The Dangers of Relying on Recorders – Should have used a Court Reporter

March 8th, 2012

Posted by David Reevely

http://blogs.ottawacitizen.com/2012/03/06/mic-check/

City hall’s having problems with the microphone system in its main committee room, the Champlain Room in the heritage wing. Councillors and public presenters push the buttons to turn them on but, a surprising amount of the time, nothing happens.

This is a major annoyance for people trying to listen to the meetings on the live webcasts and also for broadcast reporters, who plug into the room’s sound system to get audio for their news reports. It’s a bigger problem, though, because the audio recordings are what the city now has instead of minutes of meetings. If they’re not recorded, there’s no longer any formal record of what happened besides the yeas and nays on particular items, and no account at all of why it happened.

This didn’t bother Mayor Jim Watson at a meeting of the city council finance committee he chairs today. A couple of frantic broadcast reporters made freaked-out sounds when speakers decided the hell with the failing microphones, they were just going to keep going; Watson interjected to say he was sorry for their problems, but we have a meeting to get through.

The thing is, when this happened at a planning committee last, week, the city’s top planning lawyer, Tim Marc, interjected to stop the meeting, warning councillors not to debate if it wasn’t being recorded. Everyone sat silently while technicians struggled to get the microphones working again. Marc’s boss, city solicitor Rick O’Connor, was at today’s finance committee meeting and raised no such objections, so a bunch of questions and answers weren’t recorded, or only one side of them was. I don’t know whether, in decades to come, someone is going to pore over the committee meetings of 2012 to assess how Ottawa’s light-rail system came to be built, but if they try, they’re out of luck. My tweets will be the closest thing to a full record, which is alarming.

Councillor Rick Chiarelli today suggested Marc’s panicked instructions to halt the meeting was because of the serious danger of Ontario Municipal Board appeals of planning committee decisions; the recordings might really be needed when it comes time to explain the will of council to the appeals board. The same could theoretically happen to a finance committee decision but it’s much less likely. “These are old Nepean microphones,” Chiarelli joked. “So they’re debt-free.”

So maybe that means the city can afford to buy new ones now. In the meantime, Wednesday’s meeting of the transportation committee has been moved into the council chamber, where the microphones still seem to work.

On Being a Commercial Arbitrator: Lessons Learned – Earl Cherniak

February 24th, 2012

Earl Cherniak was last night’s Arbitrator of the Month at ASAP and we had an exceptional turnout at the event. Earl (he insists we call him Earl, not Mr. Cherniak) spoke about his experience in commercial arbitration and the lessons he has learned throughout the years; “lessons learned the hard way”. Highlights of the evening included Earl’s humorous insight into becoming a commercial arbitrator while insisting on maintaining his day job as counsel. While Earl provided the intimate group with some valuable tips regarding the initial phase of arbitration, the retainer, the importance of conflict checks, etc., it is Earl’s personal stories on a variety of topics which captivated the audience. This resulted in an engaging Q&A session, which ultimately led to the conclusion that every good arbitration retainer must have an excellent cancellation fees’ clause!

The evening was a smashing success and our appreciation goes out to Earl for his informative and witty outlook on commercial arbitration. His paper is available through the following link: On Being a Commercial Arbitrator Lessons Learned by Earl Cherniak

We look forward to seeing you all next month when ASAP features Brian Casey as Arbitrator of the Month.

 

 

ASAP Presents 4 Local Toronto Artists

February 16th, 2012

ASAP Reporting Services hosted its second gallery event in a series promoting local artists in Toronto last night. A special thank you goes out to Le Gallery, Wil Kucey and Randy Gladman who helped curate the art on display. Artists present Wednesday night included Tristram Lansdowne, Scott Waters, David Trautrimas and Tom Ngo. The artists are bound by their mutual interest in exploring the manmade environment in a variety of mediums. ASAP is pleased to promote the work of these talented artists and we are proud to have their art on display in our state-of-the-art facility.

 

This collection will be on display until May 2012 at our Bay Adelaide facility. Anyone interested in viewing is welcome to contact us for a private showing at events@asapreportingservices.com

 

For further information on these artists, please visit Le Gallery

 

http://scottwaters.ca/

http://www.trautrimas.ca/art.html

http://www.tomngo.net/

http://tristramlansdowne.com/

John Judge – ASAP Arbitrator of the Month

January 28th, 2012

Another successful Arbitrator of the Month event at ASAP.  The wine and goodies were 5 star and  John Judge spoke about International Arbitration inToronto, which is a subject near and dear to our hearts.  Although we have challenges to overcome, we believe the arbitration community inTorontoneeds to come together.   As a group, we can show the world thatTorontohas great talent, friendly laws, an amazing centre and some of the world’s most respected arbitrators.  Not to mention the beautiful, multi cultural city ofToronto.  Why not hold your arbitration in Toronto???

Why doesn’t your LiveNote (realtime) connection connect…GRRR!!

January 5th, 2012

Originally posted by Michael Feldman May 3rd, 2011 DEPO Insider Blog 

I recently heard an attorney say, “The only problem with realtime is you miss it when you don’t have it.”  For those attorneys that swear by the benefits of realtime, and there are a lot of you out there, a common frustration is when your court reporter can’t successfully connect your LiveNote laptop to the realtime feed.  And guess what?  You’re not alone.

I have trained hundreds of attorneys in how to use LiveNote over the years, and a VERY common frustration I hear from them is that the court reporter couldn’t get the LiveNote connections to connect.  Often times, when the court reporter can’t get your laptop to connect, the court reporter will provide a laptop as a back-up, but that may not be ideal for you.  Or even worse, maybe the court reporter doesn’t have a spare laptop for you, so sorry, no realtime for you!

Why doesn’t your laptop connect?

Reason # 1: The court reporter is not properly trained to troubleshoot your incorrectly configured laptop

Reason # 2: The laptop you bring is not properly configured to effortlessly receive realtime

In other words, having an experienced realtime court reporter makes a HUGE difference as to whether or not your realtime connections will work.  But that is NOT the only reason.  And let’s face the facts: in a perfect world, you would ONLY work with your favorite and most trusted realtime reporters and your laptop would work every time…yeah, right.  But now back to reality for a moment: you frequently don’t have control over which court reporter will be working with you.  Therefore, I’ve compiled my top 5 tips below, covering the key things you can do to give yourself a fighting chance to have your laptop connect to realtime with consistency, regardless of who the court reporter is.

It is important to note that LiveNote is not the only software solution for realtime transcripts.  There are other alternatives including CaseViewNet and Bridge.  These days most realtime reporters will bring their own realtime laptops, often configured with CaseViewNet or Bridge.  In the event that your laptop will not connect, you can use one of these “loaner” laptops in place of your own LiveNote laptop.  These loaners work quite well, but the reality is that LiveNote is currently the realtime software that most law firms own, thus the software that you likely have loaded on your laptop.

Here’s what you can do to help your own cause:

Tip # 1 – First and foremost, get your laptop to the reporter at least 30 minutes before the deposition is scheduled to start.

These days, most realtime court reporters, given enough time, can troubleshoot most realtime connection issues.  So if you want your realtime connections to connect, do yourself a favor and get your laptop to the court reporter as early as possible, giving the court reporter ample time to correct any issues that might arise.  This is the most important tip and will save you a lot of frustration.

Tip # 2 – Let the court reporting agency know in advance that you want realtime.

This is especially important if you or your firm are not responsible for arranging for the court reporter.  For example, if you are defending and opposing counsel is responsible for ordering the court reporter, be sure that somehow the court reporting agency knows in advance that you want realtime.  This simple step will give the court reporting agency a head’s up that an experienced realtime reporter is required.  This makes a big difference.

Tip # 3 – Make sure your laptop is READY to receive realtime by doing each of the following:

- While this may seem obvious, check your laptop to be sure a working copy of LiveNote or another realtime application is installed on your laptop…seriously.

- If your laptop does not have a serial port (pictured below), ensure you have a working USB serial adapter. 

These days, many of the new lightweight laptops and net books do not have serial ports.  If your laptop does NOT have a serial port, your laptop will require a USB serial adapter to connect to the court reporter’s realtime feed ASSUMING the reporter is connecting using cables (aka serial connections).  The reason is because the cables that court reporters use to connect require your laptop to have a serial port.  The reality is that most court reporters do carry USB to serial adapters, BUT (and this is a BIG BUT), there are all sorts of compatibility issues with these USB serial adapters.  These issues include compatibility with your laptop, compatibility with your operating system, AND compatibility with the realtime software itself.  So if you don’t have a serial port on your laptop, your best bet is to bring a USB serial adapter that has already been properly configured to work on your laptop.  This simple step will prevent tons of problems.

