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THE DEPOSITION REPORTER, Fall 2009, page 4Seemingly Disruptive Forcesby Eric Evans,President of Bryan CollegeIt is awonder ful time to beengaged in the rewardingtask of training tomorrow’sreporters. We meet hundreds of bright individuals everyday with one simple dream --- to work in the reportingindustry. The desire to excel in this unique field ofexpertise burns deeply in many Americans across theUnited States. Enrollments are at an all time high andspeed classes are being passed at an ever increasing rate ofprogression. More and more bright, capable individualsare graduating and passing the CSR/RPR. It is ironicthat these wonderful pieces of news come amidst eversurfacing fears of schools closing, low CSR pass rates andelectronic reporting considerations. I stand among youtoday (figuratively) to attest that the field of reportingand the educational institutions that feed reporting arealive and well; in fact, stronger than ever. That beingsaid, there are some “seemingly disruptive forces” that,if not properly managed, may wreak havoc in the lives ofstudents, educators and the profession in general. We’vecategorized these forces into three groups consisting of: Technological Lightning – the exciting,powerful, useful, life-giving, destructive force oftechnology. Contribution Power – the ever desiredjob well done, exceeded expectations, or isirreplaceable contribution to the job force. Historical Inertia – the valuable, integral,resistant force of lessons from the past that eitherspringboards the other two forces forward or triesto counteract and destroy the other two forces.These three forces continue to enhance or shock thecurrent educational landscape.Technological LightningInnovation strikes daily, perhaps hourly all acrossthe world. We have realtime machines, online datasharing, the internet, online libraries, realtimewriting, and the list goes on. Most of the timethese innovations can be harnessed to enhancewhat we already know or can shock us into hidingin attempts to weather a never-ending storm.We’ve decided to embrace technology in effortsto speed up the time it takes to produce a greatreporter as well as to break down the geographicalbarriers that used to prevent more students fromentering the profession. In today’s classroom,students receive live four-voice dictation withreadback while sitting at home across the UnitedStates. Students have virtual mentors that simulatereporting while providing realtime feedback onmistakes made while simultaneously providedprescribed corrective action plans. Facultycoach and train in a student-centered learningenvironment focused on individual achievementwhile maintaining educational integrity and rigor.Virtual classes gather students and great facultymembers together from around the world toshare and learn live with synchronous video andaudio that nearly replicate the brick and mortalclassroom. Students embrace computers andthrive off achieving realtime and are riding thetechnological lightning storm to a heightenedlevel of professionalism and competency.Contribution PowerEmployers, lawyers, judges and co-workersdemand the very best. In fact, when highlevels of contribution are felt, the reporterbecomes irreplaceable. To produce irreplaceablereporters, we focus on high quality output in atimely and efficient manner or, in other words,realtime writing. We accomplish this by havingstudents embrace realtime writing, cat softwareand legal software from the first day of class allthe way through gradation. Students need to betechnologically savvy and need to produce anexceptional work product.Historical InertiaThis force is one of the most valuable butdestructive forces that we deal with as educators.We have regulations that ensure integrity but alsoinadvertently slow progress, innovation and access.We have lecture-based learning models thatdon’t always ensure every student is successfully.Students today are eager to experience, not justmemorize. We’ve taken the great lessons of thepast that focus on practice and dedication andIntegrity, Leadership, Educationcont’d on page 5

