2007 Mid-Year Conference FCR Online

Transcription

FCR2007 Mid-Year ConferenceOnlineOFFICIAL PUBLICATION OF THE FLORIDA COURT REPORTERS ASSOCIATIONAPRIL/MAY/JUNE kopthe SJune 15-17, 2007 Marco Island Marriott Resort & Spa Marco Island, Florida

Case CATalyst Version 7works the way you do!1234Reprogram your security device today atwww.stenograph.com/reprogramFree to everyone withan active support agreement!For more information, call(800) 228-2339 x 7300[1] Updated icons make it easier to see thefunction you want when you need it.[2] Color-coded file tabs help you see the typeof files that are open.[3] Float or dock your color-coded speaker list;you can set it to autohide or not show it at all.[4] Display vertical notes in the font of yourchoice.You can auto-hide them to unclutter yourdisplay and simply point to them when you needthem.You can define directly from your notes.Stenograph 1500 Bishop Court Mount Prospect, IL 60056 www.stenograph.com (800) 228-2339

FCRFCRA OFFICERS& DIRECTORSPresidentCatherine J. Phillips, RMR, CMRS, FPRAccurate Reporting & Video Service, Inc814 E Silver Springs Blvd, Ste A Ocala, FL 34470-6764W: 352-368-2545 FAX: 352-368-2562cjphillips111@aol.comPresident ElectWesley Thomas Hughes, RDR, CRR, FPR581 NW 75th Ave Plantation, FL 33317W: 954-816-6595 FAX: 954-792-8433thughesrdr@bellsouth.netVice PresidentJennifer Gaul, CMRS, FPRUS Legal Support/Klein, Bury3130 NE 190 St #102 Aventura, FL 33180W: 305-373-8404 FAX: a Narup, RPR, FPR725 Hunt Club Trail Port Orange, FL 32127W: 386-679-0970 FAX: 386-756-3175snarup@bellsouth.netTreasurerSusan D. Wasilewski, RPR, CRR, CMRS, FPRWasilewski Court Reporting, LLC1701 South Florida Avenue Lakeland, FL 33803W: 863-686-9898, Cell: 863-698-8831, FAX: 863-686-9797sdwrpr@aol.comNorthern DirectorSusan Shelling, RPR, CSR (NY), FPRConsor & Assoc Reporting and Transcription9087 Terni Ln Boynton Beach, FL 33437W: 561-682-0905 FAX: 561-734-8244sueshelling@aol.comCentral DirectorBetty Sue Vincent, RDR, RPR, CRR, FPR, RMR5730 NW 67 Ct Gainesville, FL 32653Cell: 352-215-1140 bshoes2@aol.comSouthern DirectorTanya Ward English, RPR, CRR, CCPFlorida Realtime Reporting Services, Inc5571 SW 94 Ave Ft Lauderdale, FL 33328W: 954-767-6363, FAX: 954-680-0776tanya@floridarealtime.comDirectors at LargeRobin L. Merker, RPR, FPR62 W Palm Ave Lake Worth, FL 33467W: 561-968-4410, Cell: 561-309-6493, FAX: 561-967-8528rlmerker@bellsouth.netImmediate Past PresidentTeresa F. Durando, RPR, FPRDurando & Associates1350 River Reach Dr, Suite 318 Ft Lauderdale, FL 33315-1169W: 954-764-0919 FAX: 954-764-1299tdurando@bellsouth.netEditorLouise Pomar, RPR, FPRPO Box 787 Bunnell, FL 32110W: 386-586-2100 FAX: 386-586-2154LBP1958@aol.comExecutive DirectorTina Kautter, CAEFCRA Headquarters222 S. Westmonte Dr., #101 Altamonte Springs, FL 32714W: 407-774-7880 FAX: 407-774-6440tkautter@kmgnet.comApril/May/June 2007 FCR OnlineOnlineTable of ContentsDEPARTMENTSPresident’s Message. 4Editor’s Notes. 5Bulletin Board. 6Reporters Referral Network. 45ON THE NATIONAL SCENEThe Truth About ER and Reporting. 7Stenograph Announces the Release of Case CATalyst 8. 10ON THE STATE SCENEAnything You Can Do, I Can Do Better. 11CART Services in Florida - FAQ. 12The Spelling Bee. 13Court is Not in Recess. 15Stenographer Jailed Over Unfinished Transcript. 16Court Reporters Caught Between Contempt and Not Getting Paid. 17Digital Recording Transforms Court Reporting Industry. 192nd DCA Opinion on Petition for Writ of Mandamus In Re: JamesMarion Moorman, et al, Petitioners vs. Janie Hatfield, et al, Respondents. 20ASSOCIATION BUSINESSBoot Camp 2007. 26FCRA Fundraising Drawing — Win an elan Mira A3 or Stentura Fusion. 26Pro Bono Program. 27Pro Bono Program Reporter Pledge Card. 28Pro Bono Program Reporter Assignment/Evaluation Form. 29EMDSA Nomination Form. 30Polk Businesswoman Honored. 31It’s Closer Than You Think!. 32NEW! New Member Profiles. 33Reporters in the Spotlight. 35Congratulations to April 2007 FPRs — You Did It!. 36Congratulations to FCRA’s Very Own Rick Greenspan,Thomas Hughes, and Rick Levy. 37ON THE JOBAsk Mr. Modem. 38Mr. Modem’s DME Sites of the Month. 38Ethics & Procedures Corner. 39Sleuthing the Net - Smile! You’re On Candid Camera!. 40FCRA WELCOMESWelcome New Members. 43Membership Application. 44Statements of fact, opinion, and all advertisements are made on the responsibility of the author or advertiser alone and do not implyan opinion or endorsement on the part of anyone connected with FCRA. Materials may not be reproduced without written permission.Address all correspondence concerning content of the magazine to the editor. All correspondence regarding membership and advertising should be sent to FCRA Headquarters Office, 222 S. Westmonte Dr., Ste. 101, Altamonte Springs, FL 32714. Phone 407-774-7880,Fax 407-774-6440, website: www.fcraonline.org.

Message from the PresidentBy Catherine J. Phillips, RMR, CMRS, FPR2006-2007 PresidentFCRA - For ThoseWho Capture theSpoken WordOn February 9th, Dave Wenhold, NCRA Director ofGovernment Relations, conducted a Strategic Planningmeeting with the Board of Directors. One of the thingswe discussed and realized we needed to accomplishwas a new Mission Statement. Our old Mission Statementwas too long and we needed one that better represented what FCRA stands for. “FCRA — For Those WhoCapture the Spoken Word” was the brainchild of RobinMerker, Director at Large, and adopted by the Board.We felt this Mission Statement truly represents all themembers of FCRA. We’re also working on some otherideas that came out of that Strategic Planning meetingand hope to implement those in the near future.During the last week of February, Susan Wasilewski,FCRA Treasurer, and I had the opportunity to attendNCRA Boot Camp in Washington, DC. Rick Greenspan,NCRA Director, and Nate Smith, NCRA GovernmentRelations Specialist, were also in attendance with usas we hit Capitol Hill lobbying for our cause. Be sureto read Susan’s article in this issue and see how wellour day went, as well as which celebrities we rode inelevators with.I also had the pleasure of representing FCRA at theNCRA Mid Year Conference in Vancouver, BC, March30 - April 1. Keynote speaker, John Alston, told us thatwork-life balance is about effectively managing thejuggling act between paid work and the other activitiesthat are important to people. He shared the five rulesthat he lives by: 1) life is a gift – don’t trash it; 2) yourgreatest gift is your mind; 3) consistently develop yourskills, then give them away. Don’t just keep them toyourself, share them with others; 4) be the most decentyou can be – be a good person; 5) never take peopleor time for granted.At the NCSA (National Committee of State Associations)seminar, the representatives from other states sharedthat we’re all dealing with similar issues: ER; repositoriesbeing used by attorneys who are uploading transcriptsto be shared/purchased, bypassing the reporter andcausing the loss of copy sales; and schools closing, just to name a few topics that were covered. The statesthat haven’t faced some of these issues as of yet realizethe need to be proactive with our profession insteadof reactive and trying to fix problems after they’vestarted.Another really informative seminar was the Constitution & Bylaws Committee sharing an example of thesoftware that could be utilized for the Direct MemberVoting process, should the DMV Bylaw amendment passin Dallas at the NCRA Annual Meeting. For those whoaren’t aware of what DMV involves, DMV will allow allactive participating members of NCRA the opportunityto vote online on amendments to Bylaws and the finaltwo candidates in a contested election, even if theyare unable to attend the Annual Business Meeting. Thismeans the vote will better reflect the wishes of more ofthe membership and not just the 50 to 75 voting members who actually attend the Annual Business Meeting.This is a really HOT topic within NCRA, so please tryto attend the NCRA Annual Meeting in Dallas, Texas,August 10 - 12.I’m really looking forward to our Mid-Year Conferencein Marco Island, June 15 -17. Jennifer Gaul is the Convention Chair and she has put together a great lineup.You’ll be sorry you missed this one if you do. We’vealso had requests for another FPR (Florida ProfessionalReporter) seminar at this conference, so there will beone on Friday, June 15. If you missed the one in April inOrlando, please sign up, seating is limited. Our Boardmeeting will be held on Thursday afternoon, June 14.I invite all who wish to attend. If you plan to attend, Iwould ask that you contact me beforehand so we havea good count for our Executive Director.It’s hard for me to believe that I have already completed more than half my term as president. It’s beenmy pleasure serving you thus far. Please feel free tocontact me (cjphillips111@aol.com) with any questions,comments or concerns you may have.See you in Marco Island!April/May/June 2007 FCR Online

