What Verbit Leadership Needs To Know

I had a lot of fun writing the Verbit investors article. But the more I explore opinions and ideas outside our steno social circles, the more I see that most people totally don’t get stenographers or the work we put in. A lot of us have had sleepless nights trying to get a daily out, time lost for ourselves or our families trying to do the job we signed up for, or some amount of stress from someone involved with the proceeding being unhelpful or antagonistic. It happens, we take it in stride, and we make the job look easy. So it doesn’t surprise me very much when people say “why not just record it?” It doesn’t surprise me that investors threw money into the idea that technology could disrupt the court reporting market. But I can only hope that proponents of digital really take the time to understand and step back from the cliff they’re being pushed towards.

For this exercise, we’re going to be exploring Verbit’s own materials. They recently circulated a graphic that showed the “penetration” of digital into the court reporting market. It shows 5 to 10 percent of the deposition market taken by digital, and 65 to 75 percent of the court market taken by digital. It also notes that only 25 to 35 percent of courts are digitally transcribed. I take this to mean that while they have 75 percent of the “court market,” they only transcribe about 25 percent of it. This is a massive problem. So the technology, when it’s not breaking down in the middle of court (29:20), is ready to record all these proceedings. But you only have the capacity to transcribe about a third of that. So in this magical world where suddenly you have every deposition, EUO, and court proceeding, where are you going to get all of these people? We’re talking about multiplying your current workforce by 28 assuming that every person you hire is as efficient as a stenographer. And the math shows that every stenographer is about as efficient as 2 to 6 transcribers. So we’re really talking about multiplying your current workforce by 56 to 168 times, or just creating larger backlogs than exist today. By not using stenographers, Verbit and digital proponents are setting themselves up for an epic headache.

Of course, this is met with, “well, there’s a stenographer shortage.” But what you have to understand is that we’ve known that for seven years now. All kinds of things have happened since then. You’ve got Project Steno, Open Steno, StenoKey, A to Z, Allison Hall reportedly getting over a dozen school programs going. Then you have lots of people just out there promoting or talking about the field through podcasts, TV, and other news. Showcasing the shortage and stenography has brought renewed interest in this field, and we are on track to solve this. Again, under the current plan, you would need as many as 60,000 transcribers just to fill our gap, and the turnover will probably be high because the plan promotes using a workforce that does not require a lot of training. So if you’re talking about training and retraining 60,000 people again and again over the next decade, I am quite sure you can find 10,000 or so people who want to be stenographic court reporters.

Look, I get it, nobody goes into business without being an optimist. But trying to upend a field with technology that doesn’t exist yet is just a frightening waste of investor money. How come when you sell ASR, it’s 99 percent accurate, but when Stanford studies the ASR from the largest companies in the world, it’s 60 to 80 percent accurate? How come when you sell digital it’s allegedly cheaper and better, but when it’s looked at objectively it’s more expensive and comes with “numerous gaps and missing testimony?” These are the burning questions you are faced with. There’s an objectively easier way of partnering with and hiring stenographers. If you don’t, you’re looking at filling a gap of 10,000 with 60,000 people, or multiplying the current transcription workforce of 50,000 by 56 (2.8 million). In a world of just numbers, this sounds great. Three million jobs? Who wouldn’t want that? But not far into this experiment you’ll find that people don’t grow on trees and the price of the labor will skyrocket unless you offshore all of the work. What happens when attorneys catch onto the fact that everything is being offshored and start challenging transcripts? Does anyone believe that someone in Manila is going to honor subpoenas from New York? Again, epic headache.

So if I could get just one message out to Verbit leadership and all the people begging for us to “just accept technology,” it would be to really re-examine your numbers and your tech. The people under you are going to tell you that a new breakthrough is just around the corner, that things are going well, and that you shouldn’t worry. But you should worry, because you very well might find yourself a pariah in your industry like Peter Molyneux ended up in his. If you’re not familiar, Peter became famous for promising without delivering. One of the most prominent examples of this was 2009 E3, where he stood up on stage and introduced Milo. This tech was going to be interactive. It was going to sense what you were doing and respond to it. It turns out it was heavily scripted, the technology did not and still does not exist to do what was being talked about and presented to consumers. Now, anyone with a bit of sense doesn’t listen to Peter.

If the ASR tech worked, why not sell it to us at 10,000 a pop multiplied by the 25,000 stenographers in your graphic and walk away with a cool 250 million dollars? It does what we do, right? So why aren’t we using it? Why aren’t you marketing it to us? It’s got to be a hell of a lot easier to convince 25,000 stenographers than it is to convince 1.3 million lawyers. Sooner or later, Legal Tech News and all the other news people are going to pick up on the fact that what you are selling is hype and hope. So, again, consider a change of direction. Stop propping up STTI, shoot some money over to the organizations that promote stenography, and partner up with steno. You’d be absolutely amazed how short people’s memories are when you’re not advocating for their jobs to be replaced with inferior tech. Take it from somebody who’s done the sleepless nights and endless hours in front of a monitor transcribing, this business isn’t easy. But if you trust stenographers, we’re going to keep making it look easy, and we’re going to make every pro-steno company a lot of money.