THE DEPOSITION REPORTER, Fall 2009, page 5Seemingly Disruptive Forces - cont’d from page 4have combined them with innovation to simulateand replicate the work environment. Our studentcentered learning models help visual, auditoryand kinesnethic learners individually succeed nomatter where they might live.If you have any interest in entering the teachingprofession or would like to get more information onparticipating on our advisory board, mentoring students,guest speaking, hiring graduates, or donating oldequipment, please contact me directly by phone 213-4848850 or email at:In summary, we are indeed in a great time of life whenso many opportunities exist to harness seemingly disruptiveforces to springboard education and the reporting industryforward. I can’t wait to see what storms strike ahead.eevans@bryancollege.edulReturn to FRONT PAGEFebruary 19-21, 2010 – Hilton Hotel, Concord, CADRA ANNUAL ConventionFriday Night Cocktail Reception, Sit-down Saturday Breakfast Meeting &DSA Luncheon, afternoon breaks & Sunday breakfast! Using Facebook & Twitter to MarketYourself and Grow Your Business Mastering MS Word 2007 How to Tackle Ethical Situationsand Look Like a Genius 8 Steps to a Pain-Free Back Where Did All the Depos Go? Tools of the Trade: The CoolestGear & Gadgets Eliminate Debt and Regain YourFreedom Webstreaming Realtime Wireless Realtime Realtime Troubleshooting Clinic CAT Training Sessions Home Office for the Business of LifeDon’t miss New York Times best-selling author and former FBI profiler John Douglas as he takes usinside the FBI’s elite Serial Crime Unit. Become one of the few and stay competitive by passing the CCRRExamination. Hang out with friends and have fun at Saturday Night Movie Night, and after a busy weekend,get the kinks out at Sunday Morning Yoga!Register before December 31, 2009, and the whole weekend, 2.2 credits (more than most weekendconventions), and social events are ONLY 329.WATCH FOR YOUR CONVENTION BROCHUREIntegrity, Leadership, Education

THE DEPOSITION REPORTER, Fall 2009, page 6Bravo to new DRA Members for getting involvedin your profession(or soon-to-be profession!!!)Vania Agojian Sharyn Bamber Joanne Beall Karen Buchanan Margaret Canpanile Amy Caufield Christine Chan Pamela Cook Christina Cornelius Jocelyn Epperson Olivia Ford Kay Hamann Derek Hoagland Jamie Hopp Yvonne Hutchens Jean Kim Cody Knacke Karina Kunce Jennie Kyne Marianne Marra Steve Matthews Lisa McCabe Eileen Meisner Michele Morse Iris Newman Lisa Marie Parker Vanessa Reid Elida Reyes Jennifer Ruiz Diana Sasseen Barbara Shoemaker Gina Sommo Anita Whites Dorothy Wilcox Brandi Wilson Carol Worsdell Rebecca Yeh Burton York Jessica YoungNetworkingChecklistDEPARDY QUESTION:What independent contractor would accept work from and perform work for someone theyhad never worked for before without inquiring as to compensation?Answer:What is a deposition reporter.SEVEN QUICK QUESTIONS TO ASK:1. Page rate for original and one?2. Page rate for certified copy?3. Any other compensation? (hourly, per diem, appearance, etc.)4. How long after turning in transcript do I get paid on original and one copy?5. Rough draft page rate?6. Realtime page rate?7. Any special job details? (Special rates, billing/delivery requests)Note to independent contractor reporter: If the agency hesitates to answer any of the above,do not be surprised later if the assignment and/or the compensation is not what you thoughtit should be or what was represented to you.ALWAYS:E-mail your transcripts in or upload them on the agent’s repository and include this note:“This ASCII transcript is formatted to comply with California’s Minimum TranscriptFormat Standards (MTFS) — any reformatting done must comply with the MTFS or theagent will be solely liable for any citations and/or fines.”Integrity, Leadership, Education

THE DEPOSITION REPORTER, Fall 2009, page 7Student BBQ 2009DRA’sStudent Barbeque washeld on September 19th inSouthern California. Over80 students attended for an afternoon filled with food,fun, prizes, networking, and, most importantly, valuableinformation.The day started with a message from DRA PresidentJohn Squires. After an enjoyable lunch, presentations weregiven by a newly licensed reporter, a “veteran” reporter, anofficial, a CART provider, and an agency owner who eachspoke about their experiences in the court reporting field.A raffle, with the grand prize being a student version ofCase CATalyst, concluded the day.Thank you to all of our