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Description  |
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BACKGROUND OF THE INVENTION
This invention relates to a transcription system used by court reporters;
and, more particularly, it relates to a method and apparatus incorporating
an automatic transcription system for providing real-time use and
manipulation of transcribed testimony by attorneys, judges, court
reporters, witnesses and clients.
As is well known, legal proceedings such as a deposition or trial involve
the participation of, among others, an examining attorney who asks
questions and a witness who must answer ("testify") while under oath.
These answers ("testimony") are recorded by the court reporter, along with
the associated questions and related conversation, using a stenographic
recorder. A stenographic recorder is a machine which provides a set of
keys which are stroked by the court reporter in various combinations and
sequences to represent a spoken word. To provide a backup to the
key-strokes, court reporters use a tape recorder to record tile entire
proceeding.
Older versions of the stenographic recorder only record the court
reporter's key-strokes much the way a computer printer does, creating a
paper tape containing the printed key-strokes as a record of the legal
proceeding. To the untrained eye, the printed key-strokes are
incomprehensible. After the legal proceeding ends, the court reporter
reads the paper tape and manually transcribes each printed key-stroke back
into the words that were spoken, creating a readable transcript of the
testimony. This manual process is herein called "manual, post-processed
transcription".
Newer versions of stenographic recorders have been developed and linked to
computer aided transcription ("CAT") systems to help automate the manual
transcription process. Instead of solely using paper tape recording
methods, the stenographic recorder also electronically stores key-strokes
in built-in memory or on disk. After using such a newer recorder, the
court reporter returns to his office and transfers the electronically
stored key-strokes to his CAT system for transcription. Although the bulk
of electronically stored key-strokes may be translated automatically, the
court reporter must still work interactively with the CAT system to
translate those key-strokes which the CAT system could not recognize. This
nearly automated transcription process is herein called "automatic,
post-processed transcription".
The most recent versions of the stenographic recorder also accommodate
"automatic, parallel transcription", by electronically sending each
electronically registered key-stroke via a telephone line to a remote CAT
system during the legal proceeding. This system requires two court
reporters working in parallel: one using the stenographic recorder to
record the testimony; and the other, who is familiar with the first
reporter's key-stroking style, interacting with the CAT system to carry
out the transcription of each key-stroke received. Working in parallel,
the court reporters might produce a readable transcript within a few hours
after the proceeding has ended.
For all of the transcription systems mentioned above, court reporters often
use the tape recorder to aid in translating misheard words and
untranslated key-strokes. To locate the corresponding audio on a recorded
tape often wastes a great deal of the court reporter's time.
Automatic, parallel transcription systems have also been unsuccessfully
used in a configuration to assist a deaf witness in legal proceedings.
Taking the place of the second, parallel court reporter in the
aforementioned normal scenario, the deaf witness is placed in front of the
CAT system. The CAT system translates and displays the bulk of the
key-strokes and sequences in real-time so that the deaf person can read
the questions asked. One major problem found in this configuration is that
the untranslated key-strokes are displayed in an undecipherable form to
all but a court reporter. A relatively large number of the questions asked
become unintelligible. Furthermore, the fact that the witness is deaf
complicates this matter to a point of failure. For every unintelligible
question encountered, the court reporter must stop using the stenographic
recorder, read the computer screen and then write down the translation by
hand on a piece of paper for the witness. As an additional problem the
witness's own words annoyingly echo back to the computer screen within a
short delay after they are spoken, making it very difficult for the
witness to testify without distraction.
The development of the automatic, post-processed and parallel transcription
system was driven solely by the court reporter's need to accelerate the
transcription process. Using these systems, the court reporter operates
more efficiently, handles a larger volume of work and, as a result, reaps
greater profit. Using any of these transcription systems, however, a
readable transcript is never received by an attorney, judge or witness
until some time after the immediate legal proceeding has ended.
There are a variety of problems facing attorneys, judges and witnesses
relating to the development of testimony taken in a legal proceeding. The
focal point of most of these problems involves the lack of a real-time,
readable record of a witness's testimony while that witness is undergoing
examination. Reliance must be based upon either the minimal assistance the
court reporter might offer or notes taken which often prove to be
burdensome, confusing and untrustworthy. Further details of these problems
become apparent when evaluating the type of legal proceeding involved.
A deposition proceeding often involves the participation of a witness,
court reporter, examining attorney, associate examining attorney,
defending attorney and associate defending attorney. Generally, the
examining attorney asks questions to which the witness responds with
answers. The associate examining attorney assists the examining attorney
in conducting this inquiry. The defending attorney, with assistance from
the associate defending attorney, evaluates the questions being asked and
raises objections when legally improper questions are detected. If a
legally improper question occurs but is not detected, the corresponding
answer may be used to the detriment of the defending attorney's case.
During the entire proceeding, the court reporter records all of the
questions, answers, objections and discussions held during the deposition.
In parallel with the court reporter's recording of the proceeding, all
attorneys rapidly take notes in which they attempt to summarize what they
believe to be the important factors of what they believe they heard the
witness say. Although these notes provide a necessary, working record to
aid in conducting the deposition, they are often incomplete,
mischaracterize or, even worse, completely misconstrue a witness's
answers. Relying on such notes often proves to be detrimental.
If an attorney does not understand an answer, he often asks the court
reporter to read the answer back from the paper tape record. The examining
or defending attorney may also ask for the last answer to be read back if
the answer was so lengthy that notes were not taken fast enough to keep up
with the witness. Similarly, either attorney may ask the court reporter to
read back the last question for a confused witness. When so instructed,
the court reporter stops recording, picks up the paper tape output from
the stenographic recorder, searches for the portion of the record at
issue, and reads the stenographic key-strokes. This reading is often
broken with misplaced delays in pronunciation between phonemes and words
making it difficult to understand. Furthermore, because searching for a
portion of the record in a series of printed key-strokes proves to be very
difficult and time consuming, attorneys are forced to limit requests to
have only the most recent Q & A's read back.
More specifically, the examining attorney takes notes in order to help
formulate questions during a deposition. These notes are referenced
particularly as the witness reveals additional evidence about the same
subject. If the deposition runs for several days, the examining attorney
often reviews each day's notes during the evening in his hotel room in
preparation for the next day of deposition. Reviewing cryptic notes taken
many hours earlier often causes further misunderstandings which may not be
detected until a readable transcript is received. Operating from
unreliable notes, the examining attorney might incorrectly: 1) proceed
with irrelevant lines of questioning; 2) reopen resolved, important
issues--tipping-off the defending attorneys; or 3) abandon unresolved,
important lines of questioning.
A major goal of the examining attorney is to establish the proper form of Q
& A's which relate to important issues in a case. In furthering this goal,
the examining attorney often attempts to embody one or more of the
witness's prior answers as part of a new, summarizing question. Because
this new question is often based upon unreliable notes or poor memory, the
new question mischaracterizes the prior answers. In response, the
defending attorney may correctly object if he detects the
mischaracterization from his potentially unreliable notes and poor memory.
The objection forces the examining attorney to consider either asking the
court reporter to try to find and read back the actual Q & A's at issue or
re-asking the entire line of questioning again. More importantly, this
objection warns the witness to carefully scrutinize each question relating
to this subject before answering. As a result, a battle usually results
over superfluous terms and phrases, and obtaining proper form is
prevented. Furthermore, even if the examining attorney believes proper
form has been achieved, he is often reluctant to verify his belief by
having the Q & A read back because it serves to alert the defending
attorneys that important information may have come to light. Thus,
improper form on critical issues often results.
Leeching away his time for, and therefore the reliability of, his note
taking, the examining attorney is also faced with a multitude of other
tasks such as: 1) analyzing the response of the witness; 2) formulating a
follow up question in view of the witnesses response; 3) analyzing the
defending attorneys objections to the pending question; 4) evaluating the
demeanor of the witness upon each Q & A; 5) reviewing an outline for the
next preplanned question or line of questioning; and 6) writing further
notes regarding future lines of questioning to be asked or reviewed that
evening at the hotel.
To relieve him of some of the burden, the examining attorney often brings
an associate examining attorney with him. The associate does several
things including: 1) taking notes to fill gaps in the examining attorneys
notes at a break or later that evening at the hotel when the two attorneys
plan the next day's questions; 2) ordering and finding documentary
exhibits for the examining attorney; 3) writing messages on small pieces
of paper (usually POST-IT brand notes) and passing them to the examining
attorney; 4) monitoring the passed messages so as to withdraw, supplement
or replace them when necessary; and 5) keeping track of the documentary
exhibits entered into evidence.
While relieving some of the burden upon the examining attorney, the
associate examining attorney creates additional burdens. For example, in
suggesting a follow-up question, the associate must rapidly compose a
brief message and immediately obtain the attention of the examining
attorney before the examining attorney changes the line of questioning. As
a result, the examining attorney sometimes forgets his own line of
questioning. Moreover, these messages tend to be illegible and too brief
for the examining attorney to understand. Without supplementation, these
messages serve no purpose but to distract.
To suggest new lines of questioning, the associate may casually draft a
rather complete message intending for the examining attorney to read the
message at the examining attorney's leisure. However, the mere act of
passing the note tends to distract the attention of the examining
attorney.
The associate attorney may also pass messages to help counter the defending
attorneys' objections or pointing out the witness's demeanor in response
to a question when the examining attorney is looking elsewhere. Again,
this distracts the examining attorney.
Upon receiving a message, the examining attorney must decide when to read
it, and, once read, must decide whether and when to use it. If prior to
reading the message, the examining attorney asks the question contained
therein, the message becomes no more than a distraction. If the examining
attorney determines that the message contains a good question, the
examining attorney either asks that question immediately and discards the
note or saves the note for a later time. At times, an attorney may have
ten to fifteen notes in front of him that he must deal with. This is
particularly the case where the associate knows more facts about the
witness than does the examining attorney, or where the associate attorney
is the more senior or more experienced of the two.
As previously stated, the defending attorney must also take summarizing
notes regarding both the Q & A's in the deposition. From these notes, the
defending attorney attempts to deduce upcoming lines of questioning,
specific details of the examining attorney's positions, strengths or
weaknesses associated with those positions and objections such as "asked
and answered" or "mischaracterizing the testimony". These notes also
remind the defending attorney to discuss incorrect statements made by the
witness during a break so that the record can be corrected when the
deposition resumes.
Among a variety of other duties also detracting from his note taking
ability, the defending attorney must object whenever the question is
inappropriate and state the reasons for his objections. Not only do these
objections address evidentiary concerns, but some attorneys use the
objection to warn the witness to scrutinize critical questions posed by
the examining attorney as previously described. Furthermore, all such
objections must be seasonable, i.e., before the witness answers a pending
objectionable question. Note taking tends to detract from the defending
attorney's ability to seasonably object and vice versa.
To help alleviate this problem, the defending attorney often brings along
an associate defending attorney. Much like the associate examining
attorney, the associate defending attorney takes notes and passes messages
to the defending attorney. If the note involves making an objection, the
defending attorney will rarely be able to make it seasonably. The messages
just cannot be drafted, passed and read fast enough. The notes taken do
however help fill the gap found in the defending attorney's notes who can
then focus on his other duties. In addition, the description of many of
the other problems encountered by the examining attorneys are equally
applicable here.
During a trial proceeding, both the plaintiff's attorneys and defendant's
attorneys take turns assuming the role and duties of the examining and
defending attorneys as previously described in the deposition proceedings.
In many cases, instead of a single associate attorney, many associate
attorneys may participate. The examining attorney at trial is called the
"first chair". The most senior associate attorney, if at least one, is
called the "second chair" and so on. There may be several "chairs"
representing a single client.
The problems described previously relating to a deposition directly, and
perhaps more severely, apply to a trial proceeding. This is due in part to
the increased number of attorneys involved. Additionally, several
different problems associated specifically with the trial proceeding also
exist. For example, because the first chair is often on his feet and not
near the other chairs on his team, passing messages or note taking proves
to be very difficult if not impossible. This communication gap manifests
other problems when the first chair attempts to obtain trial exhibits or
other supporting materials. Scrambling to draft and pass a message to, or
to reach whispering range of, a lower number chair often occurs. Other
chairs that could possibly know of the location of the requested material
are often oblivious to the request.
Another communication gap exists between the attorneys at trial and those
that cannot attend. Only those attorneys present and listening can respond
at the proceeding. Non-attendees who might otherwise be able to assist
have no means to evaluate the trial or communicate with the attending
attorneys.
On the defending attorney's side, the nomenclature using the first chair,
second chair and so on is also used. The problems applicable to the
defending attorneys during a deposition are also applicable and compounded
at trial because of the enhanced significance of the defending attorney's
duties beyond those of detailed note taking. As a result, much of the note
taking must be left to other chairs.
A judge must monitor, evaluate, and moderate the procedures and substance
of the trial proceedings. Each question or line of questioning, answer and
exhibit must be carefully analyzed for content, evidentiary form and
relevance so that rulings on related objections can be immediately made.
If a judge is distracted, he is faced with problems previously enumerated
with having to have the court reporter read back from the record. The
judge also takes notes relating to various Q & A's or statements made
during trial, particularly when ruling on issues of law or fact from the
bench. Due to the multitude of duties facing the judge, the judge's note
taking is also subject to many of the other previously mentioned problems.
Currently, facing the foregoing problems are over thirty thousand court
reporters and hundreds of thousands of attorneys and judges in the United
States alone. Hence, it would be highly desirable to solve the foregoing
variety of problems enumerated above facing attorneys, judges, court
reporters and witnesses in conducting legal proceedings such as a
deposition or trial by using and manipulating testimony generated in
real-time by an automatic transcription system.
It is therefore an object of the present invention to provide a method and
apparatus which will aid the examining attorney's use and manipulation of
testimony generated in real-time by an automatic transcription system.
It is another object of the present invention to provide a method and
apparatus which aids associate examining attorneys in the use and
manipulation of testimony generated in real-time by an automatic
transcription system to assist the examining attorney.