The Impossible Institute

Let me set the timeline for everybody. It’s 2008. Schools are seeing some pretty nice numbers, maybe 60 a trimester where I was. Court reporting steno schools are saying this is a timeless, guaranteed profession. Obsolescence is impossible and there will always be tons of work. 2010 comes along, and my class of reporters is told by the market there’s no work. There’s a glut. Too many reporters, not enough work. We’ll start you at what they made in 1991 because we’re such benevolent people. And by the way, rate increase is impossible. By 2014, there’s news of a shortage incoming. and by 2018, the shortage is in full swing, and even here in New York, where you had agencies like Diamond not paying their people copies, unless they really liked them, they started paying copies to a larger percentage of their reporters. That was after almost a decade of such a terrible cost to the agency being deemed impossible. Thanks, partner.

So it’s interesting whenever someone tells me something can’t happen, won’t happen, or is impossible. It’s equally interesting when someone comes out with an authoritative and definite prediction, that something must happen. So I briefly reviewed some materials out of STTI, the new mouthpiece of the anti-steno business coalition. Completely ignoring the resurgence of American stenography and my series of ten shortage solutions, the STI says crunch the numbers, it’s impossible for schools to meet the forecasted shortage of 8,000 reporters by 2020. Well, maybe, when we go by the information from 2013, it seems unlikely. But when you can log into the Open Steno Discord and see almost 100 people online on a Saturday morning in 2019, and you can see for yourself the constant efforts of A to Z, Project Steno, and private schools, it seems like these so-called experts have little more than a BA in BS.

Don’t take it from me, look at their own words. They try to pin the blame on NCRA for not adopting voice writing wholesale. But what kind of argument is that? Voice writing has been around since World War II, but the NCRA didn’t adopt it, so now it’s too late, digital wins. If anything, that tells me that if the NCRA doesn’t adopt it, it doesn’t fly. If we, the stenographers in the marketplace today, do not accept your inferior methodology, and keep marketing ourselves, we stay on top. If they’re so sure that these steno-centric programs won’t work, why bother saying they cannot win? Simple. They’re guarding an empty city. If they get you to give up recruiting, educating, and empowering your fellow reporters, the market’s open for them to come in and pick up the pieces. You decide whether that happens. Are you going to let five people scare off 20,000 of you?

Look no further than their straw man future predictions to see how weak their argument is. What will the market look like in 2039? What will happen in 20 years? You don’t know. Nobody knows. So when the “experts” tell you what’ll happen, they hope it’ll give you a sense of security, and you’ll act or fail to act, and become a participant in their version of the future. That’s how that works. It’s an echo chamber claiming steno will fail in the hopes that that’s how things roll. Are you going to fall for it?

I’m generally not going to cover the STI too much on this blog. Who wants to give clicks to a cherry picking propaganda outfit? But look at the beginning of this post again. Look at all the people who made claims that turned out to be untrue. I’ll give you one more. In 2017, I was told more or less not to bother with this blog because nobody would read it or find what I had to say credible. It was impossible. This year I had 13,000 views and 6,000 visitors. Here’s a prediction. You can do that. You can do anything you’ve got motivation for. And you can do it a heck of a lot better than the experts. I’d say the people out there working every day are the experts. To wrap this up, let’s just say that if someone is telling you that something is impossible, or that something is definitely going to happen, you want to look at their motives before you buy in. Last question. What’s your next move?

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.

Recording Grand Jury (NY)

So I’ve been following the facts on a series of cases picked up by the Batavian and Daily News. The very short story, with some extrapolation, is that a grand jury stenographer contracted by the district attorney was apparently using the AudioSync feature in our modern stenotypes. This caused the defense attorneys to seek dismissals of the indictments. As best I can tell, and after writing Batavian author Howard Owens and one of the attorneys, who had stated it was a Judiciary Law misdemeanor, I pieced together the following with regard to grand jury recording law in New York:

Criminal Procedure Law 190.25(4) makes it very clear that grand jury proceedings are secret. Judiciary Law 325 gets into how it shall be lawful for a stenographer to take grand jury proceedings, and doesn’t explicitly allow audio recording. Penal Law 215.70 talks about unlawful disclosure and lists the crime as a class E felony. Finally, Penal Law 110 tells us an attempted E felony becomes an A misdemeanor.

