This article recently appeared in Advocate Daily.
Counsel, witnesses or other people present in the hearing room may have all sorts of reasons for recording a private hearing, arbitration or discovery. But there are serious risks associated with the material that is being recorded, especially by someone who is not neutral, trained and has safeguards in place to protect the record.
In our business, we often give court reporters – who report the proceedings and prepare the transcript – and transcriptionists – who type recordings – opportunities to provide services on a “look-see” basis. In other words, while a resume may read very well, we want to ensure the services they can produce an excellent record to the best of their ability; and in the case of a transcriptionist, that they can produce a quality product with the quality of the audio always top of mind.
Over the last decade, in-house and general counsel have been taking on a more active role of managing litigation – from setting budgets, to the careful selection of a firm, to managing much of the production process, to being a more active participant in the litigation process.