It is yet another object of the present invention to provide a method and
apparatus which aids the defending attorney in the use and manipulation of
testimony generated in real-time by an automatic transcription system.
It is another object of the present invention to provide a method and
apparatus which will aid the associate defending attorney's use and
manipulation of testimony generated in real-time by an automatic
transcription system in assisting the defending attorney.
It is therefore an object of the present invention to provide a method and
apparatus which will aid the examining first chair's use and manipulation
of testimony generated in real-time by an automatic transcription system.
It is another object of the present invention to provide a method and
apparatus which will aid the examining second chair's use and manipulation
of testimony generated in real-time by an automatic transcription system
in assisting the examining first chair.
It is another object of the present invention to provide a method and
apparatus which will aid all examining higher chairs' use and manipulation
of testimony generated in real-time by an automatic transcription system
in assisting the examining second chair.
It is yet another object of the present invention to provide a method and
apparatus which will aid the defending first chair's use and manipulation
of testimony generated in real-time by an automatic transcription system.
It is another object of the present invention to provide a method and
apparatus which will aid the defending second chairs' use and manipulation
of testimony generated in real-time by an automatic transcription system
in assisting the defending first chair.
It is another object of the present invention to provide a method and
apparatus which will aid all defending higher chairs' use and manipulation
of testimony generated in real-time by an automatic transcription system
in assisting the defending second chair.
It is a further object of the present invention to provide a method and
apparatus which will aid the judge's use and manipulation of testimony
generated in real-time by an automatic transcription system.
SUMMARY OF THE INVENTION
These and other objects of the present invention are achieved in a
transcription network having a reporter's terminal, an attorney's
terminal, and an associate's terminal with a communication link
therebetween. Specifically, the attorney's terminal and associate's
terminal receive text signals representative of spoken words from the
reporter's terminal via the communication link, and display the text. The
associate's terminal also provides a means for generating and sending
messages via the communication link to the attorney's terminal.
Other objects are also achieved in a transcription system having a
terminal, for transcribing signals representative of spoken words into
corresponding alphabetic and numeric text, which is linked to a recorder
for recording spoken words. A means which operates across the link creates
associations between recorded spoken words and corresponding alphabetic
and numeric text.
Objects are also achieved in a reporting system having a transcriber node
which operates on coded representations of spoken words and having
cross-reference and phoneme libraries. Specifically, the reporting system
uses the cross-reference library to identify; associations between coded
representations of spoken words and corresponding alphabetic and numeric
text. Where associations cannot be identified, the reporting system then
uses a phoneme library for associating spoken words with pronounceable
text.
Objects are also achieved in a reporting system operable on coded
representations of spoken words. Particularly, the reporting system
comprises a transcriber which cross-references the coded representations
of spoken words so as to identify corresponding alphabetic and numeric
text. The identified text is then analyzed and, if appropriate, objections
to the spoken words are provided.
Objects are also achieved in a transcription network comprising a plurality
of terminals each having a display screen which is electrically
controllable for visually displaying alphabetic and numeric text. A
hierarchical communication link controls the communication flow between
the plurality terminals. Each of the terminals send and receive messages
via said hierarchical communication link, which provides for selective
relaying of messages between said plurality of terminals.
BRIEF DESCRIPTION OF THE DRAWINGS
FIG. 1 is a perspective view of an embodiment of an overall system
configuration according to the present invention.
FIG. 2 is a schematic block diagram of an embodiment of the stenographic
recorder used in the present invention.
FIG. 3 is a detailed view of the interconnection of the stenographic
recorder and CAT system.
FIG. 4a is a diagram representing the association of data fields into a
record which is used as a basis for the overall data structure for
transcription according to the present invention.
FIG. 4b is a detailed diagram representing the overall data structure used
by the CAT system in transcription.
FIG. 5a is a diagram representing the phoneme library used in the present
invention wherein substitutions of readable phoneme text is found for
untranslated key-strokes.
FIG. 5b is an exemplary diagram of a foreign language table which is used
to cross-reference text of a first language that corresponds to translated
words of a first language.
FIG. 6a is a perspective view of the examining attorney terminal and its
interconnection to the CAT system and stenographic recorder.
FIG. 6b is a perspective view of the examining attorney terminal's which
provides further detail for both the display and keyboard.
FIG. 7a is a perspective view of the examining attorney terminal displaying
the outline mode of the present invention which provides text editing of a
case law outline indexing a set of preset messages.
FIG. 7b is a perspective view of the examining attorney terminal displaying
a tree-structured outline providing hierarchical display of the categories
of law to be investigated during a deposition.
FIG. 8 is a perspective view of the associate examining attorney terminal
which provides details in both the display and keyboard and its
interconnection to the examining attorney terminal, CAT system and
stenographic recorder.
FIG. 9 is a perspective view illustrating the use o | | |