sponsors, donors, andcommittee members. Without you, we could not hold thisevent each year.A BIGBBQ THANK YOU TO:Abrams, Mah & Kahn Reporting Service Susan Campana Chase Deposition Services California Official Court Reporting Assn. (COCRA) Cynthia Dunbar Monet Duran Doucette & Assoc. Eames Court Reporters Inc. Robyn Eaton Sarah Foss Golding Court Reporters Joanne Hokyo Shelley Holmes Linda Kast Karen Kay Kramm & Assoc. Dianne Jones-Longaker Ludwig Klein Reporters & Video, Inc. Penny Nisotis Nogara Reporting Service Kathleen M. O’Neill Lindsay Pinkham Reporter’s Connection Inc. Karyn Rexhepi Riggs Reporting Services Robin E. Riviello Anastasia Swinkles Stenograph CorporationlReturn to FRONT PAGEIntegrity, Leadership, Education

THE DEPOSITION REPORTER, Fall 2009, page 8Text in the CityYou know what? I had just watched my training films, and itdawned on me that my form was awkward and dysfunctional.I needed a new style, a new way of winning .ARE REPORTERSATHLETES?Lisa Michaels, CSR,proves the case for a YESvote.TheI had heard of the tiny netbooks and how easy theywere to use. My research led me to the Asus Eeee 1004 10”monitor at a cost of just over 300. One pair of client eyeswatching my realtime feed for two days would wipe out thatdeficit in my wallet. 2 eyes x 2 days one new Asus.big pharmaceutical class action suitwas coming to town. The proofof service went on and on like theMarch of the Olympic athletes. This was my biggestassignment of the year.Needing easy and free realtime software, I loaded eachAsus with Bridge 2.0 from the Eclipse website. Within tenminutes my kitchen table looked like my laptop had givenbirth to two tiny, white offspring who were ready to run theconference room table 5K.I did my internet research. I googled the expertcardiologist. What presentations had he given? Whatpapers did he write that had gotten the most interest? Igoogled the case. What was the web saying and who wassaying it? My job dictionary was primed and ready to go.My briefs were slimmed down to one stroke, and my nailswere clipped until I looked like an anxiety-ridden WallStreet trader. I was in the warm-ups and stretching myhamstrings. Only three more days until I would ask thewitness to raise his right hand and hear the race starter’spistol pop.The office called and the job confirmed. I was totallyready and in the starting blocks.Suddenly, a tiny e-mail popped up in the corner of mycomputer screen. “The parties have requested realtime.”In that instant, my race had become a marathon. I wasgoing to need more Gatorade.Being someone who goes through laptops regularlyand keeps the old ones “just in case,” I decided to meetthis challenge on head-on and not let an attorney, at thelast minute, decline my realtime feed because it was ahassle or because his laptop was left at the office. The “justin cases” in the back of the closet would now live again.As I plugged in and turned on each laptop, theyone at a time reminded me why I closed them up andforgot about them. My Dell had a screen that slappedback onto the table. The HP had a down arrow key thathad disappeared. The Toshiba’s fan had frozen and thekeyboard would singe the inside of my wrists as I typed.That morning at 7:00 a.m., I left my garage. Eventhough the job wasn’t until 10:00 and the drive was only anhour, my nerves told me that I mustn’t delay; I must takemy place in line on the freeway slow march to L.A. I wouldarrive hours early, haul my luggage up to Suite 430, unload,unpack and hookup. When the crowd piled through thedoor with their bulky briefcases and redwells in hand, Iwould welcome them with my fancy technology and a smile.Just as I grabbed the ticket from the hospital parkingmachine and the gate opened, my cell phone rang. It was8:15 and the client had called to cancel. They were verysorry ; they had just found out the doctor was not availablethis morning. My marathon was cancelled not due to rain,earthquake or steroids. It was just another city day of beinga freelance reporter.We keep in top mental shape. We train hard and learnnew techniques. We compete every day with contracting,the L.A. stip and with incentive gift-giving. When we finallyget to open up and run the race, we have the ability todazzle the competition and our clients even if the race getspostponed. Are reporters athletes? You bet we are. Wehave the winning track record to prove it.lReturn to FRONT PAGENext DRA Board MeetingNovember 7, 2009, at Pulone & Stromberg in San Jose at 10:00 a.m.Integrity, Leadership, Education

