Difficult terms in legal transcription range from seemingly straightforward phrases, like “in camera,” to more complex ones, such as “voir dire.” Lawyers and law school students must become proficient in these terms. By extension, those working in the legal field, such as legal transcription services, must also be experts in legal terminology if they want to provide their clients with accurate transcripts.
Though missing a word or two may not seem like a big deal, legal transcription requires pinpoint precision. Otherwise, evidence can be disregarded, and statements can be misinterpreted, leading to the unintentional distortion of the justice system.
In this article, you’ll learn how:
- Legal transcription requires exceptional precision, especially with complex legal terms like voir dire, sui generis, and nolo contendere, which are often misheard.
- Inaccuracies caused by misunderstood terminology can derail cases, mislead proceedings, and undermine justice.
- Ditto Transcripts ensures 99%+ accuracy through experienced, 100% human, U.S.-based legal transcriptionists who thoroughly understand legal jargon and context.
Most Common Legal Terminology
Let’s start easy with the most common legal terms, which you typically hear in courtroom dramas and similar programs.
| Legal Term | Description | Example of Use |
| Plaintiff | The person who brings a case against another in a court of law. | “The plaintiff sued for damages resulting from the car accident.” |
| Defendant | An individual, company, or institution sued or accused in a court of law. | “The defendant was ordered to provide evidence of their compliance by next month.” |
| Subpoena | A document that orders someone to court or requires the submission of evidence. | “The court issued a subpoena to the company demanding the submission of financial records.” |
| Testimony | A formal spoken or written statement given in a court. | “During the trial, the witness’s testimony was crucial to establishing the timeline of events.” |
| Verdict | The decision is given by a jury or a judge resolving a dispute. | “After deliberating for hours, the jury returned a guilty verdict.” |
These terms are usually heard in a courtroom. If you are not a legal professional, there’s a good chance that you would not be able to follow the conversation in the legal event. That is why court transcription services are so helpful. Aside from lawyers, who will have convenient access to information, it allows other people to review the proceedings and review what has been said.
Most Difficult Legal Terminology That Leads To Transcription Errors
| Term | Meaning | Common Mishearing | Example Usage |
| Pari passu | Assets/creditors treated equally, no preference. | – | In the restructuring agreement, all bondholders were treated pari passu, each receiving the same percentage of repayment. |
| Qui tam | A law allowing private individuals to sue on behalf of the government. | – | Under the False Claims Act’s qui tam provision, a whistleblower sued a healthcare provider for Medicare fraud. |
| Petit jury | A trial jury of 12 people (as opposed to a grand jury). | “Pet injury” | The petit jury deliberated for hours before reaching a verdict. |
| Prima facie | “At first glance”; establishes a rebuttable presumption. | – | The evidence was prima facie enough to justify further investigation. |
| Sui generis | “Of its own kind”; a unique classification. | “So generous” | The artist’s style was sui generis, instantly recognizable. |
| Pendente lite | Refers to a pending/undecided court matter. | “Pendant light” | The judge issued a restraining order pendente lite until the case was resolved. |
| Nolo contendere | A plea of “no contest,” not admitting guilt but accepting punishment. | “No low contender” | The defendant entered a plea of nolo contendere. |
| Inter alia | “Among other things”; similar to “etc.” in legal context. | “Enter Aliah” | The contract listed, inter alia, payment terms and delivery schedules. |
| Ultra vires | Actions beyond legal authority or mandate. | “Ultra virus” | The company’s actions were ruled ultra vires under its charter. |
| In camera | “In private”; closed proceedings without the public/press. | Same as “in camera” | The hearing was held in camera to protect sensitive information. |
| Voir dire | Preliminary questioning of jurors or witnesses. | “Vore dear” / “For dear” | Jurors were questioned during voir dire to test their suitability. |
| Quash | To nullify, cancel, or invalidate. | “Squash” | The judge decided to quash the subpoena. |
| Motion in limine | Pretrial request to exclude specific evidence. | “Motion eliminate” | The defense filed a motion in limine to bar certain evidence. |
| Certiorari | Higher court’s order to review a lower court decision. | “Sure, see you, Harry” | The Supreme Court granted certiorari in the case. |
| De jure | “By law”; legally recognized. | “The jury” | The constitution established the de jure rights of citizens. |
An example of this can be found in a Texas criminal trial, where the Spanish interpretation of the term voir dire caused confusion. The interpreter translated it as “decir la verdad” (“to tell the truth”) instead of its legal meaning, the preliminary questioning of jurors.
Several Spanish-speaking jurors misunderstood the judge’s questions about impartiality, raising concerns that they had not been adequately screened. The appellate court noted the risk of bias and ordered further review, showing how a single misinterpreted legal term can jeopardize fairness in a trial.
This underscores why professional trial transcription and translation services are essential… because accuracy preserves meaning, prevents costly mistakes, and protects the integrity of legal proceedings.
Common Causes Of Legal Transcription Errors
Aside from most of them being Latin, the common causes of legal transcription errors can be rooted in one of the following aspects:
- Homophones: two different words with the same pronunciation
- Low audio quality: issues with compression or recording devices
- Human error: straightforward errors made during transcription
- Unfamiliarity with the field or language: transcribers still in training or essentially punching above their weight class
- Misheard phrases: primarily due to rushing
How Difficult Legal Terminology Affects Transcription Accuracy
As you can see from the previous examples, it can be easy to mishear specific terms and phrases and transcribe them incorrectly. Some of these terms are obscure and difficult to understand, making legal transcription more challenging.
Complex terminology notwithstanding, legal documents used for any legal proceeding require accuracy. Otherwise, the side that presents mistranscribed evidence faces the potential consequences of inaccurate transcripts, such as:
- Misinformation Spread
- Loss Of Credibility
- Impacted Decision-Making
- Legal Ramifications
- Ethical Consequences
- Wasted Resources
- Damage to Reputation And Relationships
How Ditto’s Legal Transcription Services Overcome Complex Legal Terms
Ditto Transcripts has been working with law firms for over a decade, and I can assure you that we know what we’re doing.
Our legal transcriptionists have comprehensive experience in the field. They know their way around a legal conversation and can even outmaneuver the most experienced lawyers.
Legalese isn’t an issue when you have thousands of hours of collective work experience listening and transcribing audio recordings.
Furthermore, our transcriptionists are 100% US-based, ensuring they are thoroughly familiar with the language. No need to worry about things being taken out of context; everything will be transcribed accurately.
One more thing: our legal transcribers are all human. They can understand nuance and context to a degree that no AI transcription platform or solution can match. As a result, when working with the legal industry, we find manual transcription best.
In fact, our transcriptionists are so good that we can guarantee more than 99% accuracy for all legal transcription projects. Our services surpass the 61.92% accuracy of the top automated transcription software.
So, choose Ditto not just because of the benefits of our service, but also because of what our clients say about us:
Rest easy knowing that all transcripts are accurate and ready for use in any court proceedings.
We’re Not Just About Accuracy, You Know
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- Flexibility And Formatting Options
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Difficult Words And Terms In Legal Settings Ain’t So Difficult With Ditto
Understanding legalese and complex legal terms in audio recordings doesn’t have to be your headache. Outsource your legal transcription to Ditto and experience the difference. Get accurate, high-quality transcripts on time, every time.
Ditto Transcripts is a Denver, Colorado-based FINRA, HIPAA, and 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.