What can we further infer from all that? Well, as best I can tell, the indictments are only dismissed if it’s shown that the recording altered the testimony or proceedings in some way, and the defense is given the burden of proving that. As of writing, no indictment has been dismissed because of recording. That said, this opens up a serious concern for grand jury stenographers across New York. Recording the grand jury proceedings may be construed as attempted unlawful disclosure, and thanks to Judiciary Law 325, it may be difficult or impossible to argue that such recording is in the course of your lawful duties. Like Frank Housh in the video linked above, I was shocked that we could work in this industry for years and not ever be told the law surrounding that. Admittedly, I was a grand jury stenographer in New York City for months, and while I understood that not recording was a condition of my employment, I did not know that recording could theoretically give rise to a criminal prosecution. It is up to us to keep ourselves and each other informed, and now we know. This is not a joke, and you could go to jail for up to one year and have a criminal record for up to ten years on an A misdemeanor.

That caution stated, as of writing, there has been no prosecution of any grand jury stenographer for that specific reason, so it seems that the district attorneys or assistant district attorneys involved in these cases disagree with defense’s contention that this rises to the level of a misdemeanor. It also appears that recording of the proceedings does not automatically invalidate indictments.

The court rules Part 29 and Part 131 did not come up in my correspondence with anyone involved in this matter, but they are tangentially related and may be worth a review. And remember, nothing written here pertains to federal grand jury proceedings. We are talking strictly the New York State courts.

Any future updates to this matter will be posted right here.

The vTestify Lie

I’ve often worried we too often buy into hype from voice recognition sellers. Dragon represents itself as being 99 percent accurate, but only has about a 3-star rating. Opened up to scrutiny, VR and digital recording companies don’t make the cut.

So we had a company mentioned on Facebook called vTestify. They brag about all the money they can save people on depositions. Just knowing what I’ve reported in the past, other voice recognition companies have raised a lot of money. Verbit raised $20 million. Trint raised something like $160 million. As far as I can tell, vTestify raised $3 million. Either they’re 50 times more efficient than everybody else or they’re woefully underfunded and their investors are set to lose while the company lurches along burning capital. Let that sink in for the next time somebody is trying to sell you the future, investors!

I would’ve left it there, but then another reporter brought up that they have a calculator. The claims there are laughable. They claim that they can save attorneys $3,198 per deposition. I don’t know what reporters in North Carolina are charging, but I know here in New York I could get somewhere around $4.00 a page, and maybe on a great day a $100 appearance fee. A pretty thick day is about 200 pages, only ever getting to that 300 or 400 page count occasionally. So take 200 pages multiplied by 4. 800. Add on that sweet appearance fee, and maybe it comes to 900 bucks. Even real-time reporters only charge a buck or two a hookup, so even with 6 hookups, we’re still only talking maybe a $2,000 day. We can all acknowledge that these glamorous multi-thousand dollar days exist, but the bottom line is that’s not the norm and vTestify isn’t actually saving anybody a dime. Their calculator doesn’t even make any sense. When I added the numbers they gave, I got $3,646. Somehow their calculator comes up with $4,329.

It gets better — or worse — you decide! Then we have this snippet about the court reporter shortage. Using their numbers and assuming it’s totally true, they say there are 23,000 reporters to cover 3 million depositions. What a crisis! Except when you take three million and divide that by 23,000, you get 130 and change. If every reporter took 131 depositions a year, using vTestify’s own numbers, we’d be just fine. There are about 260 weekdays in a year. Succinctly, if every reporter worked half the weekdays in a year, by vTestify’s own argument, there’d be no shortage. Let’s not forget all of the steno-centric initiatives like Open Steno, A to Z, Stenotrain, and Project Steno, that have taken place since the Ducker Report to bring people into this field. Are we really expected to believe there was zero impact and things went exactly as predicted? I don’t, and you shouldn’t either. Let’s put this another way. If the median salary of a reporter is about 57,000, reporters are only taking home, on average, 5,000 a month gross. So how can vTestify be saving anyone 3k or 4k per deposition when the average reporter is only grossing 5k per month? They can’t. But that doesn’t stop them from saying they can.

We have one decision to make in this field. Are we going to get out there and educate the consumer, or are we going to lay down and let these irresponsible companies fake it until they make it? There’s zero compunction with lying to make a buck, and customers need to know. Smart purchasers have already seen through this BS and stuck with stenographers through thick and thin, and they’ve done better for it. Tried, tested, efficient; stenographic reporters are the way to go. Maybe vTestify will figure that out and make the switch themselves!

Remember all this next time you see somebody peddling a similar product. And next time you’re making a sales pitch, ask your buyer what their monthly budget for depositions looks like. If it’s more than $5,000 a month, I have a few numbers above that say they can save a whole lot by switching to stenography.

Can’t Outspend? Outsell.

When many of us were in school we were given a line, steno sells itself. Many of us can probably relate to that. Most steno companies, upon hearing you’re a professional stenographer, will give you a shot. Many of us in New York came out during a big slump (2010) where steno wasn’t selling itself, but even then, it was trivial to get work. All we had to do was say we’d been working three months, and “they’d” go from sorry no work for you to “oh, here are the keys to the kingdom.” Not all of us knew it, but that’s how it was. Agency owners are good at reading confidence, and what we’re offered is often linked directly to our confidence level.