THE DEPOSITION REPORTER, Fall 2009, page 9Electronic RecordingDo’s, Don’ts & NotesActualsuggestions from anarticle for lawyers onhow to best work withelectronic recording in the courtroom: “At counsel table there will be a bar on the microphoneto cut off what you and your client are saying toone another. However, it is important to rememberto speak in a whisper because the sensitivity of themicrophone on other counsel table could pick upwhat you are saying.”this system will certainly be beneficial as they arefamiliar with courtroom procedures and practices.”NOTE: Then where’s the cost savings ofhaving the electronic recording system ifyou need a court reporter to make sureit operates beneficially?) NOTE: So if they don’t hit the bar and don’twhisper, then what happens? Of course,lawyers will never forget to hit the baror whisper . . . no problem there. “SPEAK UP! There is no live court reporter to ask youto repeat something. If you want it in the transcript, it isyour responsibility to make sure you are audible. It willbe your own fault if your appellate case is lost becauseyour transcript is full of (INAUDIBLE) notations fromthe transcriber.”NOTE: Laughing out loud, laughing out loud,laughing out loud. “Bench conferences may be problematic until attorneysand judges learn exactly what will be recorded by eachmicrophone. Although the judge can mute his or hermicrophone, the “off the record” conference mightstill be picked up by the microphone on the clerk’sbench. However, having court reporters monitoring“Don’t talk over another attorney, and don’t letanother attorney talk over you. The judge shouldcontrol who speaks, but if he or she doesn’t, then youshould take the initiative. There is no live reporter toyell ‘one at a time!’”NOTE: Attorneys always appreciatetheir opposing counsel taking initiativein open court to correct their verbalpresentations. “Read-back of questions or answers is not efficient.If a read back is required, it will usually be done bythe control room to play back a portion. It is alsopossible to do a playback directly from the courtrooms;however, initially it be will done by the control room.It requires the judge to call the control room andrequest that the system administrator find the questionor answer. It is doubtful that many judges will allowa “read-back” for it involves a brief period of timein order to accomplish this task. So formulate yourquestions succinctly from the start.”All attorneys are succinct . . . no problemhere.lReturn to FRONT PAGEUSEFUL WEBSITESUploading/sharing/synching files with scopists/proofers/reporters: www.getdropbox.comSending large files: www.yousendit.comOnline business cards: www.vistaprint.comNetworking site: www.mylegal.comReporter-RecommendedDelivery Service: Deliver-It; Glendale, CA (818) 547-1125Netbooks (small laptops, aka “throwdowns”): Acer Aspire; HP MiniScanner: Scansnap S1500 (includes Adobe 9)Integrity, Leadership, Education

THE DEPOSITION REPORTER, Fall 2009, page 10Legislator FriendsEllen M. Corbett (D)Senator, District 10OnJune 22, 2009, the California SenateCommittee of Business, Professions,and Economic Development votedto keep the Court Reporters Board in its present form.Senator Ellen Corbett offered a substitute motion toretain the Court Reporters Board and the TranscriptReimbursement Fund, which passed by a 7-2 vote. Theinitial motion was to eliminate the Court Reporters Boarddue to California’s dire budget situation.Senator Ellen M. Corbett was elected to the Senatein 2006. A lawyer and civic activist, she is dedicatedto protecting the rights of consumers, encouragingeducational opportunities and protecting the environment.Senator Corbett has a long history of public servicein the district. She served as a city councilmember andwas the first woman elected mayor of San Leandro. Priorto that, she worked as an attorney, community collegeprofessor and civic activist.As chair of the Senate Judiciary Committee, SenatorCorbett works to make sure our laws are fair and effective.Any legislation affecting court reporters must go throughthis committee.A native Californian, Sen. Corbett attended localschools in the East Bay, including Chabot CommunityCollege and California State University, Hayward. Shegraduated from the University of California, Davis andMcGeorge Law School. Prior to her legislative career, Sen.Corbett practiced civil law.Sen. Corbett lives in San Leandro with her teenagedson.Take time TODAY and write Senator Corbett a thankyou note for helping to save the Court Reporters Board ofCalifornia this year:Senator Ellen CorbettState Capitol, Room 5108Sacramento, CA 94248-0001lReturn to FRONT PAGEReporting Quote to memorize: “Free is not a business model.”Integrity, Leadership, Education

