms. In addition, since human transcribers provide an extra layer of editing and transcription support, Verbit offers clients a solution with top-tier accuracy.

Q: Can Verbit handle people talking over one another?
A: For top quality recordings, court reporters should remind attorneys not to talk over one another, which is true regardless of the court reporting method. 

Q: What is the longest session you have used Legal Capture to record?
A: Verbit can and is supporting depositions of any length.

Q: How long does it take to get a final edited transcript to the attorney?
A: Final edited transcripts can be delivered within 24 hours. The file length of the audio is a factor for the turnaround time, but files can be prioritized and rushed as needed. Immediate rough drafts are available for use within one hour of the proceeding, serving as helpful reference materials during proceedings themselves. 

Q: Do transcribers need to attend the deposition live and edit in the background?
A: Verbit is able to provide live transcriptionists for the proceeding or assist with transcription following the proceeding. If the transcriptionists are transcribing after the proceeding, they can work with audio or video recordings.  

Q: If someone is transcribing after the deposition, how do they identify the different speakers?
A: The digital court reporter will often provide Verbit with the Notice of Deposition, annotations log and court reporter worksheet, which helps put the participants into context. However, Verbit can also rely on the audio or video recording to identify the speakers. The technology differentiates the participants to make note of who is speaking. Providing Verbit with a “glossary” and the Notice of Deposition can help pre-train the technology to identify the names, locations, technical terms and other language that might be specific to the proceeding. The human transcriptionists will also review the transcript and speaker identification for accuracy. 

Q: How does Verbit certify the transcript? 
A: Verbit provides a solution for digital reporters for certified transcripts with cover pages, but the digital court reporter is typically the one who certifies the transcript. The assigned digital court reporter uses Verbit to assist them, but serves in the same official capacity as any other reporter. They just use different tools to perform their job.

When requested, Verbit can also provide a transcriber’s certification. In some cases, two certification pages (reporter + transcriptionist) can be provided. Through this method, the transcriber and the reporter will each sign a certification page. 

Q: When does Verbit add the “Q” and “A” symbols to a transcript? Can the proceeding participants see those live?
A: The “Q” and “A” will appear in real-time, following an initial delay of a few minutes while the technology ‘warms up.’ The technology acts quickly to learn and correctly identify the parties’ voices, while the professional human transcriber assigned helps to format the real-time transcript and indicate the necessary symbols.

Verbit also includes an introduction, which lists the appearances. It notes the following in the transcript:  

• Examination markings 

• Swear-ins 

• Objections 

• On/off the record 

• Exhibits 

• Readbacks and playbacks 

Q: How is the final transcript formatted?
A: Verbit can format the transcript to the client’s requirements. The platform is flexible and can be customized to meet specific formatting needs. 

Q: How does Verbit accommodate the security and privacy concerns related to legal proceedings?
A: Verbit’s leaders considered the legal industry’s specific privacy needs when developing its technology. As a result, Verbit is HIPAA, SOC 2, HECVAT, VPAT and GDPR compliant. It maintains industry security standards. 

Q: How can digital court reporters benefit from Verbit?
A: Verbit offers a multitude of benefits for digital court reporters and others, including the attending lawyers: 

• The ability to offer real-time playbacks and readbacks 

• Searchable transcripts formatted to client specifications 

• Searchable audio files 

• Attorneys can access, review and refer to the transcript during breaks 

• Rough drafts within one hour, final transcripts can be requested within 24 hours 

• 99%+ accuracy 

 Verbit’s technology is available for use at all times and can help meet the growing demands of the legal market. It’s helping CRAs account for personnel shortages, so they do not miss out on opportunities to expand their businesses. 

Q: Will my clients know if I am using Verbit?
A: Verbit is able to white label its services. Agencies and legal professionals can then make the decision on their own whether or not to inform them of Verbit’s backend support.

Q: How much does it cost to incorporate Verbit into my work?
A: Verbit offers different pricing structures to each customer, which depend on volume, degree of customization and products used. For case-specific information, fill out this form here.