We live in an age where digital systems are part of our everyday lives, especially in relation to sound. In our leisure time, television, radio and sound systems in particular are all going digital. So why are we so reluctant to embrace digital technology in the workplace?

How many of us still have a tape deck or turntable in our home rather than a CD or digital system? iPods have over-taken Walkmans, music can now be downloaded from the internet and DVDs have made video cassettes obsolete.

There are many situations in the legal process when an accurate record of what is said is imperative; for example at disciplinary hearings, witness interviews and client meetings. And yet in many law firms and UK courts, digital recording has yet to be introduced.

However, that said, there are some firms that have begun to recognise the benefits and are now using digital technology to provide a verbatim record of formal disciplinary interviews, among others, that might not otherwise have been recorded word for word. Having such an accurate record on file can help to alleviate the risk of future claims being made against an employer, for example, for issues such as bullying or sexual harassment.

Applying the technology is both inexpensive and time-efficient and digital recording units are readily available. In addition, transcription of the files can be easily outsourced. Sound files are emailed to specialised transcription companies who will transcribe files overnight and return them straight to the firm's inbox. The cost of this is relatively low and does not tie up valuable resources in the company's business.

Firm favourite

Top 10 City firm Ashurst has already experienced the benefits of going digital. Litigators at the firm regularly use digital recording equipment and out-source the transcription of recordings to obtain an accurate record of witness interviews.

They have found that changing from traditional note-taking or taping to digital recording has resulted in better quality transcripts and, as a consequence, considerable savings from both the cost and time efficiencies it brings.

Ashurst litigation support manager Mark Simmons says, "There are frequent occasions when transcripts are required urgently, and using a company that has transcribers based around the world means transcripts can be produced overnight and delivered to our lawyers by email for the following morning. The process is simple – recorded files can be uploaded to a secure website and memory cards can be re-used once the audio has been transferred.

"Digital recording units are simple to operate and mean lawyers are released from the laborious task of taking notes and can therefore concentrate on the legal aspects of the interview."

Court in the act

And what about the courts? Will the introduction of digital technology lead to the demise of the stenographer? Certainly not. For complex litigation where real-time services are now considered a necessity, a stenographer is essential for an accurate record. However, for uncomplicated matters, Digital audio recording (DAR) is an excellent solution and is being used in courts around the world on a daily basis.

A successful system

DAR was first introduced in Hong Kong in 1997 and has been successfully providing accurate records in an extremely cost-effective way since. The multi-channel system ensures an exceptionally high-quality audio recording. All recordings are split into multi-channels to enable a more accurate transcription. The audio is stored on servers for the required term of seven years. The servers themselves are becoming less bulky and less expensive.

The system has proved to be efficient and robust, and as statistics showed that only 30% of proceedings required transcription, it has led to considerable cost savings. The loggers are trained to provide accurate summaries of proceedings simultaneously in four courts, which leads to even further savings.

Northern Ireland also has an excellent DAR set-up in its courts, and digital systems have been installed in Australia, Canada and Singapore with great success. Sri Lanka, Bahrain, the Republic of Ireland and Malaysia have installed or are due to install DAR. The question now must be: why is this technology not yet being used in UK courts?

One of the reasons is the large number of courts here. The decision to move to digital has generally been made by smaller territories. However, UK courts are starting to recognise the need to move to digital and the transition has already begun. It was recently announced that the Court of Appeal will be moving to DAR with immediate effect, further to successful trials.

Court services around the world need to accept that sooner or later the move to digital technology is a given. Stenography is a skill in short supply and there is only one training course in the UK, operated by a stenography company.

There will also come a time when tapes are no longer manufactured, as digital technology supercedes analogue all around the world. In some cases, this may involve a change in legislation, where the law dictates that transcripts must be taken by stenographers. In others, multi-language capabilities must be considered. But whatever the obstacles, the adoption of digital technology is imperative.

The right selection

Once the decision has been made to move to digital, other key factors should be taken into consideration. For example, the selection of the right system is very important. Multi-channel systems enable transcribers to listen to individual speakers more clearly although with some systems this results in a large audio file that is difficult to transport to reporters.

Ideally, courts should be surveyed to ensure the correct microphones are used, something that is of particular importance in old court buildings where the acoustics maybe poor.

The move from stenography to digital must be carefully managed. It is important that the transition is seamless and that the reasons for and process of the change is clearly communicated. Judges, clerks and administrators need to be trained in new systems and educated about dealing with digital. It is critical that microphones are not obstructed or moved, that all systems are tested prior to court starting and that systems are switched on.

Loggers and transcribers have to be fully trained in terminology, accents and style. For long hearings, teams of transcribers may be used and a consistency in style is required across the transcript. It is important to put in place quality control for the recording and the transcription.

End result

So how will the change to digital affect the end user of the transcript? If the recording equipment is of the right standard and properly installed and all staff are trained, the quality of the transcript should be excellent. This has certainly been the case in other jurisdictions where contracts have been well managed. In addition, there are also other advantages:

. the audio is more easily accessible. This is of particular importance when looking at areas such as the tape transcription panel. The turnaround of the transcript is often slowed due to delays in getting the tape from the court to the transcriber. With a digital system, the transcribing company can lift the digital file from the server where it is stored and enable instant access;

. digital systems enable clerks and judges to play back testimony in court, should there be disagreement about what was said; and

. the quality of the recording enables a better quality transcript.

Courts are not the only formal hearing environment that digital systems are suitable for. Portable digital systems mean that hearings can be recorded out-side of the court environment on a case-by-case basis. This is now being used for shorter arbitrations, tribunals and coroners' courts.

In addition, digital systems are becoming invaluable within businesses when dealing with employees. When Barings Bank collapsed, much evidence was gathered from recorded telephone conversations. Most banks now record telephone conversations digitally. Personnel divisions are appreciating the value of having disciplinary procedures recorded for use during tribunal hearings.

In short, digital recording systems are here to stay. In a time when a stenography resource is rare, they offer an excellent alternative and are inexpensive and easy to operate. Recordings are clear, easy to store and easy to move in the event that they require transcribing.

By coupling digital recording with outsourced transcription, law firms and courts can save both time and money, and help make the process of litigation and justice run more smoothly. |

Vicky Harris is business development director of WordWave International.