Of course, the following may be an incorrect assumption on my part, but bear with me: We have entered an era where steno is not selling itself. Company owners are being pulled into the mindset that the voice recognition is “good enough,” and some of the major players, like Veritext, have been pushing recording.

I should note, in full disclosure, that I have not been able to corroborate what I’m about to say with documents or pictures as I usually do. It’s pulled from the social media sphere, so consider it anecdotal for now, and do not be surprised if agencies start railing against social media. Even as some claim that Veritext sent an email stating they were not using recording in states like New Jersey, others have come forward across social media to say yes, this is being done behind our backs. Many of us are reportedly asking lawyers what they’re seeing, and they are seeing digital getting peddled to them relentlessly.

So what do we do when we have major players putting their resources into our replacement? Who here thinks they have more money that Veritext or their owners? Hopeless, some would say. But there is something that many reporters are realizing: This alleged shortage is a great time get private clients and begin new businesses. If Veritext or some entity swears they can’t get a stenographer, some lawyers have allegedly called their insurers and gotten authorization to use a local stenographer or stenographic firm. All their marketing moves and salespeople count for nothing if a stenographer finds themselves in the right place at the right time.

We’re the boots on the ground. We have more contact with law office staff and employees. We have the keys to the kingdom. But the people at the top have made it very clear that they’ll do whatever is convenient for them. It’s time we do the same for the survival of our industry. We don’t work for them? Try it. It might just give us access to their clients. We work for them? Guess who already has access.

Even if we don’t want to handle private clients, we could always network with an existing firm owner out there and get them clients in exchange for the work or a share. If we’re even moderately successful, big companies will be offering to buy back their business from us in a few years, and the field will be a lot healthier once the market share is spread out. Our actions determine the future. The conversation today is steno or digital. Tomorrow it just might be stay steno or slam sand.

Table of Contents

On the suggestion of a reader, the table of contents has been revised to show articles in date order with summaries. Articles or posts that I believe have no more value are omitted from this page but may be found via the search box.

This table of contents is currently under construction. Please use the search box on the home page if you are looking for something specific.



PCRA Wouldn’t Say Whether It Sees the Future Generation as Being Digital Reporters
& What You Can Do About It
7/17/21
This post describes a webinar held by PCRA on June 26, 2021 that platformed digital reporting, why digital reporting is not an adequate court reporting technology, and what court reporters can do to safeguard their associations.

NCRA News. Career Launcher and President’s Party 7/14/21
This post describes NCRF’s Career Launcher, a series of modules to help new reporters. It also mentions the NCRA convention president’s party.

Why I Resigned From the NYSCRA Board and NCRA Strong, and the Future of this Blog 7/7/21
This post dives into why I resigned from several volunteer activities and announces my intention to continue providing industry news.

John Belcher on Winning Depositions 7/1/21
This post showcases information from John Belcher with regard to depositions.

Gartner: 85% of AI Implementations Will Fail By 2022 6/30/21
This post talks about Gartner’s prediction that 85% of AI business solutions will fail and explains why that might be the case.

PAF Steno 6/29/21
This post mentions PAF Steno and the work it is doing to train stenographers.

Thinking of Taking Private Clients? New York Reporter: …Trust Yourself and Go Do It. 6/28/21
This post showcases a Q&A with a New York reporter that was able to double their money by taking private clients.

Over-Engineering Will Hurt Your Business 6/24/21
This post explores over-engineering and the dangers of it in a general sense. It also explains how automatic speech recognition and AI relates to over-engineering.

Steno & Me (Under the Sea Parody) 6/24/21
These lyrics are a parody of Under the Sea from the Little Mermaid set to a steno theme. Immediately after this post was launched, it was discovered that more than 10% of stenographers are also mermaids.

Share Something For Me? 6/22/21
This post touches briefly on how social media algorithms can hamper the spread of information and asks court reporters to share my 6/19/21 article in order to counter false perceptions about stenography in the media.

Relationship Conflicts & What You Can Do When It All Goes Wrong 6/21/21
This post talks about the types of personalities you might run into when buying something from someone. It also proposes a process for resolving conflict. It is geared toward business relationships but can be used for personal relationships also.

Journalists May Be Reporting Black People’s Stories Wrong 6/19/21
This post was utilized in an ad campaign to bring more attention to our field with regard to the study Testifying While Black. Many outlets reported false or misleading headlines regarding the study. This article dives into the dishonesty of several media sources when it comes to stenographic court reporting.

Recording Endangered By Stenography’s Retirement Cliff 6/17/21
This post talks about how the stenographer shortage can hurt the record-and-transcribe modality of taking down the record. In brief, it shows how stenographers are used to transcribe work in many places that have “switched to digital.”

