Small Law Firms

Being Nice To Court Reporters Has Advantages

The legal community is much smaller than lawyers like to think, and it is likely that court reporters will see the same attorneys over and over again, especially if a court reporter specializes in a practice area in which the attorney works.

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A few weeks ago, I wrote an article about how court reporters deserve more respect within the legal industry. The piece was well received, and numerous court reporters and other legal professionals sent me emails about how lawyers sometimes treat court reporters poorly and do not show these professionals much respect. To me, it makes absolutely no sense to be disrespectful to court reporters, both because court reporters are hard-working professionals and because court reporters can make a lawyer’s life much easier. There are a few important ways that being nice to court reporters can help an attorney in her or his practice.

Firstly, being nice to court reporters makes it more likely that court reporters will do favors for an attorney. Lawyers often need to ask court reporters for favors during the course of a deposition or after a deposition has concluded. Attorneys may ask that prior portions of the transcript be read back during a break or between days of a deposition so that a lawyer can be absolutely certain of what was said by a witness. In addition, lawyers may need to check exhibits that were exchanged during the deposition and before the transcript has been circulated. Court reporters are far more likely to do such favors for lawyers who treat them better, so lawyers who disrespect court reporters do so at their own peril.

Lawyers have their own opinions about when conversations should be included in the record or off the record, and court rules sometimes speak to this issue. However, in reality, court reporters have a substantial amount of influence over which conversations will be considered part of the record and included in the transcript and which conversations will be considered off the record and excluded from the transcript. This can have huge implications to the impact of a deposition.

One time, earlier in my career, I was taking a deposition, and the court reporter was a person with whom I was very friendly. During the deposition a nasty back and forth happened between me and my adversary in which my adversary said some pretty harsh things that were pretty unprofessional. Even though the exchange was mostly a poor reflection of my adversary, I still did not want my bosses to see that there was bickering going on if they ever read the transcript. Although I said “off the record” several times during the back and forth, I was not sure if the court report kept the exchange off the record. Thankfully, the court reporter did keep the matter off the record, and the court reporter decided the matter the way I wished, which was a relief.

Court reporters often need to go above and beyond their job description, and they are much more likely to do so if they like the attorneys with whom they are working. Sometimes, court reporters will establish a phone connection with their own phones so that parties who are running late or cannot appear at a deposition in person can participate in the proceedings. Moreover, depositions often take place in unusual locations, and I have personally attended depositions at homes, hospitals, churches, schools, fire houses, restaurants, American Legion buildings, and a variety of other locations. In some of these situations, court reporters were subject to some extremely uncomfortable conditions, such as sitting on the floor or being cramped together with numerous lawyers and the deponent. I have to believe that court reporters would be much more willing to accept such irregular jobs if attorneys on a case are being nice to them than if they are not.

Being nice to court reporters is also advantageous since it is always nice to have someone to talk to during depositions. When a lawyer takes a deposition and there is only one opposing counsel with a client, there is often no one else in the room to talk to during breaks in the deposition for meals and to give the deponent a few minutes to rest. It can be extremely boring to just sit there by yourself without interacting with anyone socially.

It is therefore a great idea to be nice to the court reporter and strike up a conversation. Not only does this help fill the time, it also helps create a social connection with the court reporter. The legal community is much smaller than lawyers like to think, and it is likely that court reporters will see the same attorneys over and over again, especially if a court reporter specializes in a practice area in which the attorney works. As such, it pays to be nice to court reporters and create a social connection.

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All told, making friends with — and being nice to — court reporters can have a number of benefits, and it is also just the right thing to do. Lawyers should try more to extend courtesies to court reporters in recognition of the important role they play in the legal profession.

Jordan Rothman is a partner of The Rothman Law Firm, a full-service New York and New Jersey law firm. He is also the founder of Student Debt Diaries, a website discussing how he paid off his student loans. You can reach Jordan through email at jordan@rothmanlawyer.com.

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