Copyright and Stenography

I created a masterpiece about a week ago. On the left, a very horrifying creature that took about three minutes to create and was instantly copyrighted upon creation. If you took my creation and slapped it on a mug and started selling it, I could probably successfully sue you. On the right, a file snapshot of years worth of transcript work, which could be freely copied by anyone any time, at least ostensibly, as any court that decides this issue seems to decide that transcripts are not expressive work protected under copyright. Sam Glover also wrote about this years ago, but seems to have purged it from his blog. Some courts, like the one in Urban Pacific Equities et al v The Superior Court of Los Angeles County (59 Cal. App. 4th 688, 69 Cal. Rptr. 2d 635), have taken the step of ruling that the transcript does not have to be turned over under a business record subpoena because it is a product of business and not a business record, but this does not necessarily prevent it from being copied if counsel obtains it another way.

Here in New York, we do have guaranteed payment of an original via our General Business Law 399-cc (Transcripts and stenographic services). In that way, I feel the state and legislature has already partially acknowledged the hard work that we do. But it’s no secret that court reporter businesses, for whatever reason, have chosen to make originals cheap, and make their businesses more or less dependent on these copy sales. It’s often reported in social media circles that attorneys at a deposition will openly and in front of the stenographic reporter offer to copy and give the transcript to counsel that would otherwise have to order the transcript from the reporter. Why not? As best anyone can tell, it’s legal! There’s also a darker side to this. If you do not have a clear agreement with your agency stating otherwise, they can probably also legally copy your work and not tell you about it. Again, why not? It’s legal!

The question arises, what do we do about this? Many ideas have been floated over the years. Some say we should change our model to reflect the lost copy sales and consider charging in a different way, like hourly, per diem, or a higher original. Personally, I believe it would not be unfair to create a body of law protecting stenographers’ rights to their work. Transcribers would probably be equally in favor, and it would certainly slow the rate of copying if it were explicitly not legal.

Many ideas have been floated in this regard, including putting it under theft of services. I don’t think anyone supports throwing attorneys in jail over this. That’s unreasonable to me. But I do think it’s fair to create a civil penalty for the copying of transcribed work. Virtually everything else is protected via patents, copyright, or intellectual property laws, and it seems weirdly unfair to have a class of people whose work is wholly unprotected.

I would propose language to the effect of “No person or business entity shall copy, reproduce, publish, or dispose of to another a copy of the transcript of any matter transcribed or stenographically reported. A person or business entity that violates this must pay a copy sale to the stenographer or transcriber that created the original transcript. Such copy sale price shall not exceed the mean average of the stenographer or transcriber’s copy sales for the twelve months preceding the copying, reproduction, publishing, or disposal.”

Now, if we were to propose such law, there’s a strong possibility we would have to make some concessions. Let’s be fair, many of these matters are matters of public domain and importance. I would propose a few important carve outs, such as, “nothing in this law shall be construed to abridge the right of any person to critique, cite, discuss, parody, or utilize a transcript’s content in any expressive matter.” This punches a bit of a hole in the law, but look at fair use in copyright law, and you’ll get what I’m trying to do. Also, “nothing in this law shall prohibit any person from preparing or having prepared by another their own transcript of the same proceeding or matter.”

There are some bigger issues we’d have to deal with. Would this law exclusively cover private transcribers / stenographers and not public employees? That’s a fantastic question. As a stenographer, I’m sure everyone knows where I stand, but as someone who reads a good amount of law, I understand that government work simply works out that way sometimes. I think if we’re serious about a New York City, New York State, or even someday federal law on this, it’s entirely doable. I think the important thing is prohibiting copying while allowing “fair use” type cases that don’t prohibit freedom of speech and expression. Notably, we could always go the way of this proposed Florida rule, which states plainly, “subdivision (g) requires a party to obtain a copy of the deposition from the court reporter unless the court orders otherwise…”

As always, discuss away or email me! It’s always fascinating to see what others have researched. Hopefully, if ever it becomes a serious discussion by our lawmakers, they’ll also get a chance to consult with authorities in our field like NYSCRA, NCRA, or even ASSCR.