Outreach Webinar by Project Steno – June 6, 2021 6/2/21
This post boosted the 6/6/21 Project Steno/NYSCRA webinar pertaining to high school outreach.

1 in 4 Court Reporting Companies May Be Unprofitable 5/28/21
This post describes a 2019 report by Kentley Insights, explains what zombie companies are, and goes on to suggest that the unprofitable companies in the field are the ones using digital reporting.

Does Stenonymous Spend More On Steno Ads Than US Legal? 5/27/21
In this post US Legal’s LinkedIn campaign to recruit digital court reporters is exposed. The post also shows how Stenonymous has been used to expose thousands of people to stenographic court reporting and contrasts that with US Legal’s apparent lack of a stenographic recruitment strategy.

Vote Yes! NCRA 2021 Proposed Bylaw Amendments 5/25/21
This post advertises the 2021 proposed bylaw amendments and gives my opinion of each.

Court Reporters Speak Up For The Record On Future Trials 6/2/21
This post explores the April 2021 report by the Future Trials Working Group to the New York State Unified Court System. It also showcases association and union response to the report and the reply received by the court system.

MGR Interviewed on the Treatment of Reporters 5/18/21
This post shares my interview with Marc Russo, owner of MGR Reporting, on the treatment of reporters.

CART v Autocraption, A Strategic Overview For Captioners 5/13/21
This post gives information to CART providers to help them cope with the hype and lies surrounding automatic speech recognition (ASR) and sentiments by some that they are replaceable. It talks about how captioners can protect consumers and why consumers need that protection.

Literal v Readable, A Primer on Transcribing What We Hear 5/10/21
This post describes several issues stenographers may run into on the job, including whether to edit something that is spoken or leave it completely verbatim. It explains how context matters in our work.

Paying It Forward with Allie Hall 5/4/21
This post mentions Allie Hall’s efforts with regard to Paying It Forward and how reporters can contribute.

A Primer on ASR and Machine Learning For Stenographers 4/22/21
This post explains some of the technology behind automatic speech recognition and machine learning in simple terms so that stenographers can understand it and educate their clients.

How We Discuss Errors and Automatic Speech Recognition
4/12/21
This post explains automatic speech recognition’s word error rate metric and compares it to how court reporters measure errors.

For Digital Court Reporters and Transcribers, Check Out Steno! 3/1/21
This post was used in an ad campaign to expose digital court reporters and transcribers to stenography and express to them in simple terms why it is better to learn the skill of and work in the field of stenographic court reporting.

Facebook Boosting 101 2/26/21
This post explored the power of paid advertising and showed stenographers how they can multiply their reach by 20.

For Students Saddled With Unpayable Student Loan Debt 2/24/21
This post presents links and resources relating to options students in debt have.

Aggressive Marketing — Growth or Flailing? 2/22/21
This article dives into Fyre Festival and describes how sometimes companies talk a good game even when their product or idea is unprofitable or poorly executed. It also takes a look at VIQ Solutions, parent of Net Transcripts, Inc., and how despite making millions in revenue, VIQ reported over $300,000 in losses.

Help Chris DeGrazio Celebrate International Women’s Day! 2/19/21
Court reporter Chris DeGrazio sought to celebrate International Women’s Day by creating a collage. This post helped advertise it.

Court Reporter Humor – Stenoholics & Andy Bajaña 2/15/21
Stenoholics and Andy Bajana have some hilarious videos related to court reporting. You can get links to them through this post.

Finding Time 2/12/21
This article talks about time management, the importance of scheduling, and using common tools such as calendars and schedulers. It also cautions against taking too much time trying to find the “perfect” tool.

Scholarships & Contests For Students February 2021 2/11/21
This post provides information with regard to 2021 scholarships and contests for stenography students.

You Need 2FA Now 2/10/21
This post talks about two-factor authentication (2FA) and why court reporters need to use it wherever it is available.

Veritext “Provides More Work To Stenographers Than Any Other Firm In The Country” 2/9/21
After reaching out to Veritext for comment regarding what I perceived as a nonsensical and incongruent recruitment strategy, I reached out to Veritext for comment.

Need Continuing Education? Consider CCR Seminars. 2/8/21
This post breaks down the value of one private court reporting education company, CCR Seminars.

List of New York Agencies 2/5/21
This post provides a list of New York agencies in spreadsheet format.

The Ultimate Guide To Officialship (NY) 2/4/21
An anonymous person had been harassing me for several years. One of their “gibes” or implications was that I was an official reporter that posts a lot about freelance and I should post more about officialship. So I did.

Collective Power of Stenographers 2/3/21
This post is a mathematical demonstration of the power of stenographers. Often, stenographers share posts from companies or electronic recording companies as gospel. This post notes that reporters collectively have more money and power than any organization.

For The Record Documentary Goes Free 2/2/21
This post reported Marc Greenberg’s announcement that the For The Record documentary would become free.

NYSCRA’s CRCW 2021 & My Thoughts On The Future 2/1/21
This post announced several NYSCRA plans for Court Reporting & Captioning Week 2021 and explained why reporters must stand by their associations.

Can Freelancers Apply For Workers Compensation Benefits? (NY) 1/29/21
This post explored under what circumstances an “independent contractor” could attempt to claim workers comp benefits in New York.

GGU Presentation & Why You Matter 1/28/21
This post talked about Ana Fatima Costa’s presentation for Golden Gate University, Court Reporter Tips Every Lawyer Needs To Make the Best Record. It also went on to describe how any reporter can make an impact.

Beware Commercial Leasing Agreements for Equipment 12/27/20
This post explains commercial leasing agreements and how they can be very costly traps for reporters if reporters do not fully understand the agreement.

Can You Hear Me Now? Computer Parts For Steno Made Simple 12/22/20
This post explains to court reporters what they’re looking at when buying computers. It gives simple descriptions of components and how to make good purchasing decisions. It also provides simple troubleshooting tips or ideas.

What Law Offices Need To Know About A Court Reporter Shortage 12/15/20
This post was used in an ad campaign to explain the court reporting shortage to law offices. It focused heavily on combatting misinformation about our shortage and explained where stenographers could be found.

Remote Notarial Acts Executive Orders (NY 2020) 11/5/20
During the pandemic the governor of New York issued an executive order which allowed remote notarial acts. This post tracked the orders and extensions for court reporters.

Trolls and You 10/17/20
This post explored trolls-for-hire and exposed how cheap it could be to organize a misinformation campaign. The post also noted examples of likely trolls. It also counseled against the advice “don’t feed the trolls” and explained the importance of not allowing trolls to dictate the conversation.

The Question To Ask Yourself When Viewing An ASR Demo 10/10/20
This post compared several high-profile technology buys to automatic speech recognition technology and its dearth of such purchases. It also showed that ASR technology by the biggest players in the business was inadequate for court reporting.

Turning Omissions Into Opportunity 9/19/20
This post explored several omissions in the media regarding court reporting and demonstrated how court reporters can use these omissions to inform journalists.

What Verbit Leadership Needs To Know
9/12/20
This post appealed to Verbit leadership and pointed out how exaggerated claims could make the company look bad.

How To Spot More Better Marketing 8/25/20
A short guide on seeing through puffery.

Common Scams 8/18/20
A guide to spotting scams that may be adaptable to our industry.

August Asterisks 2020 (Jobs) 8/13/20
An August 2020 post about jobs that were available.

StenoKey, Stenographic Education Innovation? 7/1/20
A post about StenoKey, an educational program by Katiana Walton.

Stenonymous on VICE News Tonight 6/18/20
A post covering my TV appearance regarding the Testifying While Black Study by Taylor Jones, et al.

June Jettisons 2020 (Jobs Post) 6/16/20
A June 2020 post about jobs that were available.

Expedite Legal, Enhancing Coverage Nationwide? 6/15/20
A post covering Expedite Legal, an app service connecting lawyers to legal service providers like court reporters.

Check Out 225 and Beyond (Beware of Busywork) 6/14/20
A post promoting the work of Euan Williams.

How Organizations & Associations Work 6/13/20
A post that explains how associations work and the volunteer structure of them.

May Machinations 2020 (Jobs Post) 5/12/20
A May 2020 post that described available jobs.

NYSCRA Student Webinar May 2020 5/5/20
A post advertising the May 2020 NYSCRA student webinar.

Stenopalooza was POWerful 5/3/20
A post summarizing Stenopalooza 2020 and NCRA STRONG

Pricing Pages In A Market of Fear 4/6/20
A post that discussed supply and demand and the dearth of work in our field at the start of the 2020 COVID-19 pandemic.

April Applications 2020 (Jobs Post) 4/1/20
An April 2020 post about jobs that were available.

Steno Shortage Stats March 2020 3/14/2020
This post gave fast facts reporters could keep in mind when discussing the stenographer shortage.

What Verbit Investors Need To Know
3/4/20
This post investigated Verbit’s series A funding claims and compared them with series B funding claims. It also explained how a cost savings estimate by STTI was pathetic.












To Our Litigators

RE: Stenographic Reporters

If you’re reading, I’m going to hope you’re the kind of lawyer that we all look up to. You’re responsive to clients, you’re honest with potential clients about what you can do for them, and you’re ready when it comes to filings, motions, discovery, or trial. Maybe you’re the one at your firm tailoring your service to your client’s budget, or maybe you oversee someone doing that for you. But the end is the same, giving the consumer the best value for the budget.

That’s what urges me to write today. There has been a lot said about “AI” transcription and digital recording versus stenographic reporting. There has been a lot said in my field about the Ducker Report and a forecasted shortage of court reporters. Some brave companies are turning to remote reporting, where legal, to allow a stenographer to appear remotely. Other courageous reporters are doubling their workload to meet your demand.

