The Stenographic Dilemma: Conflict in Briefs
You are a court reporter using machine shorthand. You have a conflict in your personal dictionary: the stroke 'PHAPB' is briefed for both 'manufacturer' and 'manifestation.' During a products liability trial, the witness says: 'The manufacturer knew the product had a latent defect, and the manifestation of that defect occurred within the warranty period.' You must transcribe the testimony accurately. Later, you realize that you used 'PHAPB' for both words in your notes. You have a backup audio recording. The transcript is due in 48 hours. You must resolve the conflict to produce an accurate transcript.
1. What steps should you take to resolve the conflict and ensure accurate transcription?
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First, review your notes and the audio recording to identify each occurrence of 'PHAPB' and determine from context which word was intended. In this case, the first occurrence is clearly 'manufacturer' and the second is 'manifestation.' You should then correct your dictionary to assign unique strokes for each word to avoid future conflicts. For the current transcript, you must edit the text to reflect the correct words. You should also check for any other instances of 'PHAPB' in the transcript and verify each. Use the audio to confirm. After correction, proofread the entire transcript for accuracy. Additionally, you might add a note to your dictionary to distinguish the words, perhaps by using different strokes (e.g., 'PHAPB' for manufacturer and 'PHAPBGS' for manifestation). Finally, ensure the transcript is certified as accurate after corrections.
2. What are the ethical implications of not resolving the conflict and submitting the transcript as is?
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Submitting a transcript with incorrect words due to a brief conflict would violate the ethical duty of accuracy and could mislead the court. It could result in an inaccurate record, potentially affecting the outcome of the case. The court reporter has a responsibility to produce a verbatim and accurate transcript. Failing to resolve the conflict, especially when a backup recording is available, would be negligent. It could also damage the reporter's professional reputation and lead to disciplinary action. Therefore, it is imperative to take the time to correct the errors before certification.