Vol. 6, No. 2, Pg. 57. Viewpoint: Is Your Court Reporter Certified.

• Author: By Doris M. Garber

South Carolina Lawyer

1994.

Vol. 6, No. 2, Pg. 57.

Viewpoint: Is Your Court Reporter Certified

57Viewpoint: Is Your Court Reporter CertifiedBy Doris M. GarberA lawyer's office prepares a deposition notice, setting forth a specific date, time and place for the witness, parties and counsel to appear for a very important deposition. A member of the lawyer's staff schedules a court reporter to report the testimony.

In a more perfect world, these seemingly routine steps in preparation for pretrial discovery should be all that is necessary. In South Carolina, however, one very important question remains: Is the court reporter competent to prepare an accurate transcript as required?

Unfortunately, this question is seldom asked before a deposition is taken. Little thought is given to the certification or licensing of the reporter until serious problems arise, after the fact, concerning testimony that is crucial to a case.

The majority of South Carolina lawyers assume freelance reporters are required to meet minimum standards of proficiency and are governed by rules and regulations of some kind. This assumption is incorrect. Currently, there is no mandatory certification or licensing required for freelance court reporters in South Carolina. In fact, there are no requirements to practice freelance court reporting!

Many freelance court reporters in South Carolina are conscientious and perform work of superior quality. Many freelance reporters have voluntarily submitted to certification testing by national court reporting associations. But many others lack training, misuse their discretion and fail to produce transcripts accurately, completely and in a timely fashion. These are the very reporters who choose not to offer for voluntary continuing education and certification.

A verbatim record of deposition testimony is a very important tool for a lawyer in preparing a case. If an inaccurate record is made, it is almost impossible to recreate the testimony. The profession of freelance court reporting carries important responsibilities, both in and out of the courts. The profession has changed rapidly with the development of new technology and an increasingly sophisticated judicial system. The legal community suffers if freelance court reporters do not meet some standards of proficiency.

For several years, a group of dedicated court reporters...