There is one solution that’s come out known as digital reporting. The main idea is that someone will record the proceedings, run it through a computer program, and then someone will fix up what the computer does. Perhaps unsurprisingly, this is what we stenographers actually do. The major difference is we are stenographically recording (typing!) every word, and the computer is accepting that stenographic word and turning it into your English transcript.

The bottom line is: It simply ends up being more efficient to do it our way. One person, perhaps two, can stenographically record and transcribe an entire proceeding and have it to you that night or the next morning. For your dollar, there’s just not better value. Stenographers type four to five times faster than your average typist, so to finish the same proceeding, we are talking about four or five times the usual turnaround time for transcribers, or four or five times the staffing. Take the number of stenographers you have today, and multiply that number by 3, 4, or 5. If you think there’s a shortage and/or workflow issues now, imagine a world where you need five court reporters to put together your one proceeding. Imagine a world where the transcript is questioned and you need to bring those people in to testify instead of one stenographer.

Trust me when I say the firms switching to digital reporting or demanding you change your deposition notices to allow digital reporters are not saving you or your clients any money. Ever notice how there are almost never prices posted online for services? That’s because most of these companies act as middlemen. They make an agreement with you or the insurer, and then they make an agreement with us, the stenographers or transcribers, and they keep what’s in the middle. It’s really that simple. I would not be surprised, as a stenographer, to learn that I only made $3.25 a page on some of my old depositions with 25 cents per copy while the agency I worked with charged whatever they charged. 5? 6? 7? I don’t know. I only know that when I consulted a lawyer, the lawyer wanted almost 15 dollars a page if my case went to depositions.

I’ve been a stenographer for a long time, and I see two roads that you, the litigators, may take. You can let the sellers decide the market, and eventually stenographers won’t be an option, or you can make a sustained demand for a stenographic reporter at every dep. When lawyers start turning to direct market apps like Appear Me, Expedite Legal, and NexDep to get stenographers, those agencies pushing the digital and AI will jump on board and do whatever it takes to increase your supply of stenographers and get your business back.

Stenographers have been serving the legal community for decades. There’s been a push in recent years to do away with us because of a public perception that our methods are antiquated. Ironically, the people leading this charge are the companies we trusted with selling our services. So to our litigators: You now know all I know, and the customer is always right. Which will you choose?

The Audio Sink

We’ll try not to pontificate too much beyond the title, but it’s time to jump right into discussion on Audio Sync technology. For a quick overview to newbies, the aptly acronym’d AS is basically an audio recording contemporaneously taken with your stenographic notes that allows you to jump to that place in the audio where your notes were taken.

It’s a wonderful tool that’s revered by newbies and seasoned reporters alike. It’s a great thing. It was impressive when it came out and remains an impressive feat of technology today. All that acknowledged, it’s time to put out some caution for the newbie or seasoned writer that utilizes it. Many will have seen these ideas or perhaps assume everyone already knows these things. We’ll assume the weakest link doesn’t and strengthen the chain.

First thing is first, if you’re going to use it, it’s not good to rely on it. Computers are funny. Sometimes they appear to be recording but aren’t. Sometimes they’re recording so much background noise it makes the audio useless. Sometimes you, the operator, forget to turn on the mic. It can be beneficial to pretend you do not have it. As saying goes, if you didn’t hear that answer, don’t assume the microphone did.

It can be beneficial to take jobs without it for three reasons. Firstly, it gives you an accurate idea of where you’re at. If you need a repeat every few seconds it feels awful, but it gives you an honest understanding that when you find some time, you need to work on that speed, or work on that particular accent, or improve whatever is going wrong within your control. There are resourceful tricks we often only come up with if we are forced to get it and do not allow ourselves to “let the audio catch it.”

Then there is also a boon to your wallet. If you rely on audio, then you listen to the entire deposition over, and it can literally double or triple your transcription time to listen to something more than once. Time is money, and very few of us have time to spend listening to every job over. Learning to read misstrokes and getting to glide from word to word will save you time and money in the long run. In the short run, you can also listen to music while transcribing.

If you’re planning on taking an employment test, the ability to walk into a job without audio is priceless. Your transcription skills and on-the-spot resourcefulness will be as sharp as it gets. You will have the ability to cope with getting it under pressure.

In the view of many, AS has done wonders for the field, but also hurt us badly. We graduate at 95 percent accuracy. Many of us go on to let the audio catch it, resulting in lower accuracy, longer transcription times, and tougher times passing examinations for certification or employment. This isn’t to ostracize those among us that use it or even rely on it, but to encourage that occasional job where you shut it off and let yourself develop skills in polite interruption and writing resourcefulness that this generation of reporter just hasn’t had to develop.

Veritext Update, March 2019

Introduction & History.