- Ensure your laptop is ready to receive wireless realtime.

Another work-around to the serial port issue above is when the court reporter connects their realtime to your laptop wirelessly, which is a very cool way to go.  This great option is becoming more and more popular.  However, in order for wireless to work, most of the time the reporter will need to install a small piece of software on your laptop.  This is easily accomplished by the court reporter right before the job starts, ASSUMING your laptop is not locked-down by your IT department.  Locked-down laptops handcuff court reporters, making it nearly impossible for them to troubleshoot your laptop if there is no serial port and/or no working preinstalled USB serial adapter.  So, as a preemptive measure, click the link below (or forward the link to one of you IT/Litigation support professionals) and follow the prompts.  This will auto-install the necessary drivers onto your laptop that are most commonly used by most court reporters who use wireless realtime, enabling your laptop to receive wireless realtime, EVEN if your laptop is locked-down with administrative only rights.

http://www.stenocast.com/Drivers/StenoCastDriver_7.8.exe

- Make sure your laptop is NOT locked-down with administrative rights only.

Although not quite as good as coming with your own USB to serial adapter and wireless adapters installed, simply ensuring the court reporter will be able to install software makes a HUGE difference as long as you follow Tip # 1.  Alternatively, if your law firm IT/Litigation support department will not unlock your laptop, then forward them this blog so IT can install everything you need.

Admittedly, the next few tips are a bit techie and may require the geek squad.  I’ve tried to simplify the tech talk, but it is still a bit techie no matter how you look at it; sorry about that.  On the other hand, if you understand what I am saying below, you will rarely experience frustration from failed realtime connections because you will know what to do!

“Techie” Tip # 4 – Know how to determine which COM port your USB serial adapter is working on.

This can be done by checking the Windows device manager on your laptop, which can be found within the control panel.  Then, make sure this matches the COM port selected in the connection options screen of LiveNote when attempting to connect to a realtime session.   I understand that this may sound like Chinese to many reading this.  However, if you can have one of your IT literate friends explain what this means, you will know more about trouble-shooting realtime connections than 99% of the attorneys out there.

“Techie” Tip # 5 - Remember this: “x’s on the screen = baud rate issue”

When the court reporter is attempting to establish a realtime connection and you see a bunch of x’s rather than words on your LiveNote realtime screen, the problem is likely a baud rate issue.  I’m guessing you’re thinking this too sounds like Chinese.  No worries; just remember x’s = baud rate issue.  If the court reporter is struggling to trouble shoot a connection issue and you see x’s, suggest to your court reporter that it may be a baud rate issue. Your court reporter should be able to troubleshoot the issue from there and will think you’re really smart!

Realtime is an invaluable tool for attorneys.  May all your realtime connections connect!

“Women in Arbitration in Canada, and Beyond”

December 15th, 2011

Monday evening ASAP and Fasken Martineau hosted “Women in Arbitration in Canada, and Beyond”.  This event was organized by the Dispute Resolution Committee of the International Section of the Canadian Bar Association.  This was a National seminar with attendees linked in to the Toronto location by videoconference.  There were participants in Toronto, Vancouver, Ottawa, Montreal and Calgary.

Special thanks to Barry Leon for organizing the seminar and to the panellists: Louise Barrington, Janet Walker, Tina Cicchetti and Anne Marie Whitesell and to the co-moderators, Sheryl Beckford and Barry Leon.  This distinguished panel of women gave valuable insights and strategies for both women and men interested in working in the arbitration world.

As always, the reception afterward was enjoyed by all!  Delicious hors d’oeuvres by Daniel et Daniel and our signature vintage wines.

Women in Arbitration

Mr. Harvey Kirsh – ASAP Arbitrator of the Month

November 25th, 2011

ASAP’s Arbitrator of the Month program continues to draw an elite crowd of litigators and arbitrators.