THE DEPOSITION REPORTER, Fall 2009, page 11Toni Pulone’sDepo DiplomatDear Depo Diplomat:A reporter called me from her deposition this morning wherethe witness wanted to tape record his depo, and all the attorneyswere waiting for her to tell them whether he was allowed to dothat. I told her I’d check the Code and let her know. I don’tknow whether the witness is a party, and it wasn’t until I foundthe Code section that I realized that was a significant issue. Soare nonparties allowed to record a depo?Dear Reporter:Taken literally, no, the Code of Civil Procedure(“CCP”) makes no provision for a nonparty to record adeposition. There is, however, specific language allowingfor a party to record a depo, under certain conditions, sothe question of whether the deponent at this depo was aparty or not is, indeed, a significant one. And I’ll includehere the relevant Code language for your reference.2025.330.(c) The party noticing the deposition mayalso record the testimony by audio or videotechnology if the notice of deposition stated anintention also to record the testimony by eitherof those methods, or if all the parties agree thatthe testimony may also be recorded by either ofthose methods. Any other party, at that party’sexpense, may make an audio or video recordof the deposition, provided that the otherparty promptly, and in no event less than threecalendar days before the date for which thedeposition is scheduled, serves a written notice ofthis intention to make an audio or video record ofthe deposition testimony on the party or attorneywho noticed the deposition, on all other partiesor attorneys on whom the deposition noticewas served under Section 2025.240, and on anydeponent whose attendance is being compelledby a deposition subpoena under Chapter 6(commencing with Section 2020.010). If thisnotice is given three calendar days before thedeposition date, it shall be made by personalservice under Section 1011.Now the fact that this language specifically refers to“any other party,” with no reference to a nonparty wouldmean that a nonparty, even a deponent, is excluded fromthe right to audio or videotape the depo. But the realityin most cases is that as long as no one at the depo objects,the parties would probably allow the witness to record it.In this case, since the attorneys seemed to be dependingon the reporter for an answer on how to handle this, shecould tell them that no one other than a party is allowedto record a depo, and also that even a party must providetimely notice -- at least three calendar days prior to thedepo – of the intention to record, and if that notice didn’toccur, then taping is not allowed per the Code. Now couldthey stipulate to letting either a party or nonparty do sowithout a notice? I would assume so, just as they presumethey can stipulate away most other CCP requirements.But if this ever happens again to this reporter where she’sasked to make the call about whether someone can taperecord a depo, she can reference this Code section and tellthe attorneys that it’s not allowed unless done this way bya party to the action and not allowed at all by a nonparty.And there are also clear instructions on how any tapeor video recording is to be stored, maintained, and madeavailable for review as is set out in CCP 2025.510, as follows:(f) At the request of any other party to the action,including a party who did not

Reallegal E-transcript (www.reallegal.com) Pros: Used widely and for the longest time of all transcript softwares available. E-transcript manager provides many options for managing/formatting transcripts. E-transcript manager allows corrections to be made by agencies to transcripts within manager software. Cons: