What is a Legal Transcript?
Legal transcripts are the textual records of oral and other testimony in legal proceedings. Or, more simply, a legal transcription refers to a written or text version of these oral communications.
Every legal proceeding, whether it be a deposition, a trial, or a proceeding before an administrative law judge, will produce a legal transcript. In the case of a deployment, the legal transcript will include a number of factors, including the following.
The one unnamed entry in this list is that of the court reporter, also known as the stenographer. This person is the seasoned professional who produces the transcript. Stenographers will often use computer aided transcription software, also known as CAT software.
Stenographers – or the process of transcription itself – are not just an afterthought. Legal transcripts, for instance, play a crucial role in the course of a lawsuit. When an objection is made during a given hearing , the court reporter will note the objection and the ruling of the judge in the margin of the transcript. As a result, courts and attorneys can reference the language of the transcripts when issuing their rulings. When it comes to subpoenas, interrogatories, and other demands for document production, the text of the transcripts is pivotal.
Given its role in the litigation process, directives, documents, and other evidence may be analyzed for appropriateness of the order (i.e., did you have any idea what you were talking about when you violated the order by not providing this copy of the transcript?). As such, legal transcripts are not just mercurial accounts of what transpired during a given hearing. They are better described as permanent records of what happened during a given legal proceeding, and they are a key source of information for both judges and attorneys alike.
The Key Elements of a Legal Transcript
A legal transcript includes transcripts of documents presented in court, oral testimonies and depositions made under oath, and are submitted as part of the record for the judge and the appellate court, if necessary. After a case has been completed, attorneys request a transcript to refer back to during an appeal or for any documents they may have missed. Legal transcripts contain various elements that include:
Timestamps. Timestamps anchor the text to a specific moment in a hearing or deposition to let readers know what was being said at that particular time. For instance, if two questions are asked at the same time, a timestamp will indicate the question response that came first.
Speaker identification. Throughout the course of the proceedings, different speakers called for questioning must be identified. In general, the last name of the person speaking is followed by a comma and the question he or she is asking for a proper identification.
Verbatim dialogue. The responses of those speaking under oath will be written verbatim with no changes to the context, grammar, or tone. Everything needs to be word-for-word exactly as it was spoken in the courtroom or during depositions. This is a legal requirement of the law court to submit a professional and accurate transcript of the proceedings.
This transcription process is an ongoing process where the speech is simultaneously transcribed word for word as the proceeding is taking place. A good court reporter can listen to a witness or attorney being questioned and, while the court reporter listens to the questions and answers, he or she views and types out the text that is being spoken into transcript format, word-for-word.
A legal transcript is usually organized by line numbers with speaker identification, timestamps, and responses carefully organized, creating a readable copy of the proceedings for all legal parties involved and others who access the court records. Some other components that are included in a legal transcript include:
Index of proceedings. All hearings, depositions, and other legal proceedings that are contained in the transcript are indexed with page references.
Index of witnesses. The index of witnesses is a list of all speaking witnesses who were questioned as part of the proceedings.
Exhibits index. When evidence is presented at a hearing or court session, the court reporter includes the document in the exhibits index, transcribing the document word-for-word.
How Legal Transcripts are Used
Transcripts are not only used for court hearings and trials. They are also useful for a variety of other purposes such as appeals and legal research.
Appeals. Most criminal and civil rules require an appellant to include a transcript of the trial or hearing in the record on appeal. By transcribing and reviewing the entire proceeding, an attorney can identify the best issues to raise in an appellate brief. And for recent changes in the Illinois rules, which require a table of authorities, it is also important to review the transcripts to ensure that all citations to law are included.
Legal Research. With time and money so scarce, legal researchers can save substantially by being able to access transcripts by searching for key terms. Researchers can use a database like Westlaw or Pacermd.net to search by date or by specific magistrate’s name to find a precise hearing. This can be especially useful for pro bono lawyers who need to focus their limited research to the facts and issues of their particular case.
Steps in Creating a Legal Transcript
1. Review the Legal Document
Before transcribing, read through the entire legal document carefully. Familiarize yourself with legal terminology, the context of the proceedings, and the names of the parties involved. If needed, research specific legal phrases or concepts that you may not fully understand.
2. Choose the Right Tools
To create an accurate and comprehensive legal transcript, you will need a computer with a word processing program (like Microsoft Word), and a reliable audio recorder and headphones. It’s also beneficial to have legal transcription software that can improve the transcription process or professional transcription services on hand in case technology fails.
3. Set Up Your Workspace
Find a quiet, uninterrupted workspace that is comfortable and free of distractions. Choose a quiet time to transcribe, allowing you to concentrate fully on your task at hand.
4. Listen Carefully and Transcribe
Start the recording and begin typing what you hear. Use the pause and rewind buttons frequently to capture every single word spoken. Use a combination of the number pad and the function keys to navigate the audio controls easily. Use appropriate formatting conventions for legal transcripts, such as line numbering, speaker identification, and time-stamping.
5. Spellcheck and Proofread
Once you’ve completed the transcription, use the spellcheck tool on your word processing software, and then proofread the document thoroughly. Look for typos, grammatical errors, and any formatting issues. Ensure that the formatting is consistent throughout the document.
6. Save and Format the Transcript
Once you are satisfied with the final product, save the transcript in the required format. Depending on the request, this may be an electronic or hard copy of the transcript. Confirm that the format you have chosen is compatible with legal standards.
7. Certificate of Accuracy
Finally, at the end of the transcript you will need to write a certificate of accuracy that includes your name and title, the date of transcription, and the location of the transcription. This serves as a signed declaration that the transcript is true and accurate to the best of your knowledge.
Samples of Legal Transcripts
In this section, we’ll be looking at some snippets of transcripts so you can see how different court reporters format them and gain a better understanding of the process.
Stenotype is a special writing machine that is used by court reporters and legal transcriptionists to record everything that is said on the record as it happens. While different reporters will use their own style, they all follow the same basic principles and format. This is an example of a transcript:
<00:00:00>THE COURT REPORTER: The transcript for the videotape deposition of James Bond was taken on July 23, 2017, at approximately 3:07 p.m. at the offices of Shania Twain at 450 Beacon Street, Boston, Massachusetts; and the reporter is using machine shorthand.
<00:00:05>MS. WINFRED: Do you want the witness sworn?
<00:00:07>THE COURT REPORTER: Yes.
<00:00:08>MS. WINFRED: Okay. Let’s go on with the record. We are here in the case – excuse me, in the District Court for the State of Houston, County of Harris, Texas, on Monday, July 23, 2017, at 3:07 p.m. My name is Marie Winfred. I’m a court reporter certified by the State of Texas. We are here in the case of Diggs v. Thomson Reuters Corporation, Cause Number 752998. Would the record please note that this is the day and time and the parties to the case , and this is the deposition of James Bond. (Witness duly sworn.) (Transcript continues.)
<00:00:34>Here, the reporter states the date and time of the deposition, the parties involved in the case, and the reasons for recording it (the National Court Reporters Association® sets the standard for recording court documents, so anyone who is transcribing legal documents needs to accurately record the names of those involved). The transcript goes on to contain reports of the court reporter reading back any important statements that the lawyer may have missed at the recording stage. There are also affidavits, which are essentially transcripts that provide a written account of events that transpired in a meeting, trial, deposition, criminal proceeding, or anything else that took place online.
Deposition transcripts are some of the transcripts most people are familiar with, but there are many other types of legal transcripts. Whether you’re recording an appellate transcript, arbitration transcript, administrative hearing transcript, or something entirely different, the following example can help illustrate what you should expect from the end product when you need legal transcripts.
Common Issues with Legal Transcripts
Legal transcription requires more than simply knowing how to type fast while listening to an audio file. In today’s age, there should be no dispute that the legal profession is one that requires accuracy and precision.
It stands to reason then that the profession responsible for typing out legal documents would need to be accurate as well. Legal transcription is a complex task however that is often seen as simple or easy and this is where the problem lies.
One of the biggest problems faced by legal transcriptionists is page layout. A book filled with medical jargon requires different formatting than a document filled with conversations. It’s basic math really. There must always be a different number of lines between paragraphs, quotes, endnotes, etc. It is often too tempting to use the same formatting for all documents but this is a mistake that can have serious consequences. The text may be the same but court documents are vastly different from a psychiatrist report.
Another problem is field of practice. What’s simple for the next transcriptionist may be far more difficult to read for one who has only done real estate documents. Legal transcription companies typically break down their transcriptionists into smaller teams that are experts from different areas of law. It can be tempting to try to do it all especially if there’s a shortage of staff but this will result in a subpar product. It’s better to bite the bullet and search for the right staff than to risk delivering an incorrect document.
One issue that shouldn’t have to be discussed but is a still presence is piracy. Protect your work force. When hiring a legal transcription company look for one that does not condone piracy. It’s amazing that there are still people out there with such a blatant disregard for the law.
Follow these three tips to guarantee a good quality transcription.
Online Resources for Legal Transcripts
With the prevalence of digital audio and video recording technology in modern law offices it is no surprise to see a demand in online software designed to help with audio and video transcription. This new software continues to move beyond just playing a WAV file, but also including various other features such as speech recognition and proofing tools. Depending on the type of work you are performing for your clients, some of these online transcription solutions can provide you with valuable resources. There are online solutions available for transcribing interview recordings, court proceedings, dictations, and any other recordings and videos you may have.
There are three categories of transcription software: Here is a list of popular online transcription software: This list has been provided for informational purposes only and are not all-inclusive. We would love to hear feedback on the effectiveness of these software products for the transcription needs of a legal professional.
How to Ensure Accurate Legal Transcripts
Before any transcription is made, the audio, video or other recording must be reviewed to make sure that the format and quality are adequate. This is particularly important if the recording is of a witness being cross-examined. In that case, if the transcription is not correct, it could later be used in a court proceeding as evidence and the testimony of the witness would be in jeopardy. Strict guidelines must be followed when legal transcriptions are made.
Any transcription not only has to be accurate, it also must be specific. In the case of a witness, for example, getting a witness name wrong or even a single digit in the address he or she gives could have serious repercussions. The wording and terminology used in the document has to be absolutely accurate.
Legal documents can be very sensitive and must be transcribed with great detail . Every document has to be highly accurate in its content. If content requirements are not met or the style or professional outline of the document does not meet customer specifications, the document must be returned for approval. Legal transcribers follow strict guidelines to ensure the right number of lines per page, and they provide a title page according to the format provided by the buyer, etc.
Transcribers who do legal transcription are bound by strict confidentiality rules. The nature and content of legal documents are such that they cannot be shared or discussed with anyone outside the offices of the transcriber. Transcribers sign confidentiality agreements promising that no information related to any legal document will be disclosed under any circumstances.