The excellent wines and delicious hors d’oeuvres by Daniel et Daniel were a huge hit as always and last night’s speaker, Harvey Kirsh, was fantastic.

Mr. Kirsh was very engaging and used practical experiences to creatively and effectively illustrate the benefits of using an experienced arbitral tribunal.  Harvey also touched on the benefits to the economies of those cities that are used/known as a preferred location for arbitration.  We at ASAP are determined to help increase Toronto’s profile for both domestic and international arbitration.

ASAP is taking a break from the Arbitrator of the Month program for the month of December but will be resuming the program January 2012.  We will feature John Judge from Stikeman Elliot as our first arbitrator for 2012.

 

After 58 years, Las Vegas court reporter sees no good reason to give up her pen

November 17th, 2011
By CARRI GEER THEVENOT
LAS VEGAS REVIEW-JOURNAL
Posted: May 11, 2009 | 10:00 p.m.

Stella Butterfield’s business card carries the slogan “fastest pen in the west.”

At 83, the Las Vegas resident is the only remaining court reporter in Nevada who uses a pen.

“Shorthand’s archaic,” she willingly admitted during a recent interview. “They don’t even teach it in the schools in the States anymore.”

While her workload may have slowed this year, she insists her hand speed hasn’t. She attributes this to her regular exercise regimen, which includes meeting with a personal trainer twice a week.

Butterfield doesn’t actively solicit business anymore, but she maintains a listing in the Yellow Pages and works an average of three days a month. Many of her regular clients have died or retired.

“I honestly thought I’d quit reporting after 50 years, and now I’m going into 58 years,” Butterfield said.

These days, she focuses much of her energy on marketing The Widow Butterfield’s BBQ Sauce (“Taste to die for!”). And she recently was invited to join a court reporters delegation to South Africa in conjunction with the People to People Citizen Ambassador Programs.

Butterfield said she considers the invitation an honor for both herself and Nevada, and she plans to raise the $6,000 necessary to make the trip in November.

Delegation leader Merilyn Marquardt-Sanchez of Phoenix, past president of the National Court Reporters Association, said candidates were selected based on several criteria, including their geographic location, their specialty in the field, and their level of experience.

“We wanted a good cross-section of our profession,” she said.

They also must belong to the national association, which has about 23,000 members.

Marquardt-Sanchez said People to People management made the selections and invited 800 people. She led the two prior delegations of court reporters, one to China in 2007 and one to Russia last year.

Marquardt-Sanchez hasn’t met Butterfield and didn’t know she was a pen writer. “That’s even better,” she said.

“I think it’s wonderful to be able to have an example of how, if you don’t have the funds for the advanced technology, that they don’t have to go without the ability to make a verbatim record,” Marquardt-Sanchez said.

And without the need for fancy equipment, Butterfield “has a lot more flexibility,” said Marquardt-Sanchez, who knows of only a handful of pen writers in her organization.

South Africa has no formal court reporting system, but the courts and schools have expressed an interest in developing a training program for stenography.

Adrien Fox, spokesman for People to People Citizen Ambassador Programs, said he does not know how many court reporters from Nevada were invited to join the delegation. A typical delegation consists of about 35 to 40 people.

People to People International was founded in 1956 by President Dwight Eisenhower as a vehicle to expand international relations beyond the structure of government agencies. The nonpolitical, private sector organization is dedicated to promoting international peace and understanding.

Butterfield said she can bring to South Africa “optimism, hope, a desire to learn more and give back what you learn.”

As a longtime member of Soroptomist International of Greater Las Vegas, she also hopes to contact other Soroptomist members in South Africa.

The New York City native began her court reporting career in June 1951 in the Panama Canal Zone, where she worked for six months as a civilian in a U.S. Air Force legal office.

But the seeds for her job choice had been planted nearly a decade earlier, when her oldest brother paid for her to attend business school. Butterfield’s parents had died when she was 12, and her brother, the oldest of five children, had taken over as head of the family.

From mid-1942 to 1948, Butterfield worked for the federal government on both coasts as a clerk-typist and a teletype operator. She then went to work as a secretary for a lieutenant colonel at Albrook Air Force Base in the Panama Canal Zone. The job gave her an opportunity to practice her shorthand, and in June 1951, she accepted a court reporting position in the legal office on base.

