Proof The Court Reporter Shortage is A Digital Court Reporting Advertisement

I was sent this by a contact over social media. It’s labeled as an advertorial. And that alone gives us enough to pick it apart and figure out what it’s selling. It’s written by Christy Pratt, VP of Veritext Canada.

Veritext releases advertorial about the court reporting shortage, strengthening Stenonymous arguments that the court reporter shortage is being exaggerated and exacerbated to artificially increase demand for digital court reporting.

It goes a little into the history of reporting to give the rest of the piece some credibility. I have no problem with that. But then it gets to its main sell: The shortage is real and times are changing! Hey everybody! Did you know times change? You can trust the rest of the advertorial because the author is making perfect sense up to this point.

Veritext advertorial showcasing that the shortage is being used as a selling point for digital court reporting.

Remember, this is posted to Trial Lawyers of BC. It’s clear who the audience is. They don’t want lawyers to complain about the transition from steno to digital, where the author admits steno is still in heavy use. They want to paint digital as the solution. It’s much easier to tell someone what they want is not available instead of telling them you don’t want to give it to them. It’s a lie to limit consumer choice.

It’s worth noting that the shortage isn’t as bad as it was forecasted to be in America and that the Speech-to-Text Institute’s Jim Cudahy left the field when I accused him of fraud for spreading court reporter shortage disinformation. It’s also worth noting that Veritext is represented in the Speech-to-Text Institute’s leadership by Adam Friend, VP of business development, and has not made any attempt to correct the misleading information put out onto the market by STTI. Misleading information that threatens the futures of ourselves and our students, by the way. Does anyone believe that Veritext, a multimillion dollar corporation that benefits financially from the expansion of digital, would not spread the same lies in Canada?

I’ve had people lie to me over $5. When the future direction of an industry is at stake, does anyone believe this isn’t fabricated? And I’m sure I have a detractor or two who would point at me and say the same, but let’s be real, in my wildest dreams Stenonymous makes me maybe a million dollars someday because some rich person realizes how much fun it would be to set me loose on the world or Veritext realizes my creative genius can be bought (in reality, I lose money on my media activities, even with the support of my wonderful audience.) This industry is close to $3 billion annually by estimates I’ve seen. Who has a greater incentive to lie? And it’s not like they can claim they don’t know about my research now. They’re basically using my arguments on AI to make the case for why court reporters won’t be replaced. I’ve basically never had better proof that Veritext execs read the blog and understand at least part of my work.

To make matters worse, a source inside a big box is saying the nickel and diming of stenographers is getting worse despite the alleged demand. If they’re chipping away at the incomes of high-end realtime reporters, the average reporter isn’t going to stand a chance.

Reporters, organize and resist or be ruled by people that don’t care if you have a good life. That’s all there is to it. I know my methods come off as extreme, but it’s an extraordinary case where an entire profession is threatened with extinction based on a lie. It’s a classic what-would-you-do scenario, and I’d like to think that if every reporter had the same statistics and information that I have seen and published, they’d be just as outraged. They’d fight just as hard, and maybe harder.

I’ll continue my quest to slay the windmills. Wish me luck.

Shortage Solutions 16: Looser Deadlines

It seems almost a waste to make this its own post, but the thought occurred to me that if the shortage was really a pressing concern and something the agencies wanted to help alleviate, they might just take work a little later.

It varies from case to case and isn’t something that can be done everywhere, but in general, at least in New York, the deadlines have remained the same over the years. If anything, they’ve tried to demand transcripts even sooner than the two-week turnaround that existed when I started out.

It would not only enable individual court reporters to take more work, but also help draw the existing pool of reporters to an agency that’s easier to work for rather than trying to squeeze them for every ounce of productivity they can.

It’s not CoverCrow, but it’s still an idea.

TransAtlantic & Stenograph Partner

Had the pleasure of viewing this interview between Stenograph and TransAtlantic about their new partnership. TransAtlantic’s David Ross, Secretary/Treasurer of the Speech-to-Text Institute, mentions during the interview that a machine will “never, ever, ever” replace the reporter. I found the interview to be seeded with more generalities about the shortage. It came across to me as trying to sell the idea of shortage.

