Your Glimpse of Everything You Need to Know About
What's Happening at AAERT
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Join AAERT for our first Virtual Executive Forum, two days of digital court reporting and transcription education in an interactive, visually rich, and robust online learning environment. Opportunities for networking along with vendor and attendee engagement are also available.
The Executive Forum welcomes all industry professionals and offers the opportunity to network with colleagues, learn from industry experts on current trends and issues, and interact with our sponsors. This is the perfect opportunity to face the future of the industry together!
Schedule at a Glance:
Thursday, March 25
11:00am - 12:00pm ET | Coffee and Connections
12:00pm - 12:20pm ET | Opening Remarks
12:30pm - 2:00pm ET | Keynote
2:00pm - 2:20pm ET | Break
2:20pm - 3:20pm ET | A Chat With Representatives From STTI and STAR
3:30pm - 4:30pm ET | How Courts Are Adapting in a Virtual World
Friday, March 26
12:00pm - 1:00pm ET | Coffee and Connections
1:00pm - 2:00pm ET | Building a Workforce - Panel of Educators
2:10pm - 3:10pm ET | How to Survive AB5 and Independent Contractors
3:10pm - 3:40pm ET | Break
3:40pm - 4:40pm ET | Finding Your Brand Magic
4:40pm - 5:00pm ET | Closing Remarks
5:00pm - 6:30pm ET | AAERT After Hours
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Doug Keeley, Executive Forum Keynote Speaker
Over the past 15 years, Doug has inspired hundreds of thousands of people through his keynotes, workshops, and conference hosting, using amazing stories of people, companies, and ideas that have changed the world.
Doug Keeley’s clients are unanimous in saying he has hooked them onto the power of business storytelling. His unique multimedia presentations inspire and equip audiences to be better business storytellers, and use the power of stories to fuel sales, leadership, and culture.
After spending more than two decades charting new courses in the marketing and communications industry, Keeley founded what today is Stories Rule! Based on the simple proven fact that stories are the most effective and stickiest way that humans communicate with one another, he is changing the world of business communication one story at a time.
Doug is designing a special presentation for this year’s AAERT keynote that will have you glued to your screen and thinking about it long after. Our world is changing incredibly quickly, and COVID has forced many years of change upon us in just months. Electronic reporting and transcribing will never be the same. Some people are comfortable with the change; others are not. The truth is that change is a mindset, and once you understand the mindset of change, it becomes your friend, not your enemy.
Using inspiring stories from the last century mixed with humor and some revealing insights, Doug promises to inspire and equip us to thrive in our rapidly changing industry.
Doug has worked with a long list of blue-chip clients including Accenture, Bayer, HP, Microsoft, Pepsi, Scotiabank, Starbucks, Stenograph, Xerox, and many others.
He is the author of the book "The Mark of a Leader," designed to inspire readers with amazing tales of ordinary people who have done extraordinary things with their lives. He is an inductee into the Meetings Hall of Fame.
To learn how storytelling can change your business join us at the Executive Forum by registering here.
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How to Survive AB5 and Independent Contractors (Executive Forum Presentation)
From Mike DeDonato, J.D., M.B.A.
Mike DeDonato is a seasoned business consultant, advisor, strategist, corporate finance executive, and business advisor with a demonstrated history of working in the manufacturing, health care, consumer goods, construction, and aerospace/defense industries. Mike’s functional expertise is in accounting and financial management. He has been relied upon by clients for his competencies in financial management, M&A due diligence, and acquisition integration.
Mr. DeDonato will provide session attendees with the background of California Assembly Bill 5 (AB5) addressing the issues he has laid out for us here. The law came into effect in California as of January 1, 2020. It is based on the Dynamex California Supreme Court decision, which came down in April 2018.
The court applied a three-pronged test to determine if workers are to be treated as independent contractors. This test is known as the A-B-C test. To be classified as an independent contractor the court stated that the worker must meet all three prongs of the test.
The California legislature adopted this test when Assembly Bill 5 (AB5) was passed with certain exceptions. Many of those exceptions refer back to the Borello test, which was decided by the California Supreme Court in 1989 wherein the court found in favor of the workers such that they should be classified as employees.