Shortage Solutions 12: Stenography

If you haven’t had the time to use my site’s search box for all the shortage solutions available, I recommend giving it a try. Over the last year we’ve covered some phenomenal ideas. Many stenographers across social media have internalized these ideas, talked about them, made them better than I ever could’ve dreamed.

Well, this one’s for all the non-stenographers and a look into why our shortage mathematically requires us and not other methods of capturing the spoken word. May it help some of you educate non-reporters and maybe even reporting companies on who we are, what we really do, and why we are irreplaceable. Really quickly, machine shorthand reporting gets a bad RAP because it’s “old.” The stenotype style we use today originally was invented in 1906 by Ward Stone Ireland. With over a century of usage, it’s easy for other methods to say that the technology is outdated and point to something like digital recording, originally invented in 1970 by James Russell, as a newer, “better” technology.

Objectively, when you look at both methods, they have seen vast improvements. Back in “the day,” stenographers had to painstakingly transcribe paper tape notes or even dictate their notes back to a typist using Dictaphone-type technology, who would transcribe for them while they continued to take other proceedings stenographically. Modern stenography uses advanced word processing techniques to take the input from a stenographic writer and output text. The more skillful someone is at operating a stenography machine or stenotype, the cleaner the output text is. Some reporters, reaching a 99.9% untranslate or accuracy level, can practically hit print at the end of a job and have a ready transcript.

Even those of us without such a level of skill are more efficient than the record and transcribe methodology. The average person types about 50 words per minute (WPM). The average transcriber reaches about 80 WPM. The average stenographer? 225 WPM. So while it may seem paradoxical that this century-old technology is the fastest and most efficient method available to the consumer today, it’s true.

So when we talk about shortage, numbers, and the “impossible” gap stenographers must fill to meet rising demand and replace retiring reporters, let’s talk some real numbers. There are somewhere between 11,000 and 30,000 working reporters in this country depending on whose numbers you want to use. Let’s say a healthy 15,000. If we’re inputting words 2 to 4 times faster, on average, you need 2 to 4 people to replace every stenographer. If you need another person to operate the recording equipment, that means 5 people per stenographer today. It gets tougher. Hard-working transcribers have reported it takes up to six hours for them to transcribe a one-hour depo. I’m a pretty average stenographer. I know from timing my own work that a one-hour depo is about 40 pages, and I can transcribe 40 pages in 1 to 2 hours. On a great day where my input is good, I could even do it in 30 to 45 minutes dependent on page density and subject matter. But let’s stick to average, one hour transcription for one hour of testimony for one stenographer. Now compare that to the record and transcribe method, up to six hours for one hour of testimony. That could be six to seven people to do the work of one stenographer, or it could take six to seven times as long.

What do all these numbers mean? It means whoever’s numbers you want to use, if you want to say the gap is 10,000 people by 2030, or 1,000 people, or 5 people, it means you’re talking about filling a stenographic reporter gap. Companies who are pushing digital as a solution are saying there’s no way to get stenographers, but somehow they can find, organize, train, and utilize teams 4 to 6 times larger than their current stenographic reporting assets. We complain about the lack of stenography schools. How many digital reporting or transcribing schools exist? How long have those existed? AAERT lists four. NCRA lists almost four steno schools in New York alone. Tell us again how that is the future? Seems to me that if you’re scared about filling a gap of 1,000, a gap of 4,000 is pretty terrifying. If we’re talking replacement of 15,000 stenographers, we’re looking at 50,000 people plus the gap. Even with the abominable success rates of the past, pre A to Z, pre NCRA 2.0, 10 to 20 percent, it follows that if you’re introducing tens of thousands of hardworking people to the field of reporting, and you introduce them to stenography, you can overcome any shortage you would otherwise have. Smart transcribers and digital reporters have a head start on this. They’ve switched to steno because it’s better for them, their wallet, and the consumer.