Mr. Ross did have a lot of positives to say about stenographers, “And we’re very proud of them and honored to have them and I just wish there were more.” But the direction of the company seems clear, it’s going to be about digital court reporter integration. He even mentions the possibility of stenographers switching over to “try something new.” Towards the close of the interview he notes we should never be threatened by technology and keep an open mind. But those of us that dispute the severity of shortage are open minded. Most of us had to be convinced by math and science that there was a problem with the numbers and narrative being distributed to the public. Why has there been a push to get stenographers to go digital if digital is so easy to recruit and train for?

It’s tough for me. I personally see many companies coming and saying they have a shortage, but I see little in the way of communication. They’re largely not on our Facebook groups, not using PRO Link, not using recruiters on LinkedIn, and not asking our associations for help. This is why I am generally suspicious of the narrative being sold at every turn: “The shortage is insurmountable, you must change, or else.” It’s fear appeal propaganda. I do it too, but for truth.

This comes after US Legal Support’s partnership with Stenograph in October.

Addendum:

Stenograph and Project Steno partnered soon after.

Bulletin: Court Reporter Shortage or Fraud?

Law360: A Dire Court Reporter Shortage? Depends on Who You Ask.

Certain court reporting companies are exaggerating and exacerbating the stenographer shortage for the purpose of selling digital court reporting to lawyers/courts/consumers.

Veritext, US Legal Support, and Planet Depos have all publicly made statements about the unavailability or shortage of stenographers while putting most of their effort into expanding digital court reporting. Succinctly, utilizing their market share to obfuscate the availability of stenographers and artificially increase digital court reporter demand. It is unknown whether this is concerted or a form of tacit parallelism.

The resulting atmosphere is also misleading to those seeking a career in court reporting.

The nonprofit Protect Your Record Project was formed to educate consumers on the bait and switch tactics occurring in the court reporting industry.

In 2021, US Legal Rep Peter Giammanco wrote, “Does it really matter if done legally and ethically and both methods end with the same final transcript?” A consumer awareness campaign was subsequently launched. There are questions about whether digital recording is reliably the same as stenography. In one New York case, the court remarked that past holdings that recording was equivalent to stenography were belied by the record in that appeal.

Companies continue to profess shortage while placing the bulk of their effort into expanding the digital reporting market, effectively limiting consumer choice and ignoring consumer preference for stenography. The 2013-2014 Court Reporting Industry Outlook is used to add credibility to these claims, but that forecast is nearly a decade old and does not account for recruitment initiatives such as National Court Reporters A to Z, Project Steno, and Open Steno.

Attorneys, courts, and support staff can attempt to find stenographers or stenographer-run businesses through their state court reporting association or NCRA Pro Link.

The FTC has stated it will crack down on companies taking advantage of gig workers. It is unknown how this will affect court reporting, a field that is approximately 70% independent contractors according to available data. It is also unknown how rampant misclassification may be in the field.

Stenonymous (Christopher Day) is dedicated to informing the court reporting and legal community and has faced legal threat for accurate reporting in the past.

Does this look like they’re looking for stenographers?

Members of the community that wish to support advertising for this bulletin may send money through the donation box at Stenonymous.com.

Readback Seeks Reporter in Charge After Smashing Steno Machine

Readback, the company most known for declaring it’s going to do away with steno and making bogus claims, is on the hunt for a reporter in charge in California.

Active Readback seeks stenographer after bashing steno.

I cannot think of a company that has made it more clear that they hate stenographers, and stenographers would do well to lock them out of the California market’s whole licensing scam by just not working for them. It’s very simple. The data we have today is that stenography is more accurate. They effectively advertised wanting to be less accurate. In a field that’s all about accuracy, consumers and court reporters are going to run the other way. As for this game of “oh, your poor joints…” Maybe we were gullible enough as an industry to believe such a thing half a decade ago, but not now.

