Experienced reporting

AI Programs and Court Reporting: Dangers Must Be Avoided

As history shows, court reporters and court reporting services have embraced new court reporting technology.

Court Reporting Technology Must be proven

As history shows, court reporters and court reporting services have embraced new court reporting technology. From computers, copy machines, scanners, audio recorders, audio-to-text computer programs, video depositions, and every other technological innovation, court reporters have been “quick on the uptake.”

However, there are two important caveats: the technology must be PROVEN technology and technology that does not endanger or threaten the integrity of the court system. In that respect, AI software programs are not yet a technology that can be embraced, certainly not without the specific and direct oversight of trained and certified human court reporters.

artificial intelligence AI legal technology

AI challenges to our court system

AI computer programs have already presented challenges to our court system. As widely reported, lawyers have tried using AI Chatgpt to write briefs submitted to the courts. In one example reported here, the AI program literally fabricated six “cases” to support the legal “arguments” being made in the legal brief. There have been about a dozen such examples reported around the country. Many may laugh, but these examples underscore how AI software can undermine the integrity and quality of judicial proceedings.

Thus, Gallo Court Reporting Services welcomes the news that the National Court Reporters Association has hired a lobbyist firm to talk with lawmakers and advocate on issues related to the use of AI computer programs in U.S. courtrooms.

The value and verification in Stenographer Services

With respect to court reporting, pro-AI advocates typically cite the cost-saving value of AI court reporting. However, court reporting is much more than creating a text copy of what has been said at a court hearing or deposition. Like evidence in a criminal case, the official court record must have a valid and verifiable chain of custody. That is necessary so that, when the record reaches the appellate courts, it can be verified that the record is complete and accurate. Computer programs like AI programs cannot validate a chain of custody. You cannot sit a computer program down and ask it questions and engage in cross examination.

Further, court reporting has built-in verification layers including the memory of the court reporter, audio recordings, notes, stenography tapes, and more. All of these ensure accuracy from the start and, just as importantly, allow the accuracy to be challenged and verified. AI computer programs will never have that ability and computer files can be manipulated and changed.

Deepfake video and image-manipulation technologies also pose dangers to the authenticity and quality of court records. It is within the ability of current technology to entirely forge a complete and convincing deposition with deepfake programs. That is unlikely to happen without being caught. But the same technology can easily be used to make subtle edits and changes to a video deposition that might not be noticed. These are just some of the reasons you cannot take the human out of court reporting.

Contact Elizabeth Gallo Court Reporting Today

For more information, call the experienced court reporters at Elizabeth Gallo Court Reporting. We follow the best practices in order to provide excellent litigation support to our customers. Contact us today to learn about our services and how we can help you.

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Court Reporting and Expert Witnesses

In many complex litigation cases, lawyers know that expert witnesses can "make or break" the case. As such, an expert's deposition is a crucial event in the life of a complex litigation case whether you are presenting the expert witness or opposing. Needless to say, dedicated experienced court reporting is essential to expert witness depositions.

experienced court reporting is essential to expert witness depositions.

In many complex litigation cases, lawyers know that expert witnesses can “make or break” the case. As such, an expert’s deposition is a crucial event in the life of a complex litigation case whether you are presenting the expert witness or opposing. Needless to say, dedicated experienced court reporting is essential to expert witness depositions. If you need court reporting services for your experts, call Elizabeth Gallo Court Reporting, LLC., a top-tier national court reporting service. Our number is (866) 689-1837. We accept orders via email, online, phone and via telefax at (866) 870 – 6032.

court reporter hands on a stenograph

Experienced and seasoned court reporting is essential for expert opinion depositions for several reasons. First, expert witnesses tend to use technical and even scientific words, phrasing and language. Technical and scientific language presents unique challenges in terms of hearing, understanding and spelling. The purpose of court reporting is to accurately capture what is being said in real time. But, a good court reporter will “slow down” the testimony to ensure the accuracy of the transcript. Techniques include asking the expert witness to talk slower, to repeat various words and ask for the spelling of technical and/or scientific words. A good court reporter can make notes on a sheet of paper keeping a running list of words and names that should be clarified during breaks or at the end of the deposition.

Court Reporters Can Read the Room.

As indicated, pacing of an expert witness’ testimony during a deposition is important. If the expert talks too fast, it can be difficult to obtain an accurate transcript. Thus, using unobtrusive methods, good court reporters will help control the pacing and flow of the testimony.

Good court reporters are also familiar with some of the unique aspects of expert witness questioning. For example, there can be a lot of repetitive questions since, at an expert deposition, the expert is expected to identify ALL of his or her opinions. Failure to state any and all opinions can result in some opinions being excluded based on the discovery rules of civil procedure. Good expert witness court reporters understand why there is this type of repetitive questioning and that helps ensure the transcript is accurate.

The need to obtain all of the expert’s opinions can also lead to unusually quick, droning, and rote questioning from the lawyers which can be confusing to new and inexperienced court reporters. As an example, in certain types of cases, opinions involve whether the defendant in the case met the applicable standard of care for his or her profession. Thus, in a medical malpractice case involving a surgeon, many questions might begin like this: “Q. Based on your knowledge, training and skills, do you have an opinion about whether the defendant exercised the skill and care ordinarily employed by a reasonably prudent surgeon under the same or similar circumstances with respect to ….?” That is a “mouthful” but good expert witness court reporters understand what is being asked — and why — and that helps ensure the transcript is accurate.

Contact Elizabeth Gallo Court Reporting Today

 For more information, call the experienced court reporters at Elizabeth Gallo Court Reporting. We follow the best practices in order to provide excellent litigation support to our customers. Contact us today to learn about our services and how we can help you.

Contact Us