Let’s just touch on AI as it relates to taking down the spoken word. Computer programming is not magic. Despite the claims of some that technology is advancing every day, an objective look at technology shows it hasn’t advanced much at all. How much better has your bank’s voice recognition gotten in the last ten years? It was hit or miss then, and it’s hit or miss now. Look at it in big picture terms instead of the daily claims of “tech news” sources. Improvements have been made, to be sure. Open source programming projects allow virtually anyone with a little time and technical knowhow to integrate voice recognition into their product or website. Promises of a $25 billion market draw new investors every day.

But the fact remains that a lot of the buzz surrounding automatic speech recognition is just that, buzz, smoke, promises of a better tomorrow that no one can guarantee. It’s a new spin on old news. To understand this, it is important to understand what computers really are. Computers are math-solving machines. Anything you can break down into numbers can be represented by a classical computer. Video games? Math. Word processing? Math. Internet search? Math. We are spoiled. We live in a world where you click buttons and have windows. Far gone are the days when programmers had to use punch cards to operate computers. But consider that everything your computer is doing is broken down into two signals, 1 and 0, on and off. How smart do you think someone has to be to figure out an equation to account for every accent, English dialect, or circumstance? Try differentiating four different speakers using math! I’ve said it before. There’s a very real possibility that it can be solved and that perfect voice recognition can be programmed. Could be tomorrow. Could be 100 years away. Might not even happen. We don’t know. But any claim that AI is the future must be met with serious and sustained skepticism, as AI-related companies can burn through half a billion dollars in a year and still have no major profitable product. There’s a reason the public trusts stenographers and not Siri, and that’s why smart investors stick with stenographer platforms.

Companies and organizations should really re-examine their own views on this. Stenography needs all hands on deck, and they’ll have a much easier time building on our education culture and matured technology than trying to switch over the industry to something untried, untested, and less consumer friendly than the personal and proper touch of a qualified stenographic reporter. The years of training and experience we have collectively, as well as the infrastructure of our large associations and institutions, are second to none. Ultimately, it will be up to the buyers in our market to examine that and decide: Do they want to ride the wave, improve the field as it stands today? Do they want to pay the great cost of reinventing the wheel in the hopes that things will someday be better? I suspect the smartest leaders have already crunched some of these numbers and weighed these factors. They know there’s a very real truth that replacing stenography is unlikely to work. It certainly doesn’t make sense mathematically, and that is why they hedge their investments and keep all avenues open.

Maybe this will serve as a wake-up call to companies on the fence. Do not go the way of US Legal, who apparently acquired Stenotrain just to scrub its Internet presence a couple of years later. These numbers are real. The challenges faced in finding coverage are real. These challenges are far from insurmountable. But it will be about four times harder to use non-stenographic transcribers than it would be to address the stenographer shortage. Follow the recent example of companies like Lexitas. Reach out to stenographers and ask them about schools that need your support to keep supplying you with quality reporters. Your investors will thank you. Your customers will have the best service for the lowest cost. You will not be subject to the inconsistency of professional flip-floppers. Your business won’t be broken by people who have no plan for when a transcript is needed for appellate review. Your companies will thrive. You will have a better outcome than you would losing money and clients up against a superior modality like stenography. Shortage solutions? Without a doubt, the resourceful entrepreneur picks steno.

Shortage Solutions 11: Logistics

One of the highlights of the January 2020 PYRP popup in Brooklyn was talking about the local shortage. One solution mentioned on the freelance side was how stenographers and stenographic reporters can advocate for attorneys to set depositions at different times. It was explained that it can be very difficult to accommodate every deposition at 10 a.m., and how a small change in attorneys’ ordering habits might make it simpler to cover work.

