By Brian DiGiovanna, RMR, CRR, CMRS, and Rebecca A. Askew, Esq.
The legal industry is known to be resistant to change. Many legal professionals still consider WordPerfect 5.1 as the word processing "Mecca!"
Similarly, the standard for receiving transcripts electronically in many minds is ASCII. The use of ASCII for transcript distribution led to the innovation of technology to better control how transcripts are viewed. Now, greater benefits are available to both the transcript author and the customer who uses this technology for transcript dissemination and viewing. Just as DOS was replaced with Microsoft Windows, improved electronic transcript technology has supplanted the use of ASCII transcripts.
A Brief History
ASCII is an acronym for American Standard Code for Information Interchange. Developed by the American National Standards Institute (ANSI) in 1963 and finalized in 1968, ASCII is arguably the most basic of the standards set for data exchange. As computers can only understand numbers, ASCII converts letters, digits and symbols into 127 different numerical combinations that allow data to flow easily among various data processing systems.
When introduced to lawyers by the court reporting industry, ASCII provided the first electronic method for distribution of a draft or final transcript in a medium other than paper. Although far from perfect, ASCII revolutionized the way in which transcripts could be disseminated by the court reporter. Joseph N. Spinozzi, a partner with New York-based DocuServe Group, recalls: "When our customers received their first transcript in ASCII format, they could not believe it. Lawyers and legal support staff were relieved of the burden of transporting paper transcripts to courts and to depositions. Customers were so excited about receiving their transcripts electronically, that they overlooked the shortcomings of ASCII."
Flexibility vs. Integrity
Once the newness of ASCII wore off, customers began to quickly recognize the problems associated with receiving a transcript in ASCII format. ASCII does not have a viewer specific to its format but is viewed through a computer's word processing software (i.e., Word, Word Perfect, Works, etc.). Because of this flexibility and the basic nature of the code, ASCII documents are unable to keep formatting intact when opened. It shapes to whatever rules are in place in its current viewing environment. This presents an issue in documents where formatting is essential, such as the line and page numbering found in transcripts. The result is that it does not provide an accurate representation of the original paper document.
Paul Rayborn, a federal official court reporter from the Northern District of Florida, found that he had attorneys "grumbling about an ASCII transcript not being a 'perfect copy' of the original record filed with the clerk." Attorneys tended to blame the imperfections of the transcript sent in ASCII format on the court reporter.
Another flaw in the ASCII format centers around the lack of security features associated with it. An ASCII document, as explained above, is normally opened using word processing software; the document is easily altered using the tools available with that same word processing software. In transcripts, where accuracy and integrity are essential, the continued usage of ASCII becomes problematic.
Technology to the Rescue!
ASCII is pervasive in all industries, not just the legal and court reporting industries. Similarly, Portable Document Format (PDF), another industry-agnostic technology, has been introduced as an alternative to ASCII transcripts. In fact, some CAT software, such as Stenograph's caseCATalyst4, includes a Print to PDF function that essentially takes a picture of the original transcript, thereby protecting its page and line integrity. The PDF printing, searching, and formatting capabilities overcome many of the ASCII obstacles; however, they often have larger file sizes and impede quick transmission via Internet (e.g., PACER) and e-mail servers.
New electronic transcript dissemination and viewing technologies have been developed specifically to aid the court reporter in e-mailing a better quality transcript. One such innovation, the E-Transcript Viewer, was created in 1996 by RealLegal as a method to securely and accurately send and view electronic transcripts. This technology performs like an envelope wrapped around an ASCII, making it user-friendly and interactive while protecting its integrity. After finalizing a transcript, the court reporter simply imports the ASCII file into the software to standardize formatting and to activate full-text searching, condensed printing and password protection features. The new file is an encrypted, virus-protected, digitally signed E-Transcript, which can be safely and securely e-mailed to customers in either .EXE or .PTX format.
Because of the timesaving features incorporated into these new technologies, they have become the preferred method of transcript dissemination for judges, attorneys, and support staff. With the click of a mouse, end users can search the transcript text using the hyperlinked word index, or easily cut and paste relevant portions of the transcript into their word processing document for reference. The new electronic transcript maintains the same line and page integrity as the original paper transcript, and it can be viewed from anywhere. Although end users do not need special software to use the features, these transcripts easily import into most transcript management software packages.
Just as people thought nothing could be better than the 8-track tape, advances in technology changed that perception. The same is true with the usage of ASCII for transcript distribution and viewing.
This article first appeared in the October 2003 issue of LegalTech Newsletter with information on the two authors following.
Brian DiGiovanna,RMR, CRR, CMRS, is an official court reporter in New York and Special Advisor for Courtroom Technology, Supreme Court Civil Division.
Rebecca A. Askew is a licensed attorney with 18 years experience in various forms of litigation, including commercial, criminal, family and appellate.