Published in the Journal of Court Reporting, February 2010

Dear Nancy:  After being away from court reporting for seven years to raise my family, I have decided to come back to work, but I am really nervous and scared.  I'm not sure how to navigate back into the freelance field again after so many years, and the poor economy doesn't give me any confidence.  I still hold the RPR, but I'm worried about new technology and can't just jump back in. What would you recommend?
Signed, Scared-o'-CAT.

Dear Scared-o'-CAT:  Clever play on words, scaredy-cat! Wow, I don't think I've ever met anyone who is more nervous about working than about raising children. Becoming a mom scared the heck out of me. CAT software came with a manual, my kids didn't. But I got lucky, as my husband says, my kids are great. Why is it he doesn't credit me with a fine parenting job, and says I just got lucky? Well, let's not go there.

The best way to jump back in is to sit back out. Pretend you're a 225 student and head to court or to a deposition. If it's writing you're worried about, it will come back, kinda like riding a bike. But that reminds me of the patient who asked the doc if he'd be able to play the piano after surgery. The doc assured him he would. The patient thought that was great, since he couldn't play before surgery. (bada-boom.)

How was your writing seven years ago? If it wasn't clean, spend time with a mentor or other professional who can assist you in coming clean. I mean in your writing! If you need to upgrade or purchase new software, call your software vendor and ask for a demo. They're always willing to help. And then invest the time in a training session with one of their trainers.

I know the economy is sluggish and agencies aren't quick to hire, but if you sit out with an agency and assure them you're striving to be a great writer, they will notice. Call often and let them know you're available for jobs. Sooner or later there will be that day you'll be there just when they need you, and they'll probably keep you around if you do a good job! Good luck jumping back in, and wishing you even more good luck as you approach the teen years. Yikes!

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Dear Nancy:   I HATE doctor's depositions.  How do I overcome that fear? 
Signed, Debbie Doesn't Do Doctors

Dear Debbie Doesn't Do Doctors:   The first thing to remember is that a doctor is just like anyone else -- she puts her shirt on one arm at a time -- except sometimes she forgets to take off her stethoscope and it becomes more difficult. But that's her problem, not yours.

That said, being a true professional requires commitment to learning the terminology that will come up during a deposition.  Will you be able to understand retinoblastoma when the doctor mumbles it from across the room?  Do you know the difference between dysphagia and dysphasia?  If not, you may not be able to swallow the testimony whole - or even talk about it. 

Are you an RPR, RMR, or RDR?  All of those tests include a vocabulary section.  Having great credentials helps build confidence, and so much of writing great notes is all about your confidence.  So if you don't have three awesome letters after your name, get on it.  It will boost your confidence.

Doctors can be tough. But it's also true, the more you do 'em, the easier they are. It's like practicing. The more you do it, the faster (better) you get. I have found the most confident reporters try to specialize in an area, taking the same expert's testimony numerous times, and often getting requested by the doctor!  Those reporters work to build their dictionaries bigger and better than anyone else.  (They're the really cool ones who can write ferruginous bodies in one stroke.)

If you work with doctors sporadically, it may not be feasible to specialize.  But take a moment the night before, Google the doctor's name and find out what her specialty is.  Then search out terminology in that specialty, and spend some time creating briefs for some of the words and adding them to your dictionary.  If you do that, even if the doctor doesn't say those particular words, I guarantee you will go into the deposition more confident than you've ever been.  And if that doesn't work, take two aspirin and call me in the morning.

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Dear Nancy:   Two defense attorneys objected to the introduction of a document. The judge says to plaintiff's attorney, “You have [counsels'/counsel's] objections.” I'm not sure whether to transcribe it as a singular possessive or plural possessive. I am inclined to go with plural possessive, You would have counsels' objections, but counsel is already plural, like children, so I'm thinking I need to transcribe it as counsel's. I can't decide and I need your opinion. 
Signed, In Conflict with Myself

Dear In Conflict with Myself:    Counsel is both a singular and plural noun (unlike children which is always plural.)  More like sheep.  You can have a sheep or many sheep.  So a wolf in sheep's clothing is the same construction as many wolves in [many] sheep's clothing.  Therefore, your first choice, counsel's objections, would be grammatically correct. 