This is a small thing to talk about, but would be no small feat to accomplish. It would be a serious cooperative effort for the buyers and sellers of stenographic services to come together and do something to alleviate the coverage issues faced by all companies.

This also brings to light a truism we don’t talk about often. The winners of this market will be the logisticians. Companies and entrepreneurs that master matching reporters with work are necessary. If a reporter can only work in the afternoons, or close to home, or has some other need, an agency that can satisfy those needs is going to get coverage over an agency that just doesn’t care. This is a time for companies that truly support the stenographic reporter to really shine.

Reporters nationwide are advocating for stenography. I see no reason why scheduling habits can’t be a small part of our efforts at consumer education. If it’s the difference between covered and uncovered work, it’s worth mentioning, and it’s worth getting a stenographer into every proceeding possible. There is a digital reporting proponent named Steven Townsend. He has described an idea he calls the long tail, stating that digital recording can cover matters where transcript demand is not high. So when we talk about matters of coverage and jobs that are “not good enough” for a stenographer, remember that long tail. Remember that’s a core strategy of the companies gunning to replace you. Take enough of the “easy” work, become what lawyers regard as “the reporter” and then muscle in on the so-called valuable work under the idea that stenographers are obsolete. They even tell digital reporters we’re obsolete so that they don’t realize we’re a growing and vibrant career choice. There has already been talk in Veritext-owned companies in New York about digital reporters taking over EUOs, which are insurance jobs that many reporters are hesitant to take or refuse to take. Don’t let that happen. Those jobs fuel new stenographers and stenographers with a lower skill ceiling.

Nobody becomes a USPS or UPS-type master of logistics overnight. There is a lot that goes into getting a stenographer on every job. So let’s make it a part of the discussion and grow it together. Existing companies can adapt these ideas, or stenographers can form new companies that do it better. Either way, stenography and the consumer win.

A Night In Brooklyn, PYRP 78

This past weekend 78 pop-up events across the country launched for stenographers, almost all of which were at the same time on January 18, 2020. For Sabbath observers and those who couldn’t make the January 18 pop up, Devora Hackner organized and hosted one on the night of January 19 in Brooklyn. It was a fantastic night and a good indicator of what just a little solidarity can achieve. Protect Your Record Project, started in California by Kimberly D’Urso and Kelly Bryce Shainline, has swelled to a national movement where stenographers are saying loud and clear to the consumer that we are the fastest and most efficient method of capturing the spoken word.

The Brooklyn event was a real showing of stenographic society in NY. Every attendee’s presence was important and brought something special to the table. Nancy Silberger, immediate past president of NYSCRA and host of New York’s Saturday PYRP event was there. Howie Gresh and Reid Goldsmith, both longtime working reporters and educators were there. Ellen Sandles, a reporter who has done extensive research into the Federation of Shorthand Reporters was present. Representatives and owners of Little, Lex, and Diamond were also present. NYSCRA’s President, Joshua Edwards, also made an appearance some time after the event’s start. There were over thirty decades of collective reporting experience in the room and nearly two dozen attendees.

Everyone came together to talk about how to advocate for stenography. Ms. Silberger mentioned her ability to host some meetings. Ms. Sandles talked about having potential press contacts. Jane Sackheim of Diamond mentioned that space could be offered by Diamond to teach A to Z courses, something NCRA and Project Steno advocates should definitely ask about. Mr. Gresh reminded everyone about NYSCRA’s involvement in offering free test prep classes. Rivka Teich, a masterful reporter working at the Eastern District Brooklyn Courthouse talked about doing a career night and introducing more people to what we do and different jobs in the field. Mr. Edwards reminded everyone about NYSCRA’s mentoring program and urged people to sign up as mentors or to be mentored. He also brought up that attendees were still being accepted for the NYSCRA Court Reporting & Captioning Week Real-Time events.

