A Court Reporter’s Guide to Navigating Difficult Attorneys

As court reporters, we are trained professionals dedicated to ensuring an accurate record of proceedings. However, despite our clear role, there are always attorneys who challenge our authority, ignore protocol, and make our job unnecessarily difficult. If you’ve encountered attorneys who dismiss your instructions or blatantly disregard the rules of remote proceedings, you are not alone. Here’s how to handle these situations while maintaining professionalism and control.

1. Establish Authority Early

The key to a smooth proceeding is setting expectations from the start. At the beginning of any deposition or hearing, clearly state the ground rules. For remote proceedings, remind participants:

The session should be treated as if it were in-person.
All participants must turn their cameras on (if required by the jurisdiction or judge).
Speaking one at a time is essential to ensure a clear and accurate record.
Any objections or concerns should be addressed in an orderly manner, not through cross-talk or dismissiveness.

2. Address Issues Firmly but Professionally

When attorneys dismiss your directions, remain composed and stand your ground. Here are a few responses you can use:

Attorney: “I can hear her fine.”
You: “I understand, but I need to hear her clearly as I am responsible for the official record. Please have her speak up or move closer to the microphone.”
Attorney: “No, she doesn’t need to turn her camera on.”
You: “For the integrity of the record, all participants are expected to have their cameras on, per standard procedure. If there’s an issue, we can clarify with the judge.”
Attorney ignores repeated instructions.
You: “For the record, I have requested [participant] to [speak louder/turn on the camera/stop cross-talking], and the request has not been complied with. Let’s proceed accordingly.”

3. Leverage Judicial Authority When Needed

If an attorney refuses to comply with procedural norms, do not hesitate to escalate. Judges have repeatedly reminded attorneys that remote depositions should follow the same decorum as in-person proceedings. If necessary, document the refusal and raise it before the judge or presiding officer.

4. Mitigate Common Disruptions

Some of the most frustrating habits include:

Mumbling and covering mouths: If someone is difficult to understand, interrupt and request clarity: “For the record, I need you to speak up and avoid covering your mouth.”
Cross-talk: Politely but firmly say, “One at a time, please. I need to ensure each statement is accurately captured.”
Participants speaking over you: Assert yourself: “Excuse me, but I need to clarify something for the record before we continue.”

5. Self-Care and Professional Boundaries

Dealing with difficult attorneys can be exhausting, especially over the years. Remember:

You are a professional, and your role is critical—do not let dismissive behavior diminish your confidence.
If a particular attorney repeatedly undermines you, document the incidents for future reference.
Vent to your colleagues and support network—many of us experience the same challenges and can offer solidarity and advice.
Consider taking breaks, practicing stress management techniques, and reminding yourself why you love this career despite the challenges.

Final Thoughts

Court reporting is a demanding yet rewarding profession, but dealing with difficult attorneys can test anyone’s patience. By setting clear expectations, standing firm, and utilizing judicial support when necessary, we can ensure that the integrity of the record remains intact.

At the end of the day, we don’t need to tolerate unnecessary disruptions—but we do need to handle them with professionalism and confidence. Stay strong, court reporters—you are essential to the legal system!

Published by stenoimperium

We exist to facilitate the fortifying of the Stenography profession and ensure its survival for the next hundred years! As court reporters, we've handed the relationship role with our customers, or attorneys, over to the agencies and their sales reps. This has done a lot of damage to our industry. It has taken away our ability to have those relationships, the ability to be humanized and valued. We've become a replaceable commodity. Merely saying we are the “Gold Standard” tells them that we’re the best, but there are alternatives. Who we are though, is much, much more powerful than that! We are the Responsible Charge. “Responsible Charge” means responsibility for the direction, control, supervision, and possession of stenographic & transcription work, as the case may be, to assure that the work product has been critically examined and evaluated for compliance with appropriate professional standards by a licensee in the profession, and by sealing and signing the documents, the professional stenographer accepts responsibility for the stenographic or transcription work, respectively, represented by the documents and that applicable stenographic and professional standards have been met. This designation exists in other professions, such as engineering, land surveying, public water works, landscape architects, land surveyors, fire preventionists, geologists, architects, and more. In the case of professional engineers, the engineering association adopted a Responsible Charge position statement that says, “A professional engineer is only considered to be in responsible charge of an engineering work if the professional engineer makes independent professional decisions regarding the engineering work without requiring instruction or approval from another authority and maintains control over those decisions by the professional engineer’s physical presence at the location where the engineering work is performed or by electronic communication with the individual executing the engineering work.” If we were to adopt a Responsible Charge position statement for our industry, we could start with a draft that looks something like this: "A professional court reporter, or stenographer, is only considered to be in responsible charge of court reporting work if the professional court reporter makes independent professional decisions regarding the court reporting work without requiring instruction or approval from another authority and maintains control over those decisions by the professional court reporter’s physical presence at the location where the court reporting work is performed or by electronic communication with the individual executing the court reporting work.” Shared purpose The cornerstone of a strategic narrative is a shared purpose. This shared purpose is the outcome that you and your customer are working toward together. It’s more than a value proposition of what you deliver to them. Or a mission of what you do for the world. It’s the journey that you are on with them. By having a shared purpose, the relationship shifts from consumer to co-creator. In court reporting, our mission is “to bring justice to every litigant in the U.S.” That purpose is shared by all involved in the litigation process – judges, attorneys, everyone. Who we are is the Responsible Charge. How we do that is by Protecting the Record. View more posts