One has to wonder if the business types have taken notice that we are allegedly on our way out and have this massive retirement cliff, but we are able to organize, get legislatures to act on our behalf, and just generally be a pain in the ass of anybody that wants to eliminate positions for our students. It’s almost as if the data they were relying on is wrong. I wonder who could have predicted that?

Perhaps this message goes beyond the businesses and meets us directly. We have value for as long as accurate court records have value. A major part of the game is learning and pricing that value. Another part of the game is communicating the value of accuracy in a way that only we really can. A third piece is realizing that organization constitutes part of our value. The more we are able to organize and fund associations or entities that will advertise and advocate for the profession, the more collective benefit we pull.

One thing is clear: Stenographers will not let the shortage be the scapegoat for our replacement. Readback, what’s your next move?

Veritext Partners with John Jay College on Digital Court Reporting

I’m informed that John Jay is now partnered with Veritext.

Of course, I object to this for many reasons. I still believe that stenography will lead to better accuracy outcomes, particularly for minority speakers. In the Testifying While Black study, stenographers were only 80% accurate taking down African American Vernacular English. Laypeople were 40% accurate (pilot study 1). Since emphasis in the above examples is on short-duration training, which accuracy level do we expect from digital reporting?

If Veritext wasn’t threatening the futures of our students with its lies and misinformation, I’d admire the company for its brilliance. It’s set up to earn money from digital, at least according to Twitter.

“They require you to buy their equipment…”

Of course, we still have the fact that we are honest, hard-working people on our side. We still constitute the majority of workers in this field. Our collective voices can still win this. We have a choice to remain silent and resign the future to the agendas of others or resist and lead this field into its next iteration.

Link 1, Link 2, Link 3

Thank you to my readers for informing me of this development. Without you, what am I?

If you have ever doubted that we are under attack as a profession and that the incomes and outcomes of our students are at risk, here is your sign. It is time to be bold. It is time to stand up for the profession that has given us so much. Share this with your fellow colleagues so that they know what’s happening and can begin to talk about solutions.

Shortage Solutions 14: Migration

I recently had an exchange on Facebook where I had to explain my stance on the shortage. For those that don’t know, the Speech-to-Text Institute has weaponized the shortage against stenographers, claiming it is impossible to solve or irreversible. Their statistics ignore the recruitment over the last decade and use the shortage to say that digital court reporting must be used. They also ignore that we have survived shortages before. Basically STTI is marketing for digital court reporting masquerading under the banner of supporting all three modalities of spoken word recordation.

What inevitably happens is that my nuanced stance on shortage gets lost. People see me speaking against the current industry paradigm and it confuses them. The reason for this confusion is simple. As of the Ducker Report, more than 50% of court reporting was estimated to be in California, Illinois, Texas, and New York. Those states all had a forecasted supply gap in the hundreds or thousands. Reporters that come from those states, possibly the majority of reporters, will be noticing the shortage more than other states.

I believe one additional way to solve our problem is to begin cross-state recruitment. My financial resources are tapped at the moment, but this is something any association or organization with some time and money could try. Basically, when Ducker came out, it told us some states would be facing surpluses, some states would be facing a one-digit supply gap as of 2018, some states would be facing two or three-digit supply gaps. Then California was in a league of its own, with a supply gap of over 2,000 predicted in California.

Stated another way, the states with bigger shortage concerns can begin a targeted campaign to bring reporters from states with smaller shortage concerns. I pledge to use Stenonymous to make announcements for any association that wants to put out a press release or post along those lines. I can also help with crafting a social media ad for an interested organization. I’ve built this thing out and I have readers in many states. Stenonymous is an avenue to get stenographic news out. Please don’t hesitate to contact me at contact@stenonymous.com. Consider the blog a resource for you.

Here is a list of the states and where they stood on the forecast. You can get this information from page 14 and onward of the Ducker Report.

Surplus:

Delaware, Florida, Kentucky, Louisiana, New Hampshire, Wyoming and Vermont.