Many, many ideas were covered. From high school outreach and following NYS legislation to PYRP’s available resources and files, all the way to potential legislative ideas, like copy protection for reporters’ work. The importance of starting discussions on stenography was noted. We talked about the potential of changing covers, parentheticals, and cert pages to say stenographer instead of court reporter. The importance of communicating with the videographer and injecting oneself into the record when necessary to make a better record was talked about.

There is one theme recurrent in all of this. The power of the individual is undeniable. That’s everyone who was present. That’s you. Reporters are getting together and great things are happening. Maybe there’s a skill you have, or some kind of connection you’ve made that can help educate a consumer or empower another reporter. You don’t have to wait for a giant winged creature to invite you, you just have to be brave enough to jump on the wagon.

January 2020, Just Apply!

Courtesy of the links I’ve got up at Get A Real Job, here’s what we’ve got posted around the Internet at the start of the new year. Freelancers can check the bottom for some ideas. Just before we roll into that, remember that NYSCRA has a free mentoring program, and people can use NCRA’s Sourcebook for unconventional moves like finding a mentor. If you’re a student or a new reporter feeling kind of lost, you don’t have to go it alone, reach out. Even people five years on the job have said “wow, sometimes I feel like I need a mentor!”

But you’re not here for that. You’re here for the jobs, dammit. Perhaps unsurprisingly, this month we have the Bronx grand jury job still posted. That’s a Reporter / Stenographer title as a City of New York employee. Side note, the Queens DA site is down so I have no idea if they’re hiring. I guess I’ll have to snail mail them. More side notes, the DCAS Reporter Stenographer application scheduled in November has been postponed, and there does not seem to be a date for it on this DCAS schedule, up to April 2020.

There’s no civil service exam out for NYSUCS Court Reporters because they just had the last test in Summer 2019. They generally hold the test every 1 to 4 years though, so keep an eye out. Even though the civil service exam is probably a little way off, Court Reporter provisional applications are being accepted continuously statewide according to the website.

In the least predictable move ever made, we move on to federal jobs. There are three Southern District postings in New York, including part time and full time work. Whether that means they need three people or one really good one, go for it! There are also a number of federal positions all around the country. Maryland, Oklahoma, Texas, West Virginia, Massachusetts, Arkansas, Utah, Tennessee, North Carolina, Washington, Washington, D.C., and Florida. Remember what happens when they can’t get good stenographers in those positions. They settle for less. Spread these jobs around, don’t be shy.

From the freelance angle it is troubling to me that for years I rarely saw agencies advertise looking for steno reporters and yet I see many postings continue to pop up for digital reporters now. It is not inappropriate for stenographers to take this for what it is, a sign that securing private clients may be a way forward to secure future work, especially if our trade and methodology is not going to be front and center of these old businesses. Take the leap, file with NYS, get yourself on the vendor list of NYC VENDEX or NYS procurement, get on the insurance companies’ procurement lists. Navigating the business world is not an easy thing, but it is entirely possible for anyone that sits down and starts familiarizing themselves with how people buy and sell services and where to find people that buy what we do. Pricing is another monster to tackle. Depending on the contract, people might bid super low original prices just to get copies locked in. Some contracts don’t really have many copies so a high original is necessary. There’s no manual I know of, it’s all straight experience and getting yourself situated as a player in this game, not a pawn.

Let’s win it together in 2020!

December Dirigibles 2019

First let me say, any student or reporter out there seeking a mentor, make sure you check out NYSCRA or any of the other associations offering mentoring. You owe it to yourself to find at least one person, but hopefully more than one, to show you the ropes and help you into and through your career.

With that out of the way, fly high in your career by checking out some of the jobs links below. Remember, you can get all of these links off of Get A Real Job.

Bronx Grand Jury Reporter/Stenographer has been up since 11/8. I hope everybody has applied, but if not, here’s your sign!

The Special Narcotics Prosecutor still has their posting for grand jury reporter up. I’d say that means it’s a great time to reapply or give them a call and make sure you know if and when they’re giving another test. Just note the DCAS test for Reporter/Stenographer is postponed.

