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.
Legal transcribers can be self-employed or work for a transcription company. If they work for a transcription company, the transcriptionists usually have access to technology that court reporters don’t have, such as cloud hosting for documents, online systems for downloading and completing dictations, etc. This is important, as a court reporter can lose the transcript and recording of a trial. 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 transcripts, and incorrect transcription has led to notable errors in the justice system, such as 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 or arguments. |
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 disasters 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.
The 4 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 When It Hurts Your Soul
I get it – as a legal transcriptionist, watching someone butcher the English language can feel like watching someone use your favorite book as a coaster. However, in legal transcription, grammar correction is a big no-no. It doesn’t matter if it’s a Harvard-educated lawyer or someone who thinks “irregardless” is perfectly cromulent; you must transcribe exactly what was said.
Legal transcription services thrive on accuracy, not perfection. So, when you create a legal document, your job is to capture the authentic voice of each speaker, complete with all their linguistic quirks and grammatical faux pas.
This requirement might seem counterintuitive, especially when transcribing professional legal proceedings. However, there’s a method to this madness. How someone speaks can provide context about their education level, state of mind, or cultural background – all of which might be relevant to the case.
Examples of what must 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! Many of our legal transcriptionists say that learning to suppress their correction instincts was one of the hardest parts of their training.
2. Include All Background and Nonverbal Sounds
Court proceedings can sound like a symphony of random noises, and guess what? You’re the conductor who needs to document it all! Your legal transcript should be so detailed that someone reading it feels like they’re right there in the courtroom.
This requirement goes far beyond capturing spoken words. Legal transcriptionists must develop a keen ear for every audible detail in the recording. Why? Because these seemingly trivial sounds can become important evidence.
Hear me out. That background conversation might reveal witness tampering. That nervous throat-clearing could indicate discomfort with a line of questioning. Even that embarrassing stomach growl might help establish the timeline of a lengthy deposition!
Professional transcription services often provide their transcribers with specialized software to help capture these nuances. Think of yourself as the David Attenborough of the courtroom, narrating every sound in its natural habitat:
- 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 playing Bruno Mars’ “Die With A Smile” in the middle of testimony. Trust me; it happens more often than you’d think in court proceedings – though not with that song.
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
False starts are like the bloopers reel of legal proceedings, except they’re not edited out. 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.”
When performing legal transcription services, you’re not only typing words – you’re preserving a moment in time that could make or break a case. So, it doesn’t matter if you’re transcribing a routine deposition or a high-stakes court proceeding; 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. 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 transcripts? 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.
