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Atty reading document aloud (inaccurately)

 
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lindsaypinkham



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PostPosted: Sun Jan 20, 2013 7:59 pm    Post subject: Atty reading document aloud (inaccurately) Reply with quote

I'm sure this has happened to all of you. In my arbitration, the atty is reading aloud from an exhibit (a contract) and reads it accurately, except he deliberately (to clarify it for the arbitrator, I think) substitutes the names of the parties instead of "seller" and "buyer." I've been double-indenting it and surrounding it with quotes, but at the end inside the ending quote I put [as read]. I forget where I learned that - maybe in this forum. Just curious - how do other reporters handle this?
Then there's the witness or atty who totally mangles and misreads a document. I use [as read] for that, too. However, if they just misstate one word, I put [sic] after that word. I'd be interested to get feedback.
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Phil Stillerman
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PostPosted: Mon Jan 21, 2013 2:08 am    Post subject: Reply with quote

Depending on how mangled the reading of the document was I've used the parenthetical [as read] prior to the reading, or I "made believe" I didn't have the document and just used opening and closing quotation marks.
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kendmans
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PostPosted: Mon Jan 21, 2013 7:43 am    Post subject: Reply with quote

Like Phil, I use the parenthetical (as read) in such situations.
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East Coast Sunrise
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PostPosted: Mon Jan 21, 2013 8:34 am    Post subject: Reply with quote

If you'll ever notice in newspapers, sometimes they'll have a portion of quoted material in brackets -- [substituted words] -- so that it will be easier to read/understand for the reader.
In your case, I might put the named parties in brackets to denote it was substituted for the quoted word.
Adding: Sans italics - I just used that for emphasis here.
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DebbieTurner
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PostPosted: Mon Jan 21, 2013 9:40 am    Post subject: Reply with quote

I *really* like that suggestion, Linda! Going to put that one in my personal English file.
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lindsaypinkham



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PostPosted: Mon Jan 21, 2013 10:18 am    Post subject: Reply with quote

I'm going ahead with [as read] but am afraid atty may be annoyed when he sees it, as if I were drawing undue attention to his manipulation of the quote or misreading. Anybody ever got any feedback about it? This is a long arbitration and I'm still going to be showing up day after day when the transcripts start coming out.
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LB
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PostPosted: Mon Jan 21, 2013 10:44 am    Post subject: Reply with quote

Lindsay, you're the expert on creating a transcript, not him. I understand the desire to keep a client happy, but don't be afraid to do it the way you deem best. You're doing the right thing by asking around ("in the multitude of counselors there is safety"), but once you decide what the best thing to do is, go with it and stick to it.

It may be helpful to pick a book designed for court reporters (like Morson's or Margie Wakeman Wells ?sp?) and just stick to that. You may not agree with everything in either one, but it will help you be consistent.

Lance
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lindsaypinkham



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PostPosted: Mon Jan 21, 2013 10:51 am    Post subject: Reply with quote

Thanks for the encouragement. I've been reporting since 1977, and I do have my customary way of doing things. But two reporters in this have been told by this atty not to come back already, and the owner would do anything to get this guy as a client, so I'm feeling a little pressured!
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PostPosted: Mon Jan 21, 2013 11:52 am    Post subject: Re: Atty reading document aloud (inaccurately) Reply with quote

lindsaypinkham wrote:
I'm sure this has happened to all of you. In my arbitration, the atty is reading aloud from an exhibit (a contract) and reads it accurately, except he deliberately (to clarify it for the arbitrator, I think) substitutes the names of the parties instead of "seller" and "buyer." I've been double-indenting it and surrounding it with quotes, but at the end inside the ending quote I put [as read]. I forget where I learned that - maybe in this forum. Just curious - how do other reporters handle this?
Then there's the witness or atty who totally mangles and misreads a document. I use [as read] for that, too. However, if they just misstate one word, I put [sic] after that word. I'd be interested to get feedback.
The above dilemma is why I've stopped using quotes as though it's a perfect quote from the document. Why can't it just be a person reading out loud from a document? (rhetorical question - I think Smile ) Why can't it just be the person speaking? If people want to compare, let them look at the document.
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LB
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PostPosted: Mon Jan 21, 2013 12:28 pm    Post subject: Reply with quote

I used to quote a lot, but I don't much anymore. I'm recording the spoken word, not conforming an exhibit to the text (and they RARELY match up). So I deal with it accordingly, and they get what they said.

LAB
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PostPosted: Mon Jan 21, 2013 12:31 pm    Post subject: Reply with quote

I use quotes not to verify that it was read as written, just to personify that it is being read. That said, I like [as read] as a backstop when they butcher it, just to show that I did my job, it was counsel that screwed the pooch.
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PostPosted: Mon Jan 21, 2013 12:38 pm    Post subject: Reply with quote

Depoman wrote:
I use quotes not to verify that it was read as written, just to personify that it is being read. That said, I like [as read] as a backstop when they butcher it, just to show that I did my job, it was counsel that screwed the pooch.
Like +1
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PostPosted: Mon Jan 21, 2013 4:35 pm    Post subject: Reply with quote

El B wrote:
...I'm recording the spoken word, not conforming an exhibit to the text (and they RARELY match up). So I deal with it accordingly, and they get what they said.
LAB
THIS is what I was trying to say! Thanks for expressing what I was thinking.
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DonnaMKanabay
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PostPosted: Tue Jan 22, 2013 3:36 am    Post subject: Reply with quote

y'all really are overthinking this, guys. it's not our responsibility to verify what was read was read accurately. and it's not our responsibility to indicate somehow when it wasn't. the quotation marks simply mean that somebody was reading so that it's clear to the reader of the transcript that it's quoted material. Period. Just put them in and quit stressing over it LOL.
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PostPosted: Tue Jan 22, 2013 5:49 am    Post subject: Reply with quote