First and foremost: This post is going to get into past history and then go into more recent history. In the more recent history, in order to prove that what we’re saying is true, there are screen shots of a person’s LinkedIn social media. We’re free to discuss that and we’re free to say how we feel, but any reader that comes here should be aware that harassment, bullying, menacing, stalking, and defamation are all amoral and illegal. Those things may all open you up to criminal and civil action. If you use our steno news as a gateway for antisocial behavior, do not be surprised if you get police at your door.

Now onto history. Veritext was a leader in working to bolster stenography. A quick Google search will show you that assuming all the media out there to be true or partially true, they are a partner to NCRA and do or did, on some level, and sometimes on an astounding level, support the stenographic methodology for taking the record. It is hard to tell if what follows is a case of Yes, Prime Minister’s advice on backstabbing or a case of the principle of hedging. Veritext proceeded to buy out a lot of stenographic or court reporting companies, including Diamond Reporting here in New York. Next, we caught wind that Veritext was advertising to attorneys that they should change their deposition notices to add language of “stenographic or other means”, presumably so that Veritext could choose to send digital reporters to jobs.

This all ended up culminating in a post where we mirrored SoCalReporter’s ideas and said: We need to stop beating each other up about where we work and start talking solutions. Guess what happened? People started coming up with solutions, and content, and even going so far as to create watchdog groups. We have said this before, but we are seeing a memetic shift. The reporting zeitgeist of silence is over. There are hundreds of voices blogging, talking, and working together to come up with new ideas.

Today & Tomorrow.

So that brings us to the end of February 2019. A woman named Gina Hardin, purportedly a VP of Sales at Veritext, wrote or posted an article about digital reporting being the changing landscape of reporting. There was a great deal of chatter about this, culminating in the post being taken down the night it was posted, and an immediate declaration from Veritext that the post was posted by a former employee and that they had nothing to do with it, honest. This doesn’t pass the colloquial “sniff test” or SMELL test for being true. Why would a former employee try to drum up business for a past employer? In this country, with so few rights for workers, what employee would ever go out on a limb and post something like that without their employer’s explicit permission? Unless you work for the government or have a contract saying otherwise, you can be fired for any reason or no reason, even a made up reason, just not an illegal reason, of which there are very few. The whole thing just doesn’t make sense. And if she’s a former employee, apparently nobody told her, because as of March 2, 2019, she was still listed as working at Veritext, but under the name Gina H. It’s all but undeniable that Veritext is pushing digital, including hiring via their website.

Now, here’s the deal: Some people went online and talked about the typos in the article, or even had personal attacks. It’s not about her. As best we can tell, she’s an employee doing a job, and probably doing it damn well. We make a thousand typos a day unless we’re Super Stenographer. Stenographers, and the entrepreneurs among us, should really be looking at teaming up with salespeople like that who’re dedicated to their job and willing to put themselves out there. Though we have not yet gotten a chance to interview Eve Barrett of Expedite Legal, one of the things she’s alluded to online is there’s an amazing power in human-to-human marketing because of this digital, faceless world. Who is going to be better at human-to-human marketing than someone who is willing to attach their face to the product and pitch? We wouldn’t be surprised if there are stenographic companies looking to poach Gina H. or salespeople like her right now! There’s huge money in this field. Nearly every big agency has a satellite office in every borough of New York City and a cadre of dedicated employees — in other words, there is money to be made in this field, and we shouldn’t be afraid to hire talent when it means a bigger return. Success is often a matter of intelligent delegation. As stenographers, we often let our penchant for perfectionism stand in the way of hiring help and building our brand, perhaps to a fault.

But where does that leave us? Well, we need to recognize that Veritext is apparently willing to lie. Freelancers need to recognize that group boycotts by competitors may fall under antitrust violations. Reporters everywhere need to start acknowledging that the best way to beat ’em might be to just start grabbing clients. It’s time for us to get serious about funding our associations and demanding marketing and entrepreneurial courses. These companies all exist because they got clients off of somebody else. Individually, they may seem bigger or stronger than us because they can outspend us one-on-one, but there’s an inherent power in the fact that if thousands of reporters were to compete directly with them and start poaching clients — which is perfectly legal unless you signed a contract saying you wouldn’t do that or stole a trade secret — they’d be SOL.

For the most ambitious, start looking at fundraising. Start considering all the ways companies come into existence. You very well could be the next nationwide conglomerate. As a matter of fact, if you’re in Illinois, New York, California, or Texas, you are in one of the largest court reporting states in the country, and you have a real shot at seizing the market. Companies rise and fall — but your career is in your hands.

We look forward to the day Veritext sees it’s on the losing side and starts throwing its weight behind stenography again. We look forward to dutifully reporting that right here on this blog. But until that day comes, we encourage fierce competition in this market. Don’t be complacent. Maybe someday we’ll get SLAPP’d for standing up for our profession, but we’re happy to take the heat so that you don’t have to. Be involved. Encourage others to get involved and start building their brand. Know that you are making a difference in how the market and our day-to-day jobs develop.