Under Borello, the primary test is known as the “right to control” test, determining whether the hiring entity controlled the manner and means of accomplishing the desired result by the person providing services. If it can be proven that the hiring entity had the “right to control,” the worker is deemed an employee by this standard.
AB5 has led to far-reaching and unintended effects. These unintended effects have been somewhat mitigated by subsequent modifications to the law based on industry pressures and a recent ballot initiative. Uber, Lyft, and DoorDash filed suit to claim exceptions from AB5 in regard to the engagement of their drivers. A California judge ruled against this suit. In November 2020, Uber, Lyft, and DoorDash brought Proposition 22 to the voters, and it passed, freeing these companies of the burden of engaging drivers as employees. These companies spent over $200 million to persuade voters over to their side. This is the highest spend for a ballot proposition in the state’s history!
Prop. 22 does not shield the gig companies retroactively. They are facing a range of lawsuits over employment classification, from both government agencies and their own workers. The Supreme Court decision means that if the gig companies lose those cases, they could face much bigger penalties since they could be found responsible for actions before Dynamex took effect in April 2018.
AB5 and the A-B-C test is the most restrictive test in the nation for classification of independent contractors. Practically, some businesses have chosen to disengage workers in California in favor of workers outside the state. Many freelancers are feeling the effects and are struggling with the impact to their financial well-being. The combination of income loss due to the pandemic and the requirement to engage workers as employees may have driven smaller businesses to close their doors and/or move to a more business-friendly state.
What does that mean for court reporters? As long as the law does not exempt freelance court and deposition reporters from following the law, the reporter must be established as a business entity doing business with another business entity.
To learn more about AB5, Prop. 22, and being an independent contractor, join Mike DeDonato at the 2021 Executive Forum on March 25. Click here for more information.
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From the President's Desk
From Janet Harris, AAERT President
Last year the Board chose to keep all 2021 events virtual due to the uncertainties around COVID’s impact on all of our professional and personal lives. The topics at our March 25-26 Executive Forum are focused on Facing the Future Together. This year’s presenters come from every corner of the court reporting industry and beyond. Market leaders will openly discuss the hot issues we are facing: workforce development, COVID’s impact on the adoption of technology to accommodate a virtual world of legal proceedings, employment status, and more.
The virtual exhibit hall is an especially unique way to meet with vendors and learn about the tools available for digital reporters. Click here to view the sponsor and exhibitor opportunities for this year's Executive Forum.
For agency and business owners challenged with the ever-changing market shifts, the Executive Forum was developed with your needs in mind. We welcome all members. We thank our sponsors for supporting us in this endeavor and we are excited for you to attend! See you soon!
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Calling All Board Nominations
It’s time to get the Board member election process underway. This year, we have three Board members finishing up their current three-year terms.
The AAERT Board enacts the policies and procedures along with programs to benefit our membership; promotes digital court reporting and transcribing within the industry, and determines the direction of our Association. Serving on the Board requires a dedication to our profession and a willingness to put in some extra time and effort to help the Association continue to grow.
To be eligible to run for a board position:
- The person must be a voting member in good standing at the time of his/her nomination and election to the Board and must remain so during his/her term of service as a Director.
- The person must have been a voting member of the Association for a period of two or more years immediately prior to his/her nomination to serve on the Board.
- The person must have demonstrated active dedication to the mission and purposes of the Association during his/her membership.
- No more than one Association member who is a current employee, owner, shareholder, and/or principal of a particular company or organization may concurrently serve on the Board of Directors.
Do you know an individual, or individuals, who would like to aid in our mission? On March 1, you will receive an email blast with a link to an online nomination form. If you know someone whom you think would be a good candidate to be a Director of the Association, please fill out and submit the form. You can even nominate yourself.
Nominations will only be accepted between March 1 and March 21.
Between March 22 and April 30, nominees will receive a questionnaire to complete and will have a telephone interview with the Leadership Development Committee. Approved nominees will then submit a bio and headshot that will be included on the ballot.
Online voting will open on May 25 and will close on June 15.
If you have been active in the Association (serving on a committee, writing articles for the newsletter, etc.), please consider taking the next step by serving on the Board. If you’re not sure you’re ready for a Board position, but want to be more active in the Association, please contact any current Board member, Committee chair, or the AAERT staff and ask how you can get involved.
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Thank you AAERT Charter Sponsors! |
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Welcome New
AAERT Members!
Cheryl Battaglia of Surgoinsville, TN
Elianeth Brito of Orlando, FL
Julie Chandler of Plymouth, MA
Gillian Corallo of West Palm Beach, FL
Angela Damico of Sicklerville, NJ
Gretchen DePoo of Key West, FL
Beth Duggan of Scarborough, ME
Margaret Goodwin of Greendale, WI
Allan Heifetz of Los Angeles, CA
Kimberly Hennerfeind of Adams, TN
Ashley Henthorn of Alma, WI
Caleb Hintz of Racine, WI
Carly Hurst of Stafford, TX
Zane Johnson of Castle Rock, CO
Jordan Kittnick of Brooklyn, NY
Debbie Lanier of Metter, GA
Jonna Linke of Las Vegas, NV
Rachael Marlin of Castle Rock, CO
Andrea Marigliano of Charlotte, NC
Larry Murray of Tampa, FL
Jade Potot-Warren of New Castle Upon Tyre, UK
Carrie Ravenscroft of Huntington Beach, CA
Nayda Sanchez Arroyo of Orlando, FL
Lara Wechsler of Brooklyn, NY
Ashley Xivir of Royal Palm Beach, FL
Aria Zavocki of Hartford, CT
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Our Newly
Certified Members
Mary Ann Burke CET of Walkersville, MD
Rebecca Diemer CER of Fargo, ND
Peter Dowling CET of Jersey City, NJ
Sabrina Havard CET of Zavalla, TX
Deyan Junker CER of Watford City, ND
Mya Knight CER of Minot, ND
Lisa Lopez CER CET of Houston, TX
Hallie Moran CET of Longmont, CO
Sharron Phillips CER of Elizabethton, TN
Amanda Ricker CER of Clinton, TN
Candace Singleton-Perrin CER of Columbia, SC
Jasmine Valdez CER of Lake Worth, FL
CONGRATULATIONS!
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Tech Corner: Seeing Is Believing!
From AAERT Communications Committee Chair Benjamin Jaffe
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Monitors and Screens
Since the start of the pandemic, many of us have increased our screen time either on our phones or on our computers. These screens are not only important to our daily lives but our lives as digital court reporters and legal transcribers. The statement "seeing is believing" has never been more true now that a substantial amount of proceedings have gone remote since March 2020.
The monitor and/or screen is your digital window. It allows a transcriber to see the text on their screen and it allows a court reporter to monitor a witness far away. But when we start talking about screens, a whole confusing mess of numbers and letters starts popping up: HDMI, 4K, 2m, 24", IPS, etc. So, in this article, we will dive into what factors you really should consider when selecting a screen or monitor.
Size
When it comes to screens, size matters. Whether it is a 65-inch TV to watch the big game or a 17-inch laptop monitor, finding your fit is important. Remember screens are measured on the diagonal from corner to corner, not including the outer bezel.
Laptop Screen
The general rule of thumb for laptops is the bigger the screen, the heavier that computer. If you are moving around a lot, weight might be an issue. On the same token, too small of a screen and you will struggle to see it and sit properly. The most popular and usable laptop computers are between 14" and 17". These screens are grouped into size classes: 14, which can be 13.9" to 14.5"; 15, which can be 15" to 15.6"; and 17, which can be from 17" to 17.6".
Desktop Monitor
For desktop monitors weight is usually not an issue; real estate is the bigger concern. What size desk you have and what you are working on most of the time can play a bigger factor in the monitor size you choose. Desktop monitors can range from 19" to 36". Most of these monitors are going to be shaped like an HDTV or in 16:9 format (16 units tall by 9 units wide), which is more wide than tall. You can also purchase Ultrawide screen monitors that are 21:9 or 32:9 and standard screens that are 4:3 or 5:4.
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Resolution
When looking at monitors and screens you will see them referenced one of three ways: As a set of numbers usually followed by a P or I, as a single number followed by a K, or as two sets of numbers separated by an X, but they all identify the same thing: how many pixels are on your screen. Looking at the true screen resolution, which is 1920 x 1080, you can derive that it is 1080P (tall) or about 2k (2000) pixels wide, although true 2K is 2048 pixels wide. Beyond the numbers, companies also use terms like Full HD, Ultra HD, and "cinema" to represent the resolution of their monitors, but be careful; these are not completely standardized.