DonnaMKanabay wrote:
y'all really are overthinking this, guys. it's not our responsibility to verify what was read was read accurately. and it's not our responsibility to indicate somehow when it wasn't. the quotation marks simply mean that somebody was reading so that it's clear to the reader of the transcript that it's quoted material. Period. Just put them in and quit stressing over it LOL.
I like all of this too. Like +1(Italics for emphasis by me)
Adding: But I think people got to putting "as read" so that they wouldn't be blamed.
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DonnaMKanabay
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PostPosted: Tue Jan 22, 2013 5:57 am    Post subject: Reply with quote

Linda-NY wrote:
DonnaMKanabay wrote:
y'all really are overthinking this, guys. it's not our responsibility to verify what was read was read accurately. and it's not our responsibility to indicate somehow when it wasn't. the quotation marks simply mean that somebody was reading so that it's clear to the reader of the transcript that it's quoted material. Period. Just put them in and quit stressing over it LOL.
I like all of this too. Like +1(Italics for emphasis by me)
Adding: But I think people got to putting "as read" so that they wouldn't be blamed.


[shaking head vehemently] nopenopenope. NOT OUR PROBLEM, NOT OUR JOB. it should be used oh-so-sparingly, if at all, like [sic]. we step way over the line on this stuff and risk moving into editorializing. (And what if we're WRONG? and what do we do if we don't have the document to refer to anyway?)

sincerely, someone who also loathes editorializing with excessive descriptive parenthenticals. where do we draw the line?

our job is to preserve the record - the record that they create - not create (or edit) it, ourselves.
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JasonMeadors
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PostPosted: Tue Jan 22, 2013 10:09 pm    Post subject: Reply with quote

I use quotes a lot less now too. A comma and cap-next works fine. It's my job to report what was said, not baby-sit and monitor whether each word matches to the original and what to do if it doesn't. I just report the words as they come out of their mouths.
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DonnaMKanabay
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PostPosted: Wed Jan 23, 2013 6:33 am    Post subject: Reply with quote

JasonMeadors wrote:
I use quotes a lot less now too. A comma and cap-next works fine. It's my job to report what was said, not baby-sit and monitor whether each word matches to the original and what to do if it doesn't. I just report the words as they come out of their mouths.


Same church, different pew, and no disagreement or argument on the stylistic issue of To Quote Or Not To Quote, or Just Comma-Cap LOL.
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PostPosted: Wed Jan 23, 2013 8:24 am    Post subject: Reply with quote

DonnaMKanabay wrote:
Same church, different pew, and no disagreement or argument on the stylistic issue of To Quote Or Not To Quote, or Just Comma-Cap LOL.

One little thing. If I assume that they're going to screw up every quote, it makes it less stressful to report what they're saying naturally without thinking, "Oh, how does this stack up to the document."
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gallens
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PostPosted: Fri Jan 25, 2013 11:49 pm    Post subject: Reply with quote

When you are quoting and you have the material and the reader drops in and out of quotes,to substitute names or whatever, it's quite simple to unquote and then pick with quotes again where appropriate.

I checked on a quote one time when counsel read from a case. I have a subscription to an online database of opinions and he read accurately except he left out the word NOT, which changed the meaning to say the least.

I took it as follows: blah," "blah, so the reader could see something was left out of the quote. Is that our job? Well, if I can access the quoted material, I sure as hell will. If not, so be it.

Allen, still doing it the old fashioned way.
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Gwen
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PostPosted: Sun Jan 27, 2013 2:01 pm    Post subject: Reply with quote

I have almost entirely quit using quotes for read material. I use a colon. So it would look like this -

In this paragraph you state: bla bla bla

If they start right in reading and it isn't apparent that that is what they're doing because words coming before the read material don't indicate that, then I put (Reading) in parens first.

This way I never have to worry whether they read it right or not. I don't even have to spend time doublechecking the document read from (unless I need spelling or something). I almost never have something read correctly and it just wastes too much time trying to figure out how to quote things.

No one has ever complained and I think it's really clear in the transcript what has transpired.
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PostPosted: Sun Jan 27, 2013 2:16 pm    Post subject: Reply with quote

I understand a lot of reporters don't use quotes but the correct application of the rules says that you should quote the material as it is read if the speaker intended it to be a quote even though it is not an exact quote. The however I spoke about was the legal side of things when quoting a case, as I want to be darn sure of the quoted stuff. I've worked in court and the Judge may rely on your quote, so! Besides, the usage of quotes a transcript gives the professional appearance to the transcript IMHO FWIW.

Allen
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lindsaypinkham



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PostPosted: Sun Jan 27, 2013 2:22 pm    Post subject: Reply with quote

I've been following all your posts to my original question and I have to say I agree most with the last comment. The case I'm on now is a legal malpractice case involving damages of $80 million sought by the claimant and hinges on the terms of a contract written by the defendant law firm. So in this case I am taking the utmost care when they're quoting e-mails and terms of various drafts of the contract. I am double-indenting everything over two lines and putting quotation marks around it and checking what they said with what was written and putting [as read] at the end of it's not quoted accurately. They're trying hard - most of the time it is accurate, especially since I've asked them to slow down (i.e., not to speed up) when they read from a document and have interrupted several times to ask, "did you say 'to' or 'from'" to emphasize how important those tiny words can be.
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