Onondaga County Grand Jury is hiring. Thanks be to Adam Alweis for making sure every single one of us had a shot at this wonderful opportunity.

The court reporter provisional title is still up on the statewide NYSUCS postings. The list just came out last month, and if history is anything to go by the state is going to likely take people who passed the civil service test first. That said, it’s never a bad time to apply to be a court reporter today!

Southern District of New York, that’s federal court, is seeking a court reporter. If SDNY is too rich and famous for your tastes, there are over 10 postings for federal court reporters in Florida, Texas, Pennsylvania, Virginia, Alabama, Arkansas, West Virginia, Washington State, and Washington D.C. It may be a misnomer, but the D.C. posting says district courts and bankruptcy courts. Bankruptcy courts had previously went the way of the recording, so every time a steno covers one of those, you’re trailblazing.

As always, the court reporter job board and CSR Nation are filled with activity. If you’re in the freelance world and having trouble finding work, these are good starting grounds. Make some connections. I’m hearing a blend of things from reporters in the freelance community. Some are thriving. Some are struggling. Don’t be afraid to admit to yourself that you are struggling and make changes that make your life better. Whether it’s taking on more complex work or dropping an agency relationship that isn’t working for you, you can find a strategy that works for you.

Consider taking on some private clients. With some of the biggest names in the business claiming they can’t find reporters, you might very well find yourself in a position to do what they can’t do and meet the needs of the deposition market with stenographic reporters. Look at all the job postings this year that have come up and been filled. Look at supply and demand. As so many siphon off to court, freelancers are in a position to make more money and take on more business now than in the last ten years here in New York. But that’s only if they quit dancing and make money moves.

I’ll just take this time to encourage people to take up the cause. Post jobs in your state. Join groups where reporters are. Share information. Even if you’re good, you might come across a valuable lead just when someone in your life or professional network needs it most. Even if you don’t believe that a chain is only as strong as its weakest link, believe that we are stronger together. Know that every single one of you who have shared something about this field have made a difference.

October Occupations 2019

Before we get into this post I just want to say I updated the old Get A Job post to include the exams page of NYSUCS. I still say that every jobseeker in New York should be checking the pages linked there every 15 to 30 days to be safe. Share findings. Be committed to keeping everyone up to date. If everyone is talking about where the work is, nobody’s left in the dark.

Even though this page launches October 1, postings are only current as of September 30.

DANY is still hiring for their grand jury reporter position. It’s a great job. Definitely give it a shot.

Special Narcotics Prosecutor, as I recall, had a posting for one grand jury reporter. Now there’s a posting for two. I say that if you haven’t applied yet, it’s your lucky day, go for it.

The state court system is still accepting applications for the provisional court reporter job. If you didn’t take the test, it still might make sense to apply. If they didn’t get enough passes on the civil service exam, they’re going to need you.

Southern District, that’s federal court, is still looking for a reporter. Don’t let this great opportunity go to waste if you’ve got the certifications or skill necessary to work with SDNY.

There are over ten vacancies federally all around the country. If New York’s not where your heart is, no big deal, but you’re not allowed to leave (joke).

Plaza continues to keep a posting for court reporting and English instructors.

New Jersey has apparently started hiring for the first time in a long time. I had posted this on Facebook but not on Stenonymous. Hopefully the government has realized the inherent value of having someone personally responsible for making the record.

Freelancers, I know that there’s often not a lot of postings on here with regard to work for you. I will work on something that might help there. Until then, you’re free to check out my recent post on historic data and inflation, as it impacts every dollar we make every day we breathe. I have been getting emails from Magna claiming over $100 in bonus fees. Now that I think about it, this probably gives you a clue what’s actually being charged for appearance fees, and a peak into the law of supply and demand. You’re in demand. Your skills are in demand. Act accordingly, do great work, and make a great record.