Editor’s NotesBy Louise Pomar, RPR, FPR, FCR Online EditorOpening Our Eyesand Our Minds.Variety is defined as “something varying or differingfrom others of the same general kind; one of a number of things that are akin.” This issue of FCR On-Lineis designed to expose our membership to the varietyof methods being utilized in our great state to capturethe spoken word.There are articles on CART/Captioners, Voicewriters,Stenographic Court Reporters, and Digital Court Reporters. While some of us would like to stick our heads inthe sand and “pretend” other court reporting methodsdo not exist in our country, must less our beloved state,that is not reality. In order for us to see where we all fitinto the scheme of things, we must first educate our-FCR OnlineContributing Editorsselves about the differingmethods. As U.S. (Italianborn) physicist Enrico Fermi stated, “It is no good to tryto stop knowledge from going forward. Ignorance isnever better than knowledge.”So with an open mind and a thirst for knowledge, I inviteyou to turn the page and explore the variety of articlesthat will spread out before you. I believe you will thensee that all of our unique methods of capturing the spoken word do make us all of the same general kind.FCR OnlineDeadline Dates(Fall) Aug/Sept/Oct. July 5, 2008Chris Ales, Voicewriter/CaptionerPublication Date. Aug. 12, 2008Tanya Ward English, RPR, CRR, CCP, CBC(Winter) Nov/Dec/Jan.Oct. 5, 2007Jennifer Gaul, CMRS, FPRGayl Hardeman, RDR, CRR, CCP, FAPRPublication Date. Nov. 12, 2007(Spring) Feb/Mar/Apr. Jan. 5, 2008Publication Date.Feb. 12, 2008Richard A. Sherman (Ask Mr.Modem)Susan Wasilewski, RPR, CRR, CCP, CMRS, FPR(Summer) May/June/July. April 5, 2008Publication Date.May 12, 2008April/May/June 2007 FCR Online

Association Bulletin BoardAdvertising Special Contract to advertise in 8 issues (2years) of this magazine and get aspecial 15% discount on top of ourlow rates! Call FCRA Headquarterstoday at 407-774-7880.MARK YOUR CALENDAR!FCRA Mid-Year ConventionMarriott Marco IslandJune 15-17, 2007Order Your Florida ManualStay up to date on Florida Rulesand Procedures. Call FCRA Headquarters at 407-774-7880 to order your newly revised FloridaManual.Just 35.00!FLORIDA MANUAL UPDATES!NOW AVAILABLE ON CD!!!Call FCRA Headquartersat 407-774-7880.FCRA I NTBU LLERDBOA Needful PeopleNeed a job? Need areporter? Contact Placement Chairman SandiNargiz at 850-878-2221 orfax: 850-878-2254 or email:snargiz@comcast.netAddress ChangesADDRESS CHANGED?PHONE NUMBER CHANGED?Fax your changes to Headquarters at 407-774-6440 as soon aspossible!WANTED!Your stories to share with otherreporters. Submit an article andreceive .15 CEU points ifpublished in FCR Online. Emailyour story to lbp1958@aol.comGET YOUR MEMBERSHIPDIRECTORY ON DISK!FCRA now offers the Membership Directory on a CD for only 10! Contact FCRA Headquartersfor more information at 407-7747880.Stenograph SpecialWatch the FCRA Websitefor Updates!www.fcraonline.orgWEB SITE SPONSORSWANTEDCall RickGreenspan at954-340-2557 fordetails. Get last line pricing with Stenograph supplies as a memberof FCRA and FCRA receives arebate.DON’T MISS E-FLASHES!Be sure your email address is current.Call FCRA Headquarters and givethem your email address today (407774-7880) or email your changes towbryant@kmgnet.com (use FCRA inthe subject line).ARE YOU MOVING? CHANGING A PHONE NUMBER?CHANGING A FAX NUMBER? CHANGING ORGETTING AN EMAIL ADDRESS?If so, let FCRA Headquarters know right away. Simply fax 407-774-6440today to make any necessary changes to the information we haveon file for you!April/May/June 2007 FCR Online