My recommendation: Stick with 1920 x 1080 unless you go bigger than 25" per screen. Similar sizes like 1920 x 1200 sometimes called WUXGA are also a good choice. Much less and you will lose detail, much more and your lines might be too fine to see properly. CNET goes into greater detail if you are interested, https://www.cnet.com/news/4k-1080p-2k-uhd-8k-tv-resolutions-explained/.
Connections
Most new computers today, desktop or laptop, have at least one external monitor connection. The most common of these connections is HDMI, which carries a digital video signal from your computer to a monitor. Other popular digital connections include DisplayPort, Mini DisplayPort, Mini HDMI, Micro HDMI, and DVI-D. All these connections are specifically designed to transport video from your computer to a monitor. In recent years, combination data and video ports have become more common. This includes USB-C and Thunderbolt connections, which can connect to peripherals like hard drives, keyboards, and mice and also monitors and screens. One of the benefits of a digital connection is its ability to easily be converted between connection types; for example, a simple $10 adapter could change the Mini DisplayPort on your tower and convert it to the HDMI needed for your monitor.
Older technology that is still sometimes seen includes VGA and DVI-I, which are analog ports and cannot be easily converted to digital formats. Knowing your connection type can save you a lot of hassle and time.
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Other specifications you will see when shopping:
Refresh Rate - The number of times a screen updates in a minute, usually (but not always) derived from 50 or 60, which is based on the electricity in your home country and represented as Hz.
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Response Time - This is the amount of time it takes for a pixel to change color completely, usually from black to white. Faster response times down to 1ms are often sought after by serious gamers, but for our industry 10ms or less is fine. For reference, the difference between 1ms and 5ms is about 0.004 seconds, faster than you could react.
Contrast Ratio - Although usually a marketing hoop, contrast ratio tells you the difference between the brightest white and the darkest black. Many companies use a dynamic contrast ratio, but the true test is a static ratio. High Dynamic Range (HDR) is an extreme form of contrast ratio that is used by film. Like most specifications, this one is mainly for gamers and serious movie buffs.
Viewing Angle - Depending on your privacy needs a lower viewing angle could be a good thing or a bad one. This is the angle, away from the center, a monitor can be viewed at a 170° viewing angle, meaning that you can almost be standing to the side of the screen and still see it, whereas a 90° viewing angle restricts you to just 45° in either direction from center.
Shape - Most monitors on the market are flat, but curved monitors are making a splash, especially in the ultrawide screen group. This added design feature gives you a more immersive experience.
Built-Ins - monitors and almost all laptops come with additional built-in features like extra USB ports, speakers, webcam, or microphone. These can be very useful, but they are often never as good as the external peripheral version.
What am I running?
I have three screens. My laptop is a Dell Vostro 5590 with a 15", 1920 x 1080 screen that outputs HDMI and USB-C simultaneously. To that, I connect two 27" Dell SE2717 LED monitors. They are 1920 x 1080 resolution, with a 60 Hz or 75 Hz refresh rate, 178° viewing angle, 6ms response rate, and 1000:1 contrast ratio. They are a little bigger and a little better than what I need in my day-to-day life, but I like them and got them at a steal on Black Friday.
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From Jessica Wein, Director of Marketing, MaestroVision
Mary Homiston is a court reporter with the State of Wisconsin for 20+ years. She has a wide variety of experience within different kinds of courts including divorce, criminal, and drug – to name a few.
MaestroVision's Director of Marketing, Jessica Wein, met with Mary to ask a few pertinent questions regarding her life as a court reporter including what piqued her interest in the profession, what are her daily roles and responsibilities, how they have changed as the result of the pandemic, and more.
Check out the interview below.
Jessica: Would you say that the majority of what you record are depositions or hearings?
Mary: Now it’s all hearings because I only work with a judge. When I was a freelancer, I only did depositions. I would do some medical conferences with doctors discussing how to implement different types of health insurance. You’d have a room of 70 doctors and write down what each of them said. That’s all I did for the first six years. Then, I had my daughter in 1994 and moved back to Wisconsin and needed the health insurance, and you didn’t have that as a freelancer so that’s when I started working with the court system for the state. I’ve been toying with the idea because as a freelancer, you make three times the amount of money that you did as an official.