Fun fact. In the editor this post has no bullet points. In the preview it does. Which version will everyone see? That is the question. If you’ve ever wondered why some posts seem to have bizarre formatting, I blame computers.

Shortage Solutions 10: Contract or Employment

Can you believe this blog has covered 10 ideas for addressing the shortage? Time flies. Having given the whole court reporting shortage issue some more brainstorming, it’s worth bringing up for discussion the solutions that will follow. As always, happy to have comment on this issue. First, contractual agreements. In the field today, many reporters work under a verbal agreement, or a very informal email or rate sheet agreement. Even in places where independent contractors are required to have contracts, much of the business is contracted verbally or less formally.

Anecdotally, there’s something respectable about putting things in writing. People are more likely to live up to their word when there are clear terms of engagement. Need a freelancer to be on call to cover? Get it in writing. Throw them a little consideration (money) for their availability. Create easy-to-understand terms and expectations on availability. Create fair and realistic penalties for breach of contract on either side, or remedial terms that both sides can live with.

That lets me move on to another thought process. There is nothing in US law, to my knowledge, that prohibits a company from hiring employees and paying them a per-page commission or per diem rate. Pretty much no reporter makes less than minimum wage, so compliance with minimum wage laws is trivial. What is stopping a company from shifting its workforce from 1099 reporters to employees? Nothing. Nothing but a different set of paperwork and some accounting changes. Compliance with workers compensation laws may need a little creative insuring to allow reporters to transcribe from home if they choose to give employees that option. But this does not seem like an impossibility, merely a challenge for the entrepreneurial to overcome.

Why these solutions? Frankly, one of the issues with shortage boils down to the inconsistency of freelance reporting. If reporting firms nail down some availability, via employment contract or independently-contracted agreement, they can have a more realistic idea of how many reporters they have versus how many they need. Businesses survive and thrive off of mastering their staffing needs. Reporting businesses will be no different, and in the end will rise and fall based on their ability to meet demand. In this case, the demand being the service that so many stenographic reporters are ready, willing, and able to provide.

The Resurgence

It was looking pretty bad for steno for a while. Schools were closing. Courts were pushing stenographers out. Easy example, a few decades ago, stenographers started getting pushed out of New Jersey courts. The wheels of progress and the winds of change are slow, but I was fortunate enough to see this spot for a stenographic reporter pop up in Elizabeth, New Jersey. This is evidence to me that we can recover lost ground.

And there is certainly ground to recover. The Workers Compensation Board of New York moved to recording and having their stenographers transcribe. Our NYSCRA and others pushed to have the legislature mandate use of stenographic reporting, and the bill to do so was passed by the assembly and senate, but vetoed by Governor Cuomo. Needless to say, whenever New York decides to elect a new governor, it will be time for us to try again.

But seeing such a push by stenographers everywhere to educate the public and continue training each other to provide the best quality records possible, there’s no doubt in my mind that we can continue to take back any areas of the market that were lost.

I’ve gone over the math many times. There are more of us and so many ways to spread the message that stenography is still relevant and superior in this modern world. Old keyboard, new tricks. The best part of it is that as the push continues, people and companies are rising up to start new education programs. Just this year, by my own count, we’ve had something like a half a dozen programs open up and enrolling future stenographers.

The sweeter irony is that digital reporting very well may face the same shortage it tried to use against us. As word about stenography spreads, many transcribers are realizing that stenography can save them time and money in their transcription work, or that they can use stenography as a springboard into a career that is, on average, about double the pay. I’ve seen at least two social media posts in the last seven days about transcribers and digitals switching to steno. Let’s face it, anyone saying stenography is equal is running on intel that’s six years old. At that rate, they’ll catch on and get back on the wagon sometime in the next sixty. We can’t wait for them.

