The legal world drowns in endless spoken words that cry out for crystal-clear documentation – every court hearing, witness interview, deposition, and so on hangs in the balance. Fortunately, successful law firms now turn to legal transcription companies to convert this verbal chaos into precise, court-ready documentation. However, one must consider if the company knows the legal transcription rules. Formatting, style, word choice, legalese, and several other factors must be kept precise and follow guidelines to the letter.
Otherwise, you run the risk of negating the value of your transcription efforts.
In this article, you’ll learn how:
- Transcriptionists must never correct grammar in verbatim transcription, even if incorrect, as speech patterns can provide important context.
- All background noises and non-verbal sounds must be documented. These can serve as timeline markers in legal proceedings.
- Every filler word (“um,” “uh,” “like”) must be included, as these verbal tics can indicate witness credibility, deception, or state of mind during testimony.
What Is Legal Transcription?
Legal transcription converts spoken words from audio and video recordings of any event in an official legal setting. Such events include virtual court hearings, witness interviews, depositions, etc. Crucially, transcription happens after the event.
Most legal transcribers right now are either self-employed (freelancers) or work for a transcription service company. As for the latter, they’re usually provided with tools that freelancers or even traditional court reporters don’t have. For example, cloud hosting for documents, online tools for completing dictations, and more.
This is important because a court reporter can lose the transcript and recording of a trial, and if that happens, there’s almost no way to get it back. Today, however, it’s commonplace for a court to retain the tapes, and the court reporter obtains a copy when available.
That’s not to say that legal transcription is less important than court reporting. Cases can hinge on the quality and accuracy of legal documents like trial transcripts, and incorrect transcription has led to notable errors in the justice system – a guilty party being set free or an innocent person being imprisoned.
This is why a legal transcriptionist must maintain accuracy with all projects. They need to understand the terminology and legal procedures and be proficient in transcription.
Most Common Types of Legal Transcription
There are several types of transcription in legal settings, and the most utilized ones are listed below.
| Types | Description |
| Pleadings | Written statements that outline legal claims or defenses. |
| Subpoenas | Legal demands for witness testimony or evidence. |
| Summonses | Official notices to appear in court or respond to legal action. |
| Depositions | Sworn out-of-court testimony from witnesses. |
| Interrogations | Formal questioning sessions, typically in criminal cases. |
| Hearings | Official court proceedings before a judge. |
| Wiretaps and Phone Calls | Recorded conversations obtained through legal surveillance. |
| Memorandums | Internal legal documents outlining case details. |
| Deposition Summary | Also known as ‘deposition digest.’ A concise summary of the deposition’s main points. |
Why Are Legal Transcription Rules Important?
Even though it’s much more complicated, you can think of legal transcription rules as the guardrails keeping justice from careening off a cliff of misinterpretation. These aren’t arbitrary requirements dreamed up by particularly persnickety legal professionals.
Every non-verbal and grammatical disaster captured in a legal transcript could turn into a domino effect, changing the entire outcome of a case. Imagine a witness whose testimony seems rock-solid on paper yet whose recorded “us” and “ahs” reveal more nervous energy than a caffeinated squirrel – that’s a valuable insight for attorneys and judges alike.
Or consider how a simple background sound [Door slams] might establish timeline evidence about who was present during the testimony. Legal transcription rules ensure that these verbal and auditory are preserved with the same care as a crime scene investigator bagging evidence.
Because in the grand scheme of the law, every cough, stutter, and “like, you know” is part of the show, and professional transcriptionists are both the audience and the chroniclers of this sometimes-messy human drama.
Most Significant Rules of Legal Transcription
These are the four legal requirements of legal transcription. Consider them as gospel—because the courts certainly will.
1. Never “Fix” Grammar in Verbatim Transcription Even If It Hurts Your Soul
I get it. One of the requirements of becoming a legal transcriptionist is English proficiency. So hearing someone butcher the language can feel like seeing your wife putting a hot cup of coffee on your favorite book. Can’t complain – literally.
Guess what? It’s pretty much the same thing for most legal proceedings. You’ll encounter a lot of grammar lapses or mispronunciations along the way, but any sort of correction is a big no-no for cases like court transcription. Even if it’s a Harvard lawyer thinking the word irregardless is perfectly acceptable, you must transcribe exactly what he said.
You need to understand that the whole legal documentation system thrives on accuracy, NOT perfection, and that’s going to change anytime soon. As transcriber, your primary duty is to capture the authentic words of each speaker with all their linguistic quirks and bloopers.
Some might argue that the requirement is a bit counterintuitive, especially with deposition transcriptions – and I agree. The reason behind this madness, however, is that someone’s speech can provide context about their education level, state of mind, or even cultural background, and all of those can be relevant to the case.
Some examples of what needs to be preserved:
- Ain’t nobody told me nothing about that.
- I seen him when he done it.
- We was going to the store.
Again, your job isn’t to make people sound like they recently stepped out of an English literature symposium. Your inner grammar nerd might be screaming, yet keep those correction urges firmly in check!
2. Include All Background and Nonverbal Sounds
Court proceedings aren’t like college classes where instructors are the ones doing the talking most of the time.
Our teams have been dealing with all sorts of verbatim court recordings for quite some time now, and I’m telling you, most of them sound like a symphony of random noises. The fun part, however, is that you need to document all of it, because these seemingly trivial sounds can complete the whole puzzle.
Hear me out. That background conversation might reveal witness tampering, or perhaps, some nervous throat-clearing could mean discomfort with a line of questioning – all those possibilities. Even those embarrassing stomach growls can help establish the timeline of a lengthy deposition!
