The Texas Supreme Court is weighing whether to treat digital recording as equal to stenography. But digital transcripts—outsourced, uncertified, and based on hearsay—threaten accuracy, security, and due process. Claims of a “stenographer shortage” are exaggerated; online programs are thriving, with waitlists in California. Protecting litigants means protecting verbatim reporting—not lowering standards for convenience.
Tag Archives: legalethics
How to Be a Court Reporter’s Dream – A Guide for Attorneys and Witnesses
A strong transcript doesn’t happen by accident. Attorneys and witnesses can make a court reporter’s day—and protect their own record—by pacing questions, spelling difficult names, avoiding overlap, and simply showing respect. The reporter is your silent partner in justice. A handshake, a thank you, or a moment of clarity today can safeguard your record tomorrow.
The Knox County Privacy Breach – A Wake-Up Call on Confidentiality and Professional Duty
A hidden microphone at the Knox County courthouse exposed private meetings and cost three officials their careers. Beyond Nebraska, the message is clear: confidentiality is the backbone of justice. Court reporters, attorneys, and judges alike must protect the record, audit technology, and guard against shifting liability. Trust, once lost, is nearly impossible to restore.
Why Transcribing from Electronic Recordings Is Hearsay — and the Stenographic Profession’s Strongest Defense
AI and electronic recordings can’t replace stenographic reporters. Why? Because transcripts created by someone not present are hearsay — and hearsay is inadmissible. Only a sworn reporter assumes Responsible Charge of the record, accountable under law. AI can’t be punished, fined, jailed, or defend its transcript in court. Without accountability, it’s just unverifiable hearsay.
Hearsay on the Record – When Transcripts Lose Their Voice
“I know you think you understand the words I said, but what you understand is not what I meant.” That statement could be made in any courtroom in America. It captures the perennial problem of miscommunication. Words are slippery things—spoken in haste, accented by dialect, altered by noise, or even obscured by emotion. Now imagineContinue reading “Hearsay on the Record – When Transcripts Lose Their Voice”
The Irreplaceable Human Court Reporter – Why AI Will Never Capture the Record
A courtroom is not a lab. It is not a tech demo or a theoretical exercise in “innovation.” It is a crucible where freedom, reputation, livelihood, and even personal safety are decided every day. The people who work there know this truth in their bones: the record matters. And when it comes to creating thatContinue reading “The Irreplaceable Human Court Reporter – Why AI Will Never Capture the Record”
Who’s Reading the Jurors’ Notes? A Confidentiality Breach Hiding in Plain Sight
After a jury trial concluded, I witnessed a courtroom assistant reading through jurors’ notebooks for entertainment—laughing, speculating, and sharing contents with the clerk. Juror notes are confidential and must be destroyed, not treated like gossip fodder. This isn’t just unprofessional—it’s a breach of trust that undermines the integrity of our justice system.
When AI Enters the Deposition Room – The Legal and Ethical Minefield of Unauthorized Recordings
Attorneys are increasingly attempting to use AI tools like Fireflies.ai to record and transcribe depositions—without proper authorization. These tools threaten confidentiality, compromise the integrity of the official record, and undermine the role of certified court reporters. Reporters must stand firm: unauthorized recording is not permitted. If challenged, document the exchange, contact your agency, and remember—you are the official record, and your judgment matters.
AI Summaries in Litigation – Efficiency or a Lawsuit Waiting to Happen?
An AI-generated deposition summary missed a crucial medical statement about future surgery, leading an insurance company to undervalue a case—and a jury later awarded millions over policy limits. Now the question is: Who’s liable? The law firm? The AI vendor? Or the court reporting agency that sold the product? As AI floods legal workflows, expect a wave of litigation over errors that never should’ve been automated.
Why Digital Recorders Are Not Court Reporters—And Why That Matters in California
Digital “reporters” are not licensed court reporters—and in California, their use is illegal in most court proceedings. Attorneys cannot stipulate around the law or sidestep due process. When the record is flawed, justice is compromised. A certified shorthand reporter (CSR) is not optional—it’s essential. Don’t be misled: replacing a stenographer with a recorder isn’t innovation. It’s a legal and ethical liability.