On the National SceneOn the National Scene Reprinted from the January 2007 edition of the Journalof Court ReportingThe Truth about ER and ReportingAs digital recording enters the freelance market, courtreporters need to learn about this service, as well asthe advantages court reporters bring to a deposition.By William E. WeberKnowledge leads to victory; ignorance results indefeat.In the stenographic reporting world, the topic ofelectrical recording is very powerful. It evokes manyresponses (and some of those are knee-jerk responses)from us. I have been a reporter since 1974 and spenttwo years before that in school learning the stenomachine. Ever since my first day of school, I havebeen confronted with the question, “Are you going tobe replaced by recording?” Well, it is 2007, and I’mstill writing on my machine. Oh, court reporting haschanged, and it has changed a lot. I hope it continuesto change.THE BIG QUESTIONBecause of my technical skill and the base of knowledgeI have acquired through years of experience andcontinued education, I see myself as a reporter. I donot define myself solely by the machine. My brainenables me to be what I am and what I always willbe. However, when asked the question, “What doyou do?” I always respond, “I’m a court reporter.”And when the questioner seeks clarification by saying,“Oh, with that little machine,” and gesturing with theirfingers, I always proudly reply in the affirmative. Thenext statement typically is: “That must be a fascinatingjob.” I’ll say, “Yes, it is, most of the time.”And then — here comes the big question — “So, doyou think you will be replaced with technology?”Unfortunately, here is where most of us fall into a trap.We’ll answer, “Well, I don’t think so — court reportersare the independent and impartial people — a livecourt reporter — as opposed to a dead one — willalways — I don’t think technology will replace usbecause —”Stop, please!You’ve just confirmed what the questioner alwaysthought. You come across like a stagecoach driverbeing replaced by those fancy new horseless carriagesthat make all the noise. We appear to be out-datedprotectionists soon to be rolled over by the future. Ifwe continue in this way, someone will need to get aspatula to scrape us off the road.Here is the argument I hate the most, because it’s astupid argument: “Sure, those tape recorders can getit down on tape, and that tape can be transcribed.However, they have no skill, and any monkey cando that job.” Oh, my, you’ve just made a terribleadmission. You have just admitted that you can bereplaced by a person with less skill, training, andeducation, who can do basically the same thing youdo: create a record. Let me tell you something: Whenyou can be replaced by a lesser skilled individual atlower pay who delivers the same product at the endof the day, you are in big trouble.DIGITAL RECORDINGEverybody depressed? Don’t be. Let’s take an honestlook at the current state of the technology we like tocall ER and where it might go. Remember, only if youpossess knowledge can you remain competitive.Please take note I am not suggesting that you justifyyour position. You can do that all day. When all issaid and done, the real question should be, “Am Icompetitive?”First off, let’s get it straight. It is no longer taperecording. Tapes are like manual steno machines — athing of the past. Today, it is digital recording, andthis beast comes with some pretty impressive features.Some of you have been smart enough to use it toyour “competitive” advantage, whether in editing oreven selling the product. A company I once workedfor employs what are called digital reporters.Now just what is a digital reporter? Well, for one thing,a digital reporter is not Satan in a human body. Digitalreporters are just people. Some of them are quite welleducated and pretty smart — and they do acquireskills. Their skills are just different than ours. Some skillsContinued on page 8April/May/June 2007 FCR Online

On the National SceneOn the National Scene Continued from page 7overlap, such as customer service, knowing howto get work out, and making sure the quality of theproduct is useful. Further, a competent digital reporteris necessary to use the digital reporting systems nowavailable, so the human element remains.At times, our belief is that a digital reporter simply turnsthe machine on and reads a book until the hearingis over. This is not true. As a matter of fact, when acourthouse employs people who do simply turn on arecorder, you should competitively kick their backsides.Some vendors even suggest that one person monitortwo, three, or four courtro

Susan D. Wasilewski, RPR, CRR, CMRS, FPR Wasilewski Court Reporting, LLC 1701 South Florida Avenue Lakeland, FL 33803 W: 863-686-9898, Cell: 863-698-8831, FAX: 863-686-9797 sdwrpr@aol.com Northern Director Susan Shelling, RPR, CSR (NY), FPR Consor & Assoc Reporting