The truth is that from independent people like myself or Mirabai Knight, to major stenographic organizations like ASSCR or NCRA, to all the many consumers, judges, lawyers, stenographic court reporting has a lot of allies. It’s not going away. The New York State Court System said as much. We know the truth. All that’s left is to get out there, tell it, train our students to be the best they can be, and see the resurgence of stenography spread across the country.

Guarding the Record Against Misinformation

Came across some commentary that I’ll call a smooth sales pitch by Steve Townsend, co-founder of AAERT. He correctly points out that the steno shortage has been widely reported, but goes on to draw a number of inferences and conclusions that I find remarkably questionable. There is the claim that steno schools are closing, graduation numbers are dropping, and interest in the career is very low. You can trust him, because he backs that up by saying this is all true.

Well, maybe a few years ago, we could’ve agreed. But this was written August 6, 2019, when stenography is headed back into a steep incline. Programs are picking up stenography. Established programs like Plaza College are creating more awareness through newsworthy events like the court reporting symposium. Several stenographic initiatives have drummed up support and interest for this wonderful field. Just to name a few, NCRA’s A to Z program, Open Steno, Stenotrain, and Project Steno. There are stenographers all around the country asking their local college programs to consider beginning a stenographic course, and interest in the field is ramping up.

Court reporting firms across the country are sticking with steno wherever and whenever it’s available. It’s no surprise that stenography is the desired method because we are four to five times more efficient than the average typist, and have some heavyweight software companies on our team. From advanced note analytics, like CaseCAT’s steno x-ray, to Eclipse’s translation magic, a single modern stenographer has the tools and capability to match the production of multiple transcribers. It was true back in 1972 when stenographers performed with a higher degree of accuracy when tested against audio, and that hasn’t changed. The FJC had all this data back then, and has had the data through the present, and yet somehow the district courts still use many stenographers. Reality tells us we are the superior choice when it comes to quality and cost. Townsend’s great argument, that years ago they said that they could record the court with appropriate management, is a far cry from providing the very best service available to the legal community. If there was a modicum of honesty, Townsend would tell lawyers looking for stenographers to go look in the NCRA Sourcebook. If the shortage is so severe that “soon” there won’t be stenographers, that’s no threat to his business.

There’s just nothing to match the institutional knowledge and commitment we have with regard to preserving the record. AAERT’s fabled Best Practices Guide hides behind a paywall. In stark contrast, our NCRA, the National Court Reporters Association, has publicly maintained its advisory opinions and continues to foster transparency and consumer awareness. It’s entirely open to public scrutiny. Who benefits? The consumer. The lawyers, litigants, and judges we serve every day.

Some easy math will tell you we are a ways off from not seeing stenographers at depositions. The Ducker Report told us about 70 percent of the court reporting field was freelance. That means that you’ll stop seeing stenographers in court long before you’ll see an end to them at depositions — and that’s assuming all the steno projects and programs I mentioned in the beginning fail. That’s assuming that every recruitment effort we’ll make as an industry in the next decade does nothing.

Now add on top of that the fact that if we’re inputting words at 225 wpm and the average typist is getting 40 or 50, you need 5 of them to replace every one of us. Even an exceptional typist at 100 words per minute — and having thousands of such exceptional typists — would mean requiring two transcribers for every single stenographer today. If anybody thinks there’s a problem getting transcripts today, just wait for the future promulgated by AAERT, millions of cases with no one to transcribe. As long as they can sell their equipment, they’re good. The transcript and the legal process is, at best, an afterthought.

I’ve reached out to Legal Tech News about possibly writing a commentary on why stenography is the best tech to protect the record. We’ll see if that pans out. But let this serve as a reminder not to let these folks demoralize you. They have a lot of money riding on most of us staying quiet and letting their voice dictate what is accurate. In reality, the gentlest glance at their arguments reveals a fragile facade. This is all true.

August 12, 2019 Update:

Eric Allen, ASSCR President, got his own commentary published on Law.com. This is precisely what I meant in terms of us actively participating in the conversation.