I’m not exaggerating when I say, the transcript should be so detailed that someone reading it feels like they’re right there in the courtroom.
That said, court stenographers often find this troublesome since they’re transcribing in real-time right there in the courtroom. Legal transcriptionists, however, can work with video or audio recordings, and they’re usually provided with the right tools to help record the background nuances.
Here’s an example of the said nuances and how you can write them down (although, most of the time, it’ll depend on the preferred format):
- Physical actions.[Witness nods], [Attorney shuffles papers]
- Background sounds: [Door slams], [Phone rings]
- Bodily functions: [Coughs], [Clears throat], [Stomach audibly growls]
- Emotional responses: [Laughs], [Cries], [Sighs heavily]
And yes, that includes when someone’s phone starts ringing in the middle of testimony – it happens more often than you’d think in court proceedings.
That said, these sorts of sound effects and actions are permissible in some but not all jurisdictions, and you may need to check with your court directly on these inclusions. Typically we do not include these in transcripts, as some actions can be subjective and can eliminate a transcript from consideration if a judge finds these used to affect the objectivity of a transcript.
3. Transcribe All Filler Words – Um, Like, You Know, Everything
Those little verbal tics that pepper everyday speech? They’re gold in legal transcription. Every “um,” “uh,” “like,” and “you know” is a tiny window into someone’s state of mind. Legal professionals can use these verbal breadcrumbs to analyze everything from witness credibility to deception.
A witness who rarely uses filler words suddenly peppering their testimony with “ums” and “uhs” might signal discomfort or deception. A deposition where the speaker frequently says “like” might indicate youth or a casual attitude – both potentially relevant to the case. That’s why professional transcriptionists should treat these verbal hiccups with the same respect as substantive testimony.
Your transcript becomes part of the official legal record, and these seemingly meaningless utterances could become evidence in appeals or cross-examinations. While it might make your document look like a teenager’s text message, every utterance serves a purpose:
What to capture:
- Every single “um” and “uh.”
- All instances of “you know,” “like,” “well.”
- Repeated words: “I, I, I think…”.
- Thinking sounds: “Hmm,” “Err.”
You never know: today’s “um” and “uh” might be tomorrow’s most crucial evidence in legal settings.
4. Document All False Starts and Repetitions
When someone stumbles over their words or changes direction mid-sentence, it’s your job to capture every verbal U-turn. These verbal stumbles can be more revealing than polished answers.
For example, a witness who consistently backtracks might carefully craft their responses. An attorney’s false starts might indicate an impromptu change in questioning strategy. Even a court reporter’s request for clarification after a jumbled response becomes part of the official record.
Professional legal transcriptionists know that these moments of verbal uncertainty often hide nuggets of truth. It’s like verbal archaeology – each layer of corrected speech tells its own story. That’s why your transcript needs to show exactly how the speaker navigated from their initial thought to their final statement:
Examples include:
- “I went to the – no, wait – I mean I drove to the store.”
- “The car was – the truck was – actually, it was a van.”
- “We never – hold on – we always followed protocol.”
It doesn’t matter if it’s for a routine deposition or medicolegal transcriptions; these guidelines are your roadmap.
Can Automated Legal Transcripts Be Used For Court Proceedings?
Accuracy is important in legal transcription, and I believe I’ve made that point in the last thousand words. Sadly, accuracy – or lack thereof – is also the main reason AI is unsuitable for legal transcription.
You see, automated transcription companies have an average accuracy of only 61.92%. That might be negligible when recording personal notes or a quick dictation on what you want to do after work hours.
However, when you put it into the context of a ten-thousand-word legal memorandum, you’re looking at combing through pages and pages to look for nearly 4,000 errors in a 10k word document.
Inaccurate transcription can lead to massive implications, and AI is not accurate. It won’t take a lawyer to arrive at the most relevant conclusion.
Why Choose Ditto As Your Legal Transcription Service Partner?
We know the way around the industry. We have the experience, expertise, the right people, equipment, etc. Ditto’s legal transcription service is the best in the industry. We also handle some of the rarest projects like worker’s compensation transcription!
Our services include:
- High Accuracy: Our professional human transcription service provides the highest possible levels of accuracy, as close to perfection as they come.
- Flexible Turnaround Times: Depending on the project, we can provide rush transcripts within one or two days for those who need things done quickly.
- Stringent Security Measures: Our CJIS compliance and robust encryption protocols will protect your confidential information optimally. We’ll answer any questions you have about our security and will be more than happy to provide proof of certification.
- Proven Track Record: We’ve provided high-quality transcription services to the legal industry since 2010. So, rather than relying on untested providers or fancy AI tools, put your trust in our long, proven history.
- Flexibility: Need timestamps or verbatim court reporting? Say the word, and we’ll get it done.
- No Long-term Contracts: Pay for what you need, when you need it, without worrying about getting tied up with long-term service commitments (though I guarantee your firm will be back for more.)
We Know Every Legal Transcription Rule
Refine your legal proceedings with Ditto Transcripts! Our expert team offers 99% accuracy, quick turnaround times, and top-notch security for all your transcription needs. Operating since 2019, Ditto Transcripts is your top choice for precise, high-quality, and affordable transcription services.
Ditto Transcripts is a Denver, Colorado-based, HIPAA, FINRA, & CJIS-compliant transcription services company that provides fast, accurate, and affordable transcripts for individuals and companies of all sizes. Call (720) 287-3710 today for a free quote, and ask about our free five-day trial.