Are Paralegals Being Automated Out of the Legal Workforce? A Critical Look at Lexitas’ New AI Tool
Lexitas’ new AI tool, Deposition Insights+, claims to streamline litigation prep—but at what cost? By automating key tasks traditionally handled by paralegals and junior attorneys, this technology risks replacing human insight with algorithmic shortcuts. Legal professionals must ask: Are we empowering teams, or eroding jobs and skills? Efficiency shouldn’t come at the expense of accuracy—or accountability. The legal industry must tread carefully.
The High Cost of Convenience – How Digital Court Reporting Risks Destroying the Profession It Claims to Modernize
As court reporting agencies rush to adopt AI and digital tools, they risk undermining the very profession they rely on. Accuracy, ethics, and human expertise are being sacrificed for speed and cost. Agencies must choose: innovate with reporters, or replace them entirely—and suffer the consequences. The legal system deserves better than a transcript powered by hope and algorithms.
The Ethical Crossroads of Technology in Law – Why Attorneys Must Defend Human Court Reporters
Attorneys have an ethical obligation to verify the integrity of the record. Yet ASR transcripts, often created without disclosure or certification, are slipping into legal proceedings unchecked. With error rates nearing 30%, no human accountability, and real risks to confidentiality, lawyers must take a stand. Certified human stenographers remain the gold standard. Accept no substitutes—your client’s rights may depend on it.
AI Might Be Cheaper—But It’s Gutting the Court Reporting Pipeline
Courtrooms aren’t podcasts—and AI isn’t ready to replace human court reporters. What’s at stake isn’t just jobs, but an entire pipeline: schools, certification boards, machine makers, and trained professionals. Once that system collapses, it’s gone. If we cut too deep, there will be no one left when AI fails. Choose accuracy. Choose humans. Choose us—while you still can.
Ethical Red Flags – Are Attorneys Violating Rules of Professional Conduct by Retaliating Against Court Reporters?
Some plaintiff attorneys are retaliating against court reporters by replacing them with uncertified digital alternatives—not out of necessity, but spite. In doing so, they may be violating ethical rules around competence, candor, and fairness. Using uncertified transcripts can mislead the court, harm clients, and erode due process. It’s not just bad judgment—it may be professional misconduct.
The Backfire of the Stop the SoCal Stip Movement – How a Campaign to Protect Court Reporting Accelerated Its Threat
The Stop the SoCal Stip movement was meant to protect court reporters—but instead, it triggered resentment among attorneys that’s now fueling our replacement. What began as a legal ethics stand has been twisted into a narrative of greed. The result? Retaliation via digital recording and ASR. If we don’t reclaim the narrative, the gold standard of stenography could disappear.
The Case for Court Reporter Cost Transparency and Industry Reform
Attorneys are furious over rising court reporting costs—but the truth is, reporters aren’t the ones profiting. Agencies are marking up per diems by 100–200%, keeping fees for add-ons like exhibits and digital access, while reporters see less than half. It’s time for legislative reform, transparency, and a fair compensation model that protects the profession—and restores integrity to the legal record.
ASR in Court Reporting – Tool, Threat, or Transformation?
As court reporting faces increasing pressure from digital disruption, the debate over ASR (Automatic Speech Recognition) intensifies. Can it be used responsibly — or does its adoption spell the end of human-led recordkeeping? This article explores the nuanced question: If ASR is wielded by a trained, licensed stenographer, does it become a tool — or remain a threat? The future of our profession may hinge on the answer.
The Ethical Dilemma of “No Payment Until Settlement” in Court Reporting
Court reporting firms must uphold neutrality, yet some offer “no payment until settlement” to clients while demanding immediate payment from opponents. This raises ethical concerns and may violate California law. The Court Reporters Board of California warns that such practices compromise impartiality and could result in regulatory action. Maintaining fair payment policies is essential to preserving trust and integrity in legal proceedings.
STENOIMPERIUM 