But since this is an advice column, remember, if counsel (singular) is a wolf, his objections will have some teeth. And if counsel are sheep (plural), the objections probably make for a baaaaad argument.  BUT, if counsel's a fox and he's single … well, you get the point!! 

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Published in the Journal of Court Reporting, September 2009, Volume 70, No. 10

Dear Nancy:  Morale in my office (reporters, staff) is low and seems to be getting lower.  Is it the economy, the state of the profession, or is it me?  What can I do about the creeping malaise?
Signed, Dee Pressed

Dear Dee Pressed:  The economy is getting your reporters and staff down?  No kidding!  Our investments, 401(k)s, homes, and even the value of that old Barbie Dollhouse (Ken not included) we've kept in the attic for 20 years have tumbled since late 2007. 

Regarding the profession, it is what it is.  In some parts of the country, business is amazing, and in other parts it is slow.  Keep in mind that business ebbs and flows, but don't let the roller coaster get you down.  Your staff looks to you for cues.  Should I be worried?  Panicked?  An upbeat, glass-is-half-full outlook can help keep morale up and your staff motivated.  In the Great Depression of the '30s, FDR's jaunty optimism calmed an anxious country and gave folks everywhere the confidence to face the future with hope.

Are you getting out?  Are you networking with business groups?  These are the times when we all need fresh ideas.  It's during bad times when real leadership is needed.  Anyone can lead in good times; but when the going gets tough, the tough go shopping...um, I mean the tough keep smiling.

You're the leader and you set the tone.  Be confident.  Humor is good; gloom-and-doom is not.  It's hard to resist the positive outlook of a confident, can-do leader.  Counter the creeping malaise by pointing out what's going right for you and your business.  People respond well to confident leadership. 

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Dear Nancy:  Since I started reporting 15 years ago, I've turned my transcripts in to the agency within two weeks.  The firm owner has always been satisfied with my turnaround times.  All of a sudden there's been a request (demand?) for one-week delivery.  There is no additional compensation offered to me for this quicker service.  Is this unfair?  Should I apply with a new agency?
Signed, What's the Hurry?

Dear What's the Hurry?:  The times, they are a-changin'.  Realtime.  Voicewriters.  Big firms with offices nationwide.  Freelance agencies who employ sales reps to knock on lawyers' doors looking for business.  What's a firm owner to do?  Well, try harder.  It's called competing.  And you need to compete as well.  Do you hold the right credentials to keep yourself competitive and sought after?  Do you have the skills an agency will value? 

I know in my locale, turnaround times have gotten steadily shorter over the last 15 years.  It's inevitable.  We are in the Information Technology business, and nowadays information is instantaneous.  Fifteen years ago, no Internet or e-mail to speak of; not a lot of realtime-based services, like draft transcripts or interactive realtime.  Talk to your firm owner about the reasons for change.  And check with other reporters.  Have turnaround times been shortened at other agencies?  If so, you'll be stuck with the new swift-moving clock.

In today's marketplace, we are held to a higher standard of performance, that's for sure.  But we need to be paid - always - for services we provide, i.e., drafts, interactive realtime, expedited delivery.  Make sure, in the rush to compete, that your agency is paying you what you're worth.

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Dear Nancy:  I've been a vendor at paralegal and legal secretary trade shows and events for a long time. These days I sit at my table and I feel more and more like I'm being ignored.  Is this my imagination or is this a trend?
Signed, Slight Unseen

Dear Slight Unseen:  Trade shows ain't what they used to be.  Attendance is down, and many people who attend would rather network with each other, drink and otherwise carouse away from home than visit the typically boring sales booth.  Go figure!  Sounds like the court reporters I know.  Think about the last reporters' convention you attended.  I know firsthand; I've been a vendor.  The bar is always more popular than the exhibitor booths.

Participate with paralegal and legal secretary communities all year round, not just at a trade show.  If they come to know you, they will have a "friend" to visit on the trade show floor.  And isn't that a whole lot better than thrusting brochures at a bunch of strangers?

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