Jessica: Please tell me about a typical day as a court reporter during the pandemic. How many cases do you typically record?
Mary: Our court docket is always a little bit different. Depending upon the week’s designation being either criminal or civil, we may have a full day of divorces, evictions and other civil matters or a week’s worth of criminal hearings such as arraignments, motion hearings, plea and sentencing hearings or jury trials. Because of the pandemic, any or all of these hearings may be conducted via Zoom technology to alleviate the chance for exposure. However, all jury trials must be done in person making it a bit more difficult to coordinate so that all participants can be kept as safe as possible. Before COVID-19, all jury panels were picked the morning of trial. Now, with social distancing and other safety precautions in place, the process is more complex and thus takes more time to go through the process of voir dire. We will pick a jury the afternoon before trial in a large conference room at the KI Center in Green Bay to ensure everyone is kept as safe from being exposed to the virus as possible, and then the chosen people for that jury trial will go to the courthouse the next day to start the trial.
Jessica: Are there any other ways that you feel your job’s responsibilities or process has changed as a result of COVID?
Mary: As I mentioned previously, the process of voir dire has changed tremendously given the fact that we must spread out, keeping everyone at least six feet apart. What that does is it causes a myriad of hearing issues to try to make an accurate record, having to try to hear people answering questions up to 40 or 50 feet away, rather than five or 10 feet away as was historically done in a courtroom. Also, we now use Zoom technology for all other court hearings so instead of sitting in the courtroom with the judge and the parties, I listen to all hearings over my computer in my office and make a record from my office. So my job is now a completely different animal and there’s a huge learning curve with all of this. Everyone is doing the best that they possibly can but it’s a bit of a challenge right now.
Jessica: What tips would you give to court reporters also experiencing changes to their work responsibilities as a result of COVID?
Mary: Generally speaking, court reporters are perfectionists just because of the nature of the product we are making that must be absolutely accurate. When you have all of these different policies and processes that are infiltrating your job, it’s hard not to get bent out of shape about it and not let it consume or overwhelm you. I’ve tried to stay calm enough to go with it and do the best job I can do.
You can’t control it; everything is changing so quickly. If you try to control it, it’s counterproductive and you’re unable to do it. I’ve been in this industry since 1992. So, to do your job one way for over 25 years and then all of a sudden, your whole world changes just as it has for everybody during COVID. It can be a tough transition. I think we’re all just flying by the seat of our pants here and we’re all just doing the best that we can do.
At MaestroVision we believe court reporters should be equipped with software that allows them to focus on their goal: producing accurate transcripts. If you're looking for easy-to-use, reliable digital court reporting software, look no further than KEYSERV Audio software. KEYSERV Audio allows users to simultaneously record up to eight channels of professional quality audio. Its user-friendly interface allows users to mark or flag important audio segments with a descriptive note. The descriptive note displays the actual date and time of the recording, which is displayed during the playback of the recording. For future transcription purposes, the audio recording can be played utilizing a foot pedal. Please visit this link to sign up for a free demo today!
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How the Legal System's Backlog Will Lead to More Transcription Work
From Alexis Allen, Vice President Talent, Allegis Transcription
Never before have we seen a time when our legal system was so jammed up with cases. Between lockdown orders, closed courthouses, the inability to hold jury trials, and deponents refusing to appear in person, the system is underwater. But every dark cloud has a silver lining, and as the floodgates open in 2021, a deluge of work -- especially transcription work -- is upon us.
For those who are dedicated and passionate about this profession, the work is out there and will soon be hitting us like a tidal wave. Courtrooms are beginning to open, attorneys are transitioning to virtual proceedings, and in-person depositions are taking place, state permitting. This does not even include all the cases that will be filed because of the pandemic.
It is estimated that court systems have only processed between 25% and 35% of their normal caseload over the last year. This is likely to set dockets back three to five years, putting additional pressure on the industry to move faster while also needing to handle the new incoming cases that are inevitable.
What will make you successful during this surge of work? Speed, tenacity, adaptability, and skills.