Single Digit Supply Gap:

Alaska, Hawaii, Maine, Montana, Rhode Island

Double Digit Supply Gap:

Alabama, Arkansas, Colorado, Connecticut, Idaho, Iowa, Kansas, Maryland, Massachusetts, Montana, Nebraska, New Jersey, New Mexico, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Utah, Virginia, West Virginia.

Triple Digit Supply Gap:

Arizona, Illinois, Indiana, Michigan, Minnesota, Missouri, Nevada, New York, North Carolina, Tennessee, Texas, Wisconsin.

Quadruple digit gap:

California

Conclusions:

California and the triple-digit states should make efforts to advertise to reporters in the surplus and one-digit states. Notably, some of those states have a very low overall forecasted supply. Going by the forecasted supply, it would make sense to prioritize recruiting from Florida (915), Louisiana (750), and Kentucky (330). Recruiting from Delaware, New Hampshire, Vermont, and Wyoming might not be viable because all of those states were forecasted to have a supply under 100 and very small surpluses. Obviously, the surplus states were not forecasted as having a large enough surplus to cover the shortage, so recruitment is still important, but a bit of migration might solve more immediate staffing needs.

Again, this particular idea cannot solve the shortage by itself. It is just one idea in the sea that is court reporting recruitment, and I hope sharing it helps spread ideas.

Our Shortage is Not the Only One Being Exaggerated

A good friend passed me this New York Times opinion article, “We Know the Real Cause of the Crisis in our Hospitals. It’s Greed.” In brief, nurses are being pushed out under the guise there’s a shortage. In truth, their working conditions are just horrible and they’re moving on for greener pastures. This blurb from the article says it all.

This image has an empty alt attribute; its file name is img_4369-1024x685.jpg — Nurses are fighting the same war as stenographers. If that doesn’t give you pause, keep reading.

Funny enough, this is happening in emergency medicine too. Emergency physicians are being pushed out for nurse practitioners, as told to me by Dr. Mitch Li of Take Medicine Back. TBM’s rallying call? “Taking back contracts, livelihoods, and our values.” There are even two holding companies with investments in the emergency medicine staffing business helping drive out working physicians. Sound familiar?

In social work, I’m told by my mother, Dr. Dawn Picone, that at least in New York City, psychologists were pushed out for LCSWs and LCSWs are now being pushed out for BSWs. We often think of ourselves as unique. But knowing that other professions are under the same corporate corner-cutting attack leads me to a conclusion: We are not alone.

Why is this good news for the stenographic legion? It means that the playbook being used by the Speech-to-Text Institute camp and their new pet Stenograph isn’t new. Claim shortage, make the shortage seem much worse than it is, and get customers to accept lower quality under the false premise that there’s nothing else to be done. This a plan copied and pasted from other industries, meaning they don’t have the creativity or intelligence to deal with the massive counter-push of stenographers nationwide. We, on the other hand, emanate creativity. Faced with what we were falsely told was an insurmountable shortage, we took immediate steps to beat it. We created and continue to nurture a bonding, organization, and community that other professions are jealous of. I suspect we are on track to recruit enough court reporters to not only cover every deposition in this country, but also to retake our courts one by one. We truly are guardians of the record, and our guardianship extends well beyond what we’re paid to protect. The digitals are joining us and leaving their corporate masters in the dust. It’s a beautiful thing.

As a musing, I love StarCraft. At the end of the first chapter, the fictional megalomaniac, Arcturus Mengsk, gives one of the best speeches in video game history. I’d like to parody/steal the end of it: “And to all the enemies of stenography, seek not to bar our way, for we shall win through no matter the cost.”

On the issue of video gaming, I’ve reviewed the Readback video starring Bottles the Mole. I’ll be making a fuller post on that sometime within the next seven days, and explain why several things he says are wrong, stupid, or generally shortsighted like Bottles. Until then, enjoy Googling Bottles the Mole.

