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How to Ensure a Quality Deposition Transcription

an image depicting a lawyer taking a deposition and will then convert it into a transcript an image depicting a lawyer taking a deposition and will then convert it into a transcript

Deposition transcription is a crucial aspect of the legal process, as this sworn, out-of-court testimony provides an opportunity to gather essential evidence. The resulting deposition transcript serves as a formal record of the oral testimony given under oath, which means the document can shape the trajectory of the court hearing.

However, the impact of the deposition transcript heavily relies on its accuracy. Lawyers can implement best practices to ensure that the deposition transcription meets the highest standards. 

In this article, you’ll learn how:

Let’s get down to the definition. 

A deposition transcription is a written version of a witness’s sworn, out-of-court testimony during a legal process. Legal transcriptionists create these documents by transcribing the audio recordings from the depositions.

Deposition transcriptions are helpful in the discovery phase of a legal case, as they can help attorneys analyze witness statements more thoroughly. These transcripts can also serve as reference materials during trial preparation and can be used to impeach witnesses.

8 Powerful Ways Deposition Transcripts Are Used in Court

Now that you understand a deposition transcript, I’ll outline its potential uses in court below. 

UsesDescription
ImpeachmentHighlight inconsistencies between trial testimony and deposition statements.
Refreshing MemoryHelp witnesses recall details they struggled with during the trial.
Admitting TestimonyAllow admission of depositions as evidence for unavailable witnesses.
Summary JudgmentSupport or oppose motions by showing the presence or absence of factual disputes.
Trial PreparationReview testimony, identify areas for questioning, and develop strategies. Ditto also offers a trial transcription service, capturing everything that is spoken in a courtroom. 
Jury PresentationPresent relevant transcript portions to provide context or emphasize points.
Expert Witness TestimonyEstablish qualifications, opinions, and basis for expert conclusions.
Settlement NegotiationsInfluence negotiations by revealing case strengths and weaknesses.
Appellate ReviewServe as part of the official court record for review in case of an appeal.

Ditto’s legal transcription services ensure accurate transcripts, enabling attorneys to analyze witness statements and develop effective legal strategies. Ditto client Alec Tulkoff agrees, saying, “Great, quick and accurate work for my project. Will use again in the future.”

Well-documented depositions also serve as reliable references during trial preparation and ensure that involved parties have access to the appropriate information. Moreover, accurate transcripts are necessary for appellate review, as they contain a complete record of the deposition testimony.

However, the importance of accuracy is not limited to convenience. The consequences of legal transcription inaccuracies go beyond embarrassed laughter and the promise of correction as soon as possible. 

Deposition transcripts are frequently used in court hearings and other legal proceedings; errors can have a commensurately heavier impact than normal transcription errors in any other circumstances. Crucial evidence can be thrown out, cases can be derailed, and the justice system can be compromised.

Best Practices For Lawyers to Ensure High-Quality Deposition Transcription

Now that we’ve discussed the definition, uses, and importance of deposition transcripts, let’s move on to the meat and potatoes of the topic: the best practices that lawyers can implement to ensure good-quality deposition transcription.

Prepare the Witness

Effective witness preparation includes reviewing pertinent documents, discussing anticipated questions, and rehearsing succinct answers.

Attorneys should advise witnesses on effective communication techniques, like speaking clearly or avoiding technical terms. Encouraging witnesses to speak at a moderate pace can also help transcriptionists accurately record their testimony. A verbatim transcription is a record of all words spoken, including stutters such as “uh” and “ahm”, which can later be used for case review and preparations. The proper delivery of the statement from the witness not only improves the verbatim record but also simplifies legal proceedings.

Well-prepared witnesses are less likely to make mistakes in the resulting transcript since they can deliver easily transcribable responses. 

Minimize Crosstalk

When multiple people speak simultaneously, it is challenging for transcriptionists to capture each speaker’s words accurately. For this reason, lawyers should establish clear guidelines for communication during the deposition and emphasize the importance of allowing one person to speak at a time.

When necessary, lawyers should remind participants to speak one at a time so that the transcriptionists can create a clear record of the proceedings. Minimizing crosstalk improves the quality of the deposition transcription and promotes a more professional atmosphere during the deposition.

Provide Explicit Spellings

Witnesses may mention names, technical terms, or other words with ambiguous spellings during depositions. To ensure accuracy, lawyers can instruct the speaker to spell words when necessary so that the transcriptionists can capture the correct spelling. 

Ensuring the accuracy of keywords helps avoid errors in the final transcript, which is especially important when the content is referenced in other legal proceedings. 

Use Clear Exhibits

Exhibits like photographs are often useful in depositions or any other situation that provides visual evidence for the testimony. Ensure all exhibits or examples are legible, well-organized, and clearly labeled to avoid confusion in transcription.