Speed: As many of you know, legal transcription is not for those weak in the fingers. If the average person types at 40 words a minute for one minute, a legal transcriber should type at 70 words per minute for an hour. The faster you can type, the more money you will earn. Of course, quality is king, but speed is queen. Speed will earn you the money, and quality will keep the money coming in over time.
Tenacity: Transcribing is no easy task. It often consists of multiple hours sitting at a computer listening to files with accented speakers, echoes, ambient noise, or all the above. For those who do it as a career, you know the rewarding feeling of finishing a transcript and hitting the send button. As the industry rallies to overcome the backlog of work, it will be just this fighting spirit that will push us through.
Adaptability: Much has changed since COVID started. Some companies have closed and others have opened. New technologies have emerged in the market. Many of us have had to get used to working from home with the ones we love only feet away. Adjusting to meet these changes has been essential and this need for flexibility will continue as the industry grows. This may mean changing your routine, taking on more clients, working with multiple companies, or using new tools.
Skills: No matter how passionate someone is, without the proper experience and/or training, they will drown -- especially as the industry begins to drink from a fire hose. Knowing proper grammar, spelling, punctuation, research, and listening skills is the key to success. For those who have a solid skill base, keep up the hard work; for those who want to take advantage of the rising tide, it may be a good time to brush up on your skills and learn something new.
Between virtual proceedings, the increased popularity of digital reporting, and the torrent of cases set to come down the pipeline, there is plenty of work to go around. The bottom line: If you are not busy, you should be. If you want to be busier, reach out. We have plenty of work to keep you busy.
Visit the Allegis hiring page by clicking here.
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The Nature of Words
from Laurel H. Stoddard, CET
One of the COVID pastimes in which my husband and I indulge in is watching episodes from the 20 seasons of the British show Time Team. In an episode we watched recently, there was a demonstration of making panes for a lantern from horn, and the comment was made that this was why a lantern was sometimes called a lanthorn in earlier times. I made a note to myself to investigate this, and here's what I've found:
Usage in the mid-13th century of "lantern" was derived from Old French lanterne, meaning lamp, lantern, light, whic came from the Latin lanterna, for lantern, lamp, torch, by way of the original Greek noun lampter, torch or beacon fire, from the verb lampein, to shine or give light. Apparently beginning in the latter part of the 16th century and in use through the 19th, the variation lanthorn arose from folk etymology due to the use of horn as a translucent cover for these devices.
As I thought about lanthorns, more words involving "horn" came to mind. To hornswoggle is to swindle or cheat, to bamboozle, to hoodwink. The origin of this word is unclear, but it is American and first came to light in the early part of the 19th century; an instance in print was cited in Virginia around 1829.
A greenhorn is a newbie, a novice, someone naive, or someone who hasn't developed the necessary skills to do a job successfully. So why a greenhorn? The word dates back to the 17th century. Horn was used in the manufacture of jewelry, wherein horn was decorated with a figure and set into silver. The figure was pressed into the horn by heating it. If the temperature was too hot, the horn would turn green, rather than the preferred brown tones. As this error occurred more frequently with apprentices, they were called greenhorns.
A hornbook was originally a child's primer in which the page of written material to be learned was protected by a translucent cover of horn. The word also refers to a rudimentary treatise; hornbook law refers to legal rules that are so basic and well settled that they require no further analysis.
It is only fitting that a discussion that began with lanterns and lamps should come back around to that. Here's a lovely quote from Akshay Vasu: “Kindness is a lamp that we should always kindle in our heart. The warmth of it not only makes us happy from the inside and give light to others. But also makes the world a little more beautiful place every time it lights the lamps in other hearts.”
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Join AAERT's Members-Only Facebook Group |
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AAERT has established a Members-Only Facebook Group to facilitate open member-to-member networking and dialogue and serve as a true benefit of AAERT membership. Members who are active in the open group that has existed on Facebook for several years are encouraged to join the AAERT Members-Only Group. The old group was retired on October 31. We will continue to share information about AAERT activities and events for the general public and advocate and educate about our profession on AAERT's organization page.
Follow these steps below to join the AAERT Members-Only Facebook Group:
- Navigate to the AAERT Organization Facebook Page.
- “Like” the AAERT page.
- On the top bar of the AAERT page you will see a "Group" heading. Click the "Group" heading.
- Click "Join."
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..........................Stay Safe
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