Shortage Explained

I am beset by claims that I do not believe there is a shortage. Then, in a recent social media post, a court reporter came on stating that she felt hopeless and that she felt the companies are gaining ground. Below is what I wrote. It is a summary of all my research as of today.

“There is a shortage. It’s being exaggerated and exacerbated by Veritext, US Legal, and the Speech-to-Text Institute. Digital is not cost effective. The companies are picking up speed because they literally have no choice. We blew open their deception of student consumers and started reporting it to the FTC.

We are solidly more powerful today. The reason we feel smaller is because we are fragmented and operating on incomplete information. What do I mean by that? Well, we are by best estimates about 28,000 strong. All told, by 2033, we probably need to be about 30 to 33,000 strong. When you multiply that 28,000 by the median stenographer salary of 61,000 you get about 1.7 billion. We represent $1.7 billion of an industry that is approaching $3 billion. The goal of the companies is to encroach on that $1.7 billion.

There is hope. The companies may be operating at a loss on the premise that they can jack up the rates when we are defeated. The concept of a company operating at a loss is called a zombie company. A lot of big names you know are zombies or have made massive blunders. Uber’s a zombie. Zillow burned billions in market capitalization believing it could trust its algorithms to buy homes. These big companies don’t sound scary when you realize they can make simple mistakes that cost them large percentages of their value, do they?

But this requires our continuous recruitment and training of stenographers. We should band together as a field and start talking about things like relocation funds where necessary. There are many creative things we can do with the power that we have. But it requires talking to each other and keeping hope.

We know from Richter’s rats that hope likely makes people superhuman. I suspect that’s why we get stories like the mom who fought the mountain lion off with her bare hands. Physically impossible, but apparently happened? And compared to things like that, our problems are easy to solve.

We’ll win if we try. The dirty tactics being used against us wouldn’t be necessary if our fate was inevitable.”

How To Report CR Antitrust Violation to FTC

ESYOH Used to Misrepresent NCRA’s Commissioned Forecast

This is also why I revamped the payment system on the Stenonymous.com home page. The fact remains that if each reporter made the suggested monthly $5 donation or annual $60 donation, by best estimates, this blog would have a larger annual budget than Veritext and US Legal combined. That’s enough money to end the shortage (assuming $1 to $2 per engagement) and advertise what’s happening to about half the lawyers in the country. I’m grateful for the outpouring of support and the people that have spent well over the suggested donations.

I still have cards up my sleeve. So, even assuming the blog receives not a single penny more, thank you all for your trust in me. Stay tuned for big news expected the weeks of January 24th and January 31st.

Becki Joins the Stenographic Legion!

At the end of August I posted Becki’s video and wrote about the importance of social media. I also pointed out the preposterous equation that US Legal posted on JD Supra. It was a defining moment for this field. Somebody on the internet who saw us in court was doing a better job at promoting us than the $100 million corporation. That gave me the courage to publish some very heavy content.

In Becki’s video, she talked about jury duty and her observation of the stenographers. In another video recently released, she unboxed what appears to be a student stenotype and revealed she was going to try out NCRA A to Z.

Similar to the way she taught me courage, Becki is teaching us all another important lesson. What if we, as a profession, hadn’t shared her initial TikTok? What if Regina DeMoville had not taken the time to talk to her? What if we all just sat back, said “that’s nice,” and went on to the next thing? People like Hauntie, Regina DeMoville, and Becki’s mom changed the future because they cared enough to try. I don’t know Becki, but she also deserves a lot of praise. In a world full of propaganda, she saw truth and picked up the tripod.

By treating people like people, we come that much closer to solving our stenographer shortage. Similarly, by continuing to support our students and people that try out steno, we’ll drive down the failure rates. Please do the decent thing; take the time to sign up as a mentor or take an interest in what students are doing. A word of encouragement or lack thereof can make or break a career.

Those that refuse to treat stenographers as people? They will be dealing with me.

And I am hardly alone. The businesses that support stenographers are ready to grind the ones that don’t into dust.