Most of her work in the new position involved taking down testimony during court-martial proceedings. She received only on-the-job training.

While in the Panama Canal Zone, she began dating a staff sergeant named Frank Butterfield. In July 1951, he was transferred to Massachusetts. Five months later, she followed him. They were married in December.

Frank served in the Korean War until 1953. The couple moved a few times in the following years and did a short stay at Nellis Air Force Base. While in California in 1955, Butterfield learned about a job opening in federal court in Las Vegas. She took a train to Las Vegas and interviewed with then-U.S. District Judge Roger T. Foley.

At the time, only four court reporters were working in Las Vegas. Three weeks passed before Butterfield received a response. The call came on a Friday, and she was asked to report to work for a trial beginning that Monday.

She accepted the job, with its annual salary of $5,700, and temporarily left her husband behind in Los Angeles.

The first of Butterfield’s three children was born in the fall of 1957. After that, she gradually became a freelancer, working out of her home and building her clientele little by little.

Her husband actually tried his hand at court reporting but didn’t like it. He later operated billiard parlors in Las Vegas, mined gold and worked as a marketing representative for a cab company. When he died in February 2001 at the age of 71, the couple had been married 49 years.

The court reporting business still carries the Butterfield & Butterfield name.

Today’s stenotype machines are computerized, providing their operators with instantaneous transcripts that need only editing.

Butterfield dictates her notes into a tape recorder. A transcriber then uses her tape to produce a transcript, which Butterfield proofreads.

When asked why she still works with a pen, she explained that in the early years of her career, California had the nearest stenotype school, and she didn’t want to leave the state for training while she had three youngsters at home.

When a school opened in Las Vegas in the mid-1980s, she figured she was nearing retirement. Besides, her method was working just fine.

Through the years, Butterfield has taken the depositions of such celebrities as Johnny Carson, Buddy Hackett, Joe E. Lewis, Wayne Newton, Elizabeth Taylor and Frank Sinatra.

“I don’t think anybody’s had a better time as a court reporter than I have,” she said.

ASAP is pleased to welcome the graduating class of 2011 from the Canadian Centre for Verbatim Studies (CCVS)!

November 4th, 2011

The graduation ceremony was held in our Flagship room at ASAP’s Toronto office at the Bay Adelaide Centre. Staff in the office had a chance to meet seven new aspiring and enthusiastic court reporters, all of whom will be working with us in the future. ASAP’s Resourcing Manager, Genevieve, was most pleased to meet all of the reporters and will be their main contact for bookings. “I was very proud to watch all these hard working students graduate, they have such strong skills and will make enormous strides in the world of court reporting. I am excited to continue working with them so that they can achieve the very best in their careers.”

Many of the graduates have already been through ASAP’s mentoring program and have ventured out on their own. One reporter, Marion, has attained realtime speeds and has already proven to be of tremendous value to ASAP and the legal industry.  Her first assignment was to realtime the speech of Bill Clinton in Montreal a few months ago. All of these new reporters are ready to sit in on arbitrations and exams and produce a written record of the proceedings. With plenty of practice and perseverance, they too are soon to join the small but growing number of realtime reporters in Canada.

Congratulations again to the CCVS graduating class of 2011!

ASAP Presents the Art of Matt Bahen

October 27th, 2011

Last night ASAP hosted an exhibit launch party for the amazing local artist Matt Bahen.  It was a fantastic soiree with the who’s who of the legal and local art community in attendance.  As usual, the wine was amazing and the nibblies were incredible (thank you Daniel et Daniel).  Toronto-based artist Matt Bahen’s paintings simultaneously speak of the lonely destruction left on the field of battle and the optimistic return of nature as it re-introduces itself into the environment. Bahen uses these works to reflect his personal experiences with tragedy and healing.

Matt’s work will be featured here at our Bay Adelaide facility until the end of January.   His paintings are absolutely stunning! Our founder Kim Stewart couldn’t resist and had to purchase one of the larger paintings currently hanging in our foyer. “Leaves of Grass” has found a permanent home at ASAP.  Anyone interested in viewing Matt’s collection is welcome to contact us for a private viewing events@asapreportingservices.com If you’d like to find out more about Matt and his work visit his website at www.mattbahen.com