When referring to exhibits, use precise language and direct the witness to specific sections to make it easier for the transcriptionist. Well-prepared exhibits not only enhance the quality of the deposition transcription but also contribute to a more efficient deposition process. 

Transcription services can provide useful features like verbatim transcription, speaker identification, timestamping, and more—all to guarantee the usability of the final transcript.

Outsourcing transcription to a reputable service saves plenty of time that would otherwise be spent on in-house transcription efforts. Legal transcription services also offer expertise in handling legal jargon to ensure that the transcript accurately reflects even the finer details of the deposition—all for a better workflow. 

Reputable legal transcription companies that deliver over 99% accuracy, like Ditto Transcripts, have experienced transcriptionists and utilize the appropriate technology to deliver reliable results. 

Here is a mock transcript incorporating best practices:

ScenarioPoor PracticeBest PracticeIdea
CrosstalkAttorney: Tell us what happened next—
Witness: Then I—
Opposing Counsel: Objection, leading.
Witness: —was walking toward—
Attorney: Tell us what happened next.
Witness: I was walking toward the exit when I saw Mr. Martin enter the room.
Opposing Counsel: Objection, leading.
It is difficult to track multiple speakers, particularly when one interrupts another. 
Overlapping speech makes it harder for an accurate transcription.
Technical TermsWitness: The dosage was adjusted based on the INR.Witness: The dosage was adjusted based on the INR — that’s the international normalized ratio used in blood coagulation tests.Clear definitions decode the jargon and provide context, making it which is helpful for future readers.
Unclear SpellingWitness: I met with Mr. Kowalski.Witness: I met with Mr. Kowalski — that’s K-O-W-A-L-S-K-I.Uncommon names are prone to misspellings. Spelling it out ensures accuracy.
Fast/Slurred SpeechWitness: IwaswalkingfastandIdidn’tseehim.Witness: I was walking fast, and I didn’t see him.Speaking slowly improves legal transcription and comprehension

Don’t settle for automatic speech-to-text recognition (ASR), which is only 61.92% accurate. Moreover, inexperienced human transcribers could make awkward errors in witness testimonies. 

CriteriaDitto TranscriptsAI Transcription
AccuracyGuaranteed 99% accuracy.Only 61.92% accuracy
Multiple speakersAccurately identify different speakers and what they saidOften misidentifies speakers
Background NoiseTranscribe the whole recording, including the inaudible parts.Often skips inaudible background noise
Certification and confidentialityCJIS, HIPAA, FINRA regulationsNo known accountability or governing body for compliance

Ditto Transcripts is your best choice for manual transcription, hands down. 

We offer the following:

Accuracy

We’re serious about maintaining our 99% accuracy rate in transcription. You can rest assured that your depositions are transcribed accurately and the witness statements are conveyed without distortion. 

Experience

We’ve been around the block since 2010 and have worked with multiple law firms, so we are familiar with terminologies and references. We can guarantee that deposition recordings will be handled carefully.

Easy Submission

We’re not fond of complicated processes and apply the same principle in many aspects of our organization. With Ditto, handing over your recordings is easy. You can upload them through our secure online platform without the need for complicated software or extra steps.

Flexible Turnaround

We understand that time is gold, so we value your time like we do. You get to choose the turnaround times, whatever works for you. We also offer rush pricing for 24 to 48-hour turnaround times. 

Personalized Transcripts

Clients decide which format they’d like their transcripts in. This format helps integrate transcripts into existing systems and processes without tinkering with the format. 

Simply specify your preferred formatting, and we’ll handle the rest. Furthermore, we also offer a legal typing service tailored to legal documents, including contracts, pleadings, and orders. 

Data Security

We’re also very serious about privacy concerns, so we prioritized complying with HIPAA, CJIS, and FINRA regulations. Further, our transcribers sign confidentiality/non-disclosure agreements before starting work for us. Finally, they undergo extensive screening, testing, and criminal background checks before onboarding. 

Competitive Rates for Transcription

Our legal transcription prices run between $1.50 and $5.00 per audio minute. Ditto’s legal transcription prices are transparent, and the factors determining the actual price include the number of speakers, audio quality, and the turnaround times required.

However, if we also complete the deposition transcript, we can offer a reduced rate of $2.25/per page. We’ll let you know exactly what you’re paying before we process your deposition summary. No surprise fees.

Trusted Service

Various organizations rely on Ditto Transcripts for high-quality transcriptions. Our customer reviews speak for themselves!

24/7 Customer Service

We know customer service is the cornerstone of the most successful businesses and take it very seriously. Our customer service team consists of humans, not robots. If you have queries about our services, you can contact our customer support team anytime.

If you’ve read this far, you’ve already found the most accurate and reliable legal transcription provider online. Call Ditto now and experience the benefits of a free trial. 

Ditto Transcripts is a CJIS